[cc-community] Computer-generated derivative

Gisle Hannemyr gisle at ifi.uio.no
Mon Mar 9 12:22:15 EDT 2009


On 09.03.2009 16:52, Rob Myers wrote:
> On Mon, Mar 9, 2009 at 3:30 PM, Gisle Hannemyr <gisle at ifi.uio.no> wrote:
>> On 09.03.2009 13:04, Richard Fairhurst wrote:

>>> If Fred has a program running on his computer that downloads
>>> OpenStreetMap data (licensed CC-BY-SA),

>> While CC-BY-SA 2.0 is the license you'll find  attached to the
>> OpenStreetMap data, "data" is not protected by CC-BY-SA 2.0.
>> The license defines "Work" as "copyrightable work of authorship",
>> and "data" falls outside this definition.

> Yes this is the basis of the current relicencing debate at OSM as
> you observe.
> 
> With Richard's question, if we assume the we are in a jurisdiction
> where maps are copyrightable
> and the BY-SA work we are considering is
> a map, what happens to Fred now?

I don't see the relevance to the original scenario (which deals
with map data, rather that the expression of those data into
some graphical form). But for what it is worth:

If we are in a jurisdiction where a map (a graphical rendition based
upon map data), is a copyrightable work, and Fred takes a map licensed
under CC BY-SA, use a scanner to digitize the map and then creates a
slightly different map with some additional markings on the map based
upon some proprietary data Fred own, Fred has to abide by the license
and release the derived work (the new map he has created) under
CC BY-SA.
-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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