[cc-community] Computer-generated derivative

Gisle Hannemyr gisle at ifi.uio.no
Mon Mar 9 14:56:58 EDT 2009


On 09.03.2009 19:05, drew Roberts wrote:
> On Monday 09 March 2009 12:22:15 Gisle Hannemyr wrote:

>> 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?)

In that case, Fred has created a new work that can be copyrighted
by Fred and that he can do whatever he wants with.  For instance
he can publish it under some non-free licence (aka. All Rights
Reserved).

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

How come?
I can't see how a license applies in this particular case.

I am sure that the OpenStreetMap data is not covered by any license.
So Fred's use of the OpenStreetMap data is only limited by what
is allowed by the IP laws in his jurisdiction.  I don't know of
any jurisdiction where you are /not/ allowed to remix a small
portion of a huge database, so Fred don't /need/ a license to use
the OpenStreetMap data as described in this particular scenario,

And assuming the proprietary data is owned by Fred, Fred can of
course do whatever he wants with those as well.
-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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