Per the contributor agreement, the copyright remains with the contributors (to the extent their individual contributions were copyrightable), to license their rights to OSMF with a right to sublicense, but the database rights belong to OSMF, because OSMF is the only entity that "collected" the database. The correct attribution legally speaking is just to OpenStreetMap, no © symbol. That's because OSMF is sublicensing any copyright rights and licensing any database rights together under the ODbL,.The © is also leftover from CC-BY-SA days.
On Fri, Apr 17, 2020 at 7:49 AM Mario Frasca <ma...@anche.no> wrote: > Hi, > > maybe I'm not reading too attentively, but what I understand is that the > contract is about licensing, while the copyright on what the contract calls > 'Your Contents' stays mine. > > that is what I thought when I wrote: > > if you say that "© OpenStreetMap" is the same as "© OpenStreetMap > contributors", I'm fine. > > I have the impression you are confusing copyright ownership with licensing > and authorization to sub-licensing. > > Legally, the copyright actually belongs to the Foundation (and individual > contributors retain their copyright, but grant usage and distribution > rights to the OSMF). > > somehow I keep finding your parenthesized explanations confusing. if > you're right in your out-of-parentheses statement, I would probably > reconsider my position as contributor. > > MF > On 17/04/2020 09:36, Martin Koppenhoefer wrote: > > Am Fr., 17. Apr. 2020 um 15:37 Uhr schrieb Mario Frasca <ma...@anche.no>: > >> but if you argue that OpenStreetMap is owned by OpenStreetMapFoundation >> and that "© OpenStreetMap" means "© OpenStreetMapFoundation", then I'd >> rather stick to the current situation, where it's very clear that the >> copyright belongs to contributors, be it as individuals or as a community. > > > > I tried to look at the legal situation (morally, I agree that > OpenStreetMap is more about the community than OpenStreetMapFoundation, > indeed that's an unmentioned reason why I suggested OpenStreetMap and not > the foundation to be credited also in an updated version. > > Legally, the copyright actually belongs to the Foundation (and individual > contributors retain their copyright, but grant usage and distribution > rights to the OSMF). It is written in the contract you have signed with the > OSMF (contributor terms). If you download data from OpenStreetMap, your > licensor is the OSMF. You have authorized the OSMF to distribute the > content on their behalf, and to pursue copyright infringements. > > "You hereby grant to OSMF a worldwide, royalty-free, non-exclusive, > perpetual, irrevocable licence to do any act that is restricted by > copyright, database right or any related right over anything within the > Contents, whether in the original medium or any other. These rights > explicitly include commercial use, and do not exclude any field of > endeavour. These rights include, without limitation, the right to > sub-license the work through multiple tiers of sub-licensees and to sue for > any copyright violation directly connected with OSMF's rights under these > terms. To the extent allowable under applicable local laws and copyright > conventions, You also waive and/or agree not to assert against OSMF or its > licensees any moral rights that You may have in the Contents." > > There are also some conditions of course, "OSMF agrees that it may only > use or sub-license Your Contents as part of a database and only under the > terms of one or more of the following licences: ODbL 1.0 for the database > and DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or > such other free and open licence as may from time to time be chosen by a > vote of the OSMF membership and approved by at least a 2/3 majority vote of > active contributors." > > And of course in 5 you have mutually agreed, that "except as set forth > herein, You reserve all right, title, and interest in and to Your Contents." > > https://wiki.osmfoundation.org/wiki/Licence/Contributor_Terms > > The excerpts are copied from the current version 1.2.4. > There isn't much information (or I didn't find it) to which specific > version one has agreed, nor is the text of former versions publicly > visible, but AFAIK OSMF has internally a trace of who has agreed to which > version, and of course people will have their own copies on their pc. > I don't recall agreeing to any updated versions of the Contributor Terms > after 2012, and I guess nobody has, you always agreed to the current > version when you signed up (or at the license change in 2012), so your > contract with the OSMF may be slightly different. > > Cheers > Martin > > > > > > > _______________________________________________ > talk mailing list > talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/talk >
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