[cc-community] Computer-generated derivative

drew Roberts zotz at 100jamz.com
Mon Mar 9 14:05:17 EDT 2009


On Monday 09 March 2009 12:22:15 Gisle Hannemyr 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.

What if instead, Fred downloads the data and not the BY-SA map made from the 
data and then creates a slightly different map with some additional markings 
on the map based upon some proprietary data Fred own(s?)

I am ignorant, but I thought that the data was to be freely available under 
some open or free license...

all the best,

drew


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