[cc-community] Computer-generated derivative
Rob Myers
rob at robmyers.org
Mon Mar 9 12:29:33 EDT 2009
On Mon, Mar 9, 2009 at 4:22 PM, Gisle Hannemyr <gisle at ifi.uio.no> wrote:
> 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.
Sure, but the question is what happens if, rather than Fred doing it
manually himself, Fred is faced with a Flash applet (for example)
provided on a web page that will pull in a BY-SA map and some
proprietary work then make the proprietary derivative on his computer
*for* him.
- Rob.
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