[cc-community] Computer-generated derivative
Richard Fairhurst
richard at systemeD.net
Mon Mar 9 13:33:35 EDT 2009
Gisle Hannemyr wrote:
> If Fred had a Flash applet that created a remix of two copyrighted
> graphical artworks in the way you describe, the derived work
> (the new map he has created) must also be released under
> CC BY-SA. Whether the remixing of the copyrighted graphical
> artworks is done manually by means of a scanner + Gimp, or
> by some applet software tailor-made for the task, does not
> make a difference. The point is that if when start with
> copyrighted graphical artwork available under CC BY-SA,
> any graphical artwork derived from that must also be
> made available under CC BY-SA.
But "must also be released" and "must also be made available" are the
killer words here.
If I type
curl -o map.osm http://www.openstreetmap.org/api/0.5/map?
bbox=11.4,48.7,11.45,48.75
sed -e 's/node/nude/g' map.osm > mymap.osm
and the result just sits on my hard drive, I don't have to release
it, or make it available, to anyone. I've simply created a local copy
with my own proprietary alterations. Only if I distribute it do I
have to make it available under CC-BY-SA ("You may distribute,
publicly display, publicly perform, or publicly digitally perform the
Work only under the terms of this License").
I think the Flash example is the same. It's a program running on my
local computer that just makes a local copy. There's no infringement
unless Fred distributes it - and he's not allowed to do that because
he doesn't have rights to relicense either the CC-BY-SA or the
proprietary data.
(I do agree with you on the wider point that OSM data almost
certainly isn't "protected" under CC-BY-SA anyway, but that's a whole
nuther topic.)
cheers
Richard
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