Jump to: content, navigation, search

Navigation menu

Licence/Licence and Legal FAQ: Difference between revisions

Licence/Licence and Legal FAQ (view source)

Revision as of 04:31, 3 January 2023

5,236 bytes added ,  1 year ago
Updated version of FAQ, per LWG revision
(Remove CC BY-SA 2.0 reference)
(Updated version of FAQ, per LWG revision)
== ABOUT THESE FAQS ==
 
This FAQ page is to help answer questions for anyone who wants to use OpenStreetMap geodata. HOWEVER, please note that none of this is legal advice. We are a small not-for-profit organisation with the goal of publishing big, useful data. If you need legal advice you need to hire your own lawyer and rely on their advice. The same applies for the specific Guidelines that we have prepared and which are referred to in these FAQs.
 
== 1. USING OSM DATA ==
==What is the licence, how can I use it?==
 
=== 1.1. What license applies to the use of the OSM Data? ===
This FAQ is for anyone who wants to use OpenStreetMap geodata for making maps, routing, location or any other purpose. You do not need to register with the OpenStreetMap project. OpenStreetMap geodata is freely available to anyone.
OSM data is made available under the Open Database Licence version 1.0 (the "ODbL"), a copy of which is available [https://opendatacommons.org/licenses/odbl/ here].
 
=== 1.2. Who can use OSM Data? ===
==The OpenStreetMap Geodata Licence==
Anyone can use OSM data. You do not need to register with the OpenStreetMap Project.
 
=== 1.3. What can I do with the OSM Data? ===
The OpenStreetMap project provides increasingly extensive map data for the entire world that you can download and use for ANY purpose you like.
The ODbL allows you to use the OSM data for any purpose you like. This includes personal, community, educational, commercial or governmental.
 
=== 1.4. Is attribution required? ===
Usage of the geodata is controlled by a licence. The most important thing about the licence is that '''you do not have to pay anybody anything to use the data'''. There are '''NO''' copyright, licence, usage or other fees. You may use the data for personal, community, educational, commercial, government or any other use that you can think of. We, the OpenStreetMap community, ask only two things in return.
'''Yes!''' Please see our [[Attribution_Guidelines|Attribution Guideline]] here. Within the guideline, guidance is provided on the following common use cases:
 
* [[Attribution_Guidelines#Databases|Databases]]
Firstly, that you '''attribute''' OpenStreetMap, i.e. you show clearly where you got the data from. A lot of contributors have spent and spend a lot of time and effort adding data from virtually every country in the world. We would also like people to know about our project and perhaps use or contribute data themselves.
* [[Attribution_Guidelines#Interactive_maps|Interactive maps]]
* [[Attribution_Guidelines#Static_images|Static images]]
* [[Attribution_Guidelines#Geocoding_(search)|Geocoding (search)]]
* [[Attribution_Guidelines#Routing_engines|Routing engines]]
* [[Attribution_Guidelines#Machine_learning_models|Machine learning models]]
* [[Attribution_Guidelines#Books,_magazines,_and_printed_maps|Books, magazines, and printed maps]]
* [[Attribution_Guidelines#Artwork,_household_goods,_and_clothing|Artwork, household goods, and clothing]]
* [[Attribution_Guidelines#TV,_film,_or_video_productions|TV, film, or video productions]]
* [[Attribution_Guidelines#Computer_games_and_simulations|Computer games and simulations]]
 
=== 1.5. Is OSM Data Free to Use? ===
Secondly, you '''"Share Alike"'''. If you do not make any changes to OpenStreetMap data, then you are unlikely to have a "Share Alike" obligation. But, if you publicly distribute something that you have made from our data, such as a map or another database, AND you have added to or enhanced our data, then we want you to make those additions publicly available. We obviously prefer it if you added the data straight back to our database, but you do not have to, as long as the public can easily get a copy of what you have done. If you do not publicly distribute anything, then you do not have to share anything.
YES! There are '''NO''' copyright, licence, usage or other fees and '''you do not have to pay anybody anything to use the map data that is made available by OSM. However, OSM’s map tiles are not free and not intended for commercial use (see below). Furthermore, others may charge you for their versions of the OSM data or any derived data).'''
 
If you would like to support the project, however, please [https://donate.openstreetmap.org/ donate].
Our licence is the [http://www.opendatacommons.org/licenses/odbl/ Open Database License (ODbL)]. Here is the [http://opendatacommons.org/licenses/odbl/summary/ human readable summary] and here is [http://opendatacommons.org/licenses/odbl/1.0/ the full text].
 
=== 1.6. What About Map Tiles? ===
'''Legal Bit!''' Please note that none of this is legal advice. We are but a small not-for-profit, with a goal of publishing big, useful data.
OSM is not a commercial entity and does not offer commercial map tile services. OSM map tiles are made available to support the project and community, and are funded by donation. Any use of map tiles served by the OpenStreetMap project (tile.openstreetmap.org) must observe our [[Tile_usage_policy|tile usage policy]]. In particular, proper '''attribution''', as described by the Attribution Guideline [[Attribution_Guidelines|here]] is '''required'''.
 
Of course, you can always take OSM data and deploy your own tile service. It is then likely that your tile service would be deemed a "Produced Work" for the purposes of the ODbL. The implications of this are set out below. Several commercial providers also provide a tile service based on OSM data.
==I am using your older data==
 
=== 1.7. Are there any special conditions to be aware of? ===
Data contributed prior to September 2012 continues to be available from our archives under [http://creativecommons.org/licenses/by-sa/2.0/ "CC-BY-SA", the Creative Commons Attribution Share-Alike version 2.0].
There are a number of key conditions that you need to be aware of if you want to use our data. These conditions are imposed by the ODbL license under which the OSM data is made available. '''To make life easy, we have explained what you need to do with some common use cases under paragraph 1.8 below.''' If you are doing something else, please keep reading.
 
There are some key concepts to understand. These are the concepts of "Public Use", "Produced Work", "Derivative Database" and "Collective Database". Let’s deal with them one by one:
Both licences are broadly the same, you can use the data without payment, provided that you "Attribute" and "Share Alike". However, the new licence is specifically written for databases. It offers our project more protection. Attribution is more practical. It is a lot clearer on when "Share Alike" is triggered. It also allows you to make maps with layers from different data with incompatible licences. In short, we want even more people to use our data.
 
;"'''Public Use'''"
'''Legal Bit!''' Under "CC-BY-SA", the individual contributors, not the Foundation, were the licensors of the data.
:This is where you distribute the OSM data or any Derivative Database (see below), or a Produced Work built from either of these, outside of your organisation or, if you are not an organisation, you make it available to third parties. If you only use OSM data and any Derivative Databases privately for yourself or within your school, organisation or company then it is not public use.
;"'''Produced Work'''"
:Most uses of OSM are as Produced Works. A produced work is where you take the OSM data and turn it into a finished work (as opposed to it being made available as a database). Examples of this would be where you use a screenshot of OSM, print OSM data onto paper maps, have a website or API service that delivers map tiles or where you are displaying a map as part of a larger work such as a television show, film, advertisement or book. To help understand this, we have created a specific Guideline [[Produced_Work_-_Guideline|here]].
;"'''Derivative Database'''"
:This is one of the most complex parts of the ODbL. You should read the exact wording in the licence along with the meaning of a Collective Database below. However, at a high level, a Derivative Database is created where you adapt, modify, enhance, correct or extend our data.
;"'''Collective Database'''"
:A Collective Database is where the OSM Data is used as part of a collection of otherwise '''independent''' databases which are assembled into a collective whole. A Collective Database is not therefore considered a Derivative Database.
 
The concepts of Collective Databases and Derivative Databases are particularly relevant where you want to use your data or third party data in conjunction with our data and is a critical point to get right due to the Share- Alike condition we explain below. To help you understand the difference between a Collective Database vs a Derivative Database for OSM data, we have published a number of guidelines to help you [[Community_Guidelines|here]]. We recommend you read through these Guidelines and the examples contained in them.
==Is it really free?==
 
With the above core concepts explained, what are the key conditions you need to be aware of? Well, they are:
Yes!
 
* Where you make our data or any Derivative Database available to others, it must continue to be licensed under the ODbL. This is often referred to as '''Share-Alike'''.
But if you would like to support the project please [http://donate.openstreetmap.org/ donate].
* If you create a '''Produced Work''', you can apply whatever terms you like to the Produced Work, but you must upon request offer recipients either a copy of your data and any Derivative Databases under the terms of the ODbL or the means of creating the Derivative Databases upon request.
* You must '''attribute''' the use of our data in both of the above cases.
 
More detail on these conditions is provided below.
==What about map tiles?==
 
==== 1.7.1. What does Share-Alike mean and what do I need to do for Produced Works? ====
If your application is going to directly serve map tiles from tile.openstreetmap.org, we ask you to observe our [http://wiki.openstreetmap.org/wiki/Tile_usage_policy tile usage policy]. You can also use your own tile server or a commercial provider ... see links on [http://wiki.openstreetmap.org/wiki/Tile_usage_policy tile usage policy page]. Map tiles in the "standard" style provided on openstreetmap.org are published on terms of an ODbL 1.0 "Produced Work" since July 1st 2020, see [https://www.openstreetmap.org/copyright https://www.openstreetmap.org/copyright] for attribution information.
If you distribute our data onwards to third parties, you must do so under the ODbL license. This means they can then in turn use that data for any purpose as well as themselves provide it onwards under the terms of the ODbL. The same applies for any Derivative Database you create.
 
However, it will '''not''' apply to any other data forming part of a Collective Database. This data you can license under any terms you like. To help work out what is a Derivative Database and what is a Collective Database, we have provided detailed guidance under our Horizontal Layers Guideline [[Horizontal_Map_Layers_-_Guideline|here]], Regional Cuts Guideline [[Regional_Cuts_-_Guideline|here]], and our Collective Database Guideline [[Collective_Database_Guideline_Guideline|here]]. We would strongly encourage you to read all of these as they provide relevant examples you may find helpful.
==Are there any special conditions or restrictions for commercial or academic use?==
 
For Produced Works, the situation is a little different. You can license a Produced work under any terms you like. However, any '''recipient''' to which you make the Produced Work available can ask for a copy of both our data and any Derivative Database you use in connection with that Produced Work. You are required to provide these if requested. If you haven’t made changes to the OSM data, you can simply refer users back to openstreetmap.org as the data source.
No. Anyone, personal, academic, government, commercial ..., has rights to use our data under equal terms. Our license says, "... These rights explicitly include commercial use, and do not exclude any field of endeavour."
 
Do you have to share changes you make to OSM data back to the community? Well, we obviously prefer it if you add the data straight back to our database, but you do not have to as long as you comply with the above. If you do contribute back, please make sure you comply with our contribution rules [[How_to_contribute|here]].
== If I have data derived from OSM data, do I HAVE to distribute it? ==
 
What if you are only using the OSM data and any Derivative Database internally? If you do not make Public Use of the data then you do not have to share anything with anybody.
No, The licence does not force you to distribute or make any data available.
 
==== 1.7.2. Attribution – What you need to do ====
== Can I charge for distributing OSM data or data derived from OSM data? ==
A lot of contributors have spent (and continue to spend) a lot of time and effort adding data from virtually every country in the world. For this reason we want the effort recognized through attribution. Additionally, we want people to know about our project so that they perhaps use or contribute data themselves.
 
Attribution is also a specific requirement of ODbL. Details on how we would like you to provide attribution can be found under our specific Attribution Guideline [[Attribution_Guidelines|here]].
Yes. You can charge any amount of money you want for any service or data you provide. However, since the data (or service) that is derived from OSM data must be licensed as above, other people may then redistribute this without payment.
 
=== 1.8. Common use cases and what you need to do ===
== Can I get permission from OpenStreetMap Foundation to distribute OSM data under an alternative licence? ==
For all of the below, it presumes no changes have been made to the OSM data. As a result, attribution is the only requirement. The below obligations can also be found in the Attribution Guideline [[Attribution_Guidelines|here]].
 
==== 1.8.1. Taking and using a screenshot of OSM in a digital publication ====
No.
Your only obligation here is attribution. You must attribute the image by placing "Map data from OpenStreetMap" or "©OpenStreetMap" on the image. Where possible, this should be hyperlinked to [http://openstreetmap.org/copyright openstreetmap.org/copyright] which provides information on OpenStreetMap’s data sources as well as the ODbL. Usually, this would be done in the bottom right corner but anywhere is deemed sufficient. If multiple static images appear on the same document, one instance of attribution is sufficient.
 
The above is not required if your image includes fewer than 100 features or is of an area less than 10,000 m<sup>2</sup>. In addition, small thumbnails/icons do not require attribution.
The Foundation is [[Licence/Contributor_Terms|contractually bound to all OpenStreetMap individual contributors]] to license the data only under a specific licence. Currently, this is ODbL 1.0. The Foundation has the right to change that licence to meet future conditions but only if is "free and open" and only under a mechanism that involves getting the consent of then active contributors.
 
==== 1.8.2. Books, magazines and printed maps ====
Copyright to individual contributions remains with the contributor and their consent can be asked directly. If you happen to use data provided solely by one or a few OSM contributors, you can ask them if they are willing to provide their data to you under a different licence.
For books, magazines and printed maps, "Map data from OpenStreetMap" or "©OpenStreetMap" with the following URL [http://openstreetmap.org/copyright openstreetmap.org/copyright] must appear where other such credits appear, being either beside the map, the footnote/endnote or in the "acknowledgements" section of the publication (often at the start of a book or magazine). The URL to openstreetmap.org/copyright must be printed out. If no such other credits exist then you must place the above in one of those locations.
 
==== 1.8.3. Displaying the OSM in a television show, film or advertisement ====
== I want to use an OSM map in my project. Can OpenStreetMap Foundation sign my release form? ==
For fictional productions or where the map is not the focus of the production, attribution may be given on the map, in end credits, or, if the video is distributed via a digital format that includes a description, within the description. Attribution should be either "Map data from OpenStreetMap" or "©OpenStreetMap". In addition, when attributing via the end credits or the description, the URL to [http://openstreetmap.org/copyright openstreetmap.org/copyright] must be included.
 
For incidental footage of a third party map that uses OSM as a source, you must not digitally alter or erase the existing attribution on that map, but you do not need to do anything further (for example, if you film a person typing on their laptop and a map is visible on their laptop screen).
Probably not. Release forms typically include several clauses that OSMF cannot agree to:
 
For productions where an OpenStreetMap map is a major component of what is shown to users, the attribution should typically appear in a corner of the map (being "Map data from OpenStreetMap" or "©OpenStreetMap"), in addition to attribution in the end credits or description. For the end credits, the URL to [http://openstreetmap.org/copyright openstreetmap.org/copyright] must also be included. As long as the credit is on screen long enough to be read, it does not have to remain in view during panning or zooming.
1) Ownership. OSMF is not the owner of the data. OSMF receives non-exclusive rights from its contributors.
 
=== 1.9. Can I charge for distributing OSM data or data derived from OSM data? ===
2) Complete waiver. OSMF cannot waive of rights of contributors other than what those contributors have granted under the Contributor Agreement and applicable open license (ODbL). If your use falls within what the ODbL (or law, such as fair use) permits, you do not need a further grant. If your use falls outside such permissions, you would need to seek permission from the contributors, not OSMF.
Yes. You can charge any amount of money you want for any service or data you provide. However, since the data (or service) that is derived from OSM data must be licensed as above, other people may then redistribute this without payment.
 
=== 1.10. Using older OpenStreetMap data ===
3) Indemnity & warranty. As a small non-profit, OSMF does not provide any indemnification or warranty.
Data contributed prior to September 2012 continues to be available from our archives under "CC-BY-SA", the [https://creativecommons.org/licenses/by-sa/2.0/ Creative Commons Attribution Share-Alike version 2.0].
 
This licence is broadly the same as the ODbL. You can use the data without payment, provided that you "Attribute" and "Share-Alike". However, the new ODbL is specifically written for databases. It offers our project more protection. Attribution is more practical. It is a lot clearer on when "Share-Alike" is triggered. It also allows you to make maps with layers from different data with incompatible licences. In short, we want even more people to use our data and the ODbL is better suited to this goal.
If you have a release form that does not contain any of these clauses, you may submit it for our review at legal-questions@osmfoundation.org
Please note our reviewers are volunteers and may not be able to respond immediately. Based on our past experience, in many instances where entities are seeking release forms, the entities intend to use an OSM map in a way that is already permitted under ODbL, provided that attribution is properly given. In such cases a release would not be necessary. Please review the Community Guidelines and Attribution requirements to see if your use would qualify.
 
=== 1.11. Can I get permission from OpenStreetMap Foundation to distribute OSM data under an alternative licence? ===
== What do you mean by "Attribution"? ==
No. The Foundation is contractually bound to all OpenStreetMap individual contributors to license the data only under a specific licence. Currently, this is ODbL 1.0. While in the future the Foundation may request a vote of the entire active contributorship to change the licence of OSM to a different "free and open" licence, this would be a complete change to the licence of OSM. An individual waiver or alternative licence is not possible.
 
Copyright to individual contributions remains with the contributor and their consent can be asked directly. If you happen to use data provided solely by one or a few OSM contributors, you can ask them if they are willing to provide their data to you under a different licence.
We want you to '''attribute''' OpenStreetMap, i.e. you show users and viewers of whatever you do with our data clearly where you got the data from. A lot of contributors have spent and spend a lot of time and effort adding data from virtually every country in the world. We would also like people to know about our project and perhaps use or contribute data themselves.
 
=== 1.12. I want to use an OSM map in my project. Can the OpenStreetMap Foundation sign my release form? ===
== How should I attribute you? ==
Probably not. Release forms typically include several clauses that OSMF cannot agree to:
 
# Ownership. OSMF is not the copyright owner (although OSMF will be the database rights holder). OSMF receives non-exclusive rights from its contributors.
<div class="osmf-box-primary" style="margin-top: 1em;"><b>Our requested attribution is "© OpenStreetMap contributors".</b><br/>You must make it clear that the data is available under the Open Database Licence. This can be achieved by providing a "License" or "Terms" link which links to www.openstreetmap.org/copyright or www.opendatacommons.org/licenses/odbl.</div>
# Complete waiver. OSMF cannot waive of rights of contributors other than what those contributors have granted under the Contributor Agreement and applicable open license (ODbL). If your use falls within what the ODbL (or law, such as fair use) permits, you do not need a further grant. If your use falls outside such permissions, you would need to seek permission from the contributors, not OSMF.
# Indemnity & warranty. As a small non-profit, OSMF does not provide any indemnification or warranty.
 
If you have a release form that does not contain any of these clauses, you may submit it for our review at [mailto:legal-questions@osmfoundation.org legal-questions@osmfoundation.org]. Please note our reviewers are volunteers and may not be able to respond immediately. Based on our past experience, in many instances where entities are seeking release forms, the entities intend to use an OSM map in a way that is already permitted under ODbL, provided that attribution is properly given. In such cases a release would not be necessary. Please review the Community Guidelines [[Community_Guidelines|here]] and specifically the attribution requirements [[Attribution_Guidelines|here]] to see if your use would qualify.
We ask that you hyperlink the attribution to www.openstreetmap.org where possible. Because OpenStreetMap ''is'' its contributors, you may omit the word "contributors" if space is limited.
 
== 2. CONTRIBUTING DATA TO OpenStreetMap ==
You may optionally qualify the credit to explain what OSM content you are using. For example, if you have rendered OSM data to your own design, you may wish to use "Map data © OpenStreetMap contributors".
The above rules deal with mainly the rules around using the OSM data. This next section provides guidance on how you can contribute to our project.
 
=== 2.1. I would like to import data into the OSM map, can I just go ahead? ===
=== Where to put it? ===
There are strict rules about what can and cannot be imported into the OSM map and these rules depend upon the source of ownership and license terms relating to such data. In all cases, any data you contribute should improve the OSM map and not degrade it (just because you can contribute it doesn’t necessarily mean you should!). You need to consult with the OpenStreetMap community on this. [[Import|See the Import Wiki]].
 
The relevant sources are as follows:
This credit needs to appear in a place that is reasonable to the medium or means you are utilising. In other words, you should expect to credit OpenStreetMap in the same way and with the same prominence as would be expected by any other map supplier. Therefore:
 
* '''Data that you own the intellectual property in'''. This likely applies if you have collected the data yourself or if you have paid someone to collect it for you (but in this second case you will need to check the terms of your agreement with them).
* For a '''printed map''', the credit should appear beside the map if that is where other such credits appear, and/or in the "acknowledgements" section of the publication (often at the start of a book or magazine).
* '''Data where the intellectual property rights are owned by someone else'''. In this case you have probably received the data under a license from that company or person.
* '''Open Data subject to licenses other than the ODbL'''. This is data that has been made available under open license terms other than the ODbL. These may range from "permissive" licenses which allow for completely unrestricted use of the data to Share-Alike licenses like the ODbL which have specific terms attached. For example, government bodies may make data available under various Creative Commons licenses.
* '''Other data which is subject to the ODbL'''.
 
==== 2.1.1. Can I import data that I own the Intellectual Property in? ====
* For a '''browsable electronic map''' (e.g. embedded in a web page or mobile phone application), the credit should typically appear in the corner of the map, as commonly seen with map APIs/libraries such as Google Maps.
Yes. However, be aware that once you do so this data can then be made
available freely under the ODbL terms and, where to the extent received by a
user under ODbL terms, you will not be able to charge or place any other
license controls over it.
 
==== 2.1.2. Can I import data where the intellectual property rights are owned by someone else? ====
* For a '''tv, film or video production''', the attribution should typically appear in a corner of the map. As long as the credit is on screen long enough to be read, it does not have to remain in view during panning or zooming. For productions with end credits, we would also welcome a credit there.
No, not unless you have a specific waiver and their agreement that it will be
licensed under the ODbL.
 
==== 2.1.3. Can I import open data that is subject to licenses other than the ODbL? ====
* As an '''electronic database or collection of databases, file, CD''', Place the text in the file itself or in an extra file.
This is a complex question. The licence applied to the dataset needs to be compatible with the ODBL or otherwise you have informed the licence ownerand obtained their consent. Guidance on what licenses are considered compatible can be found [[Licence_Compatibility|here]]. Please note that if you import incompatible data, the relevant data will be removed from our map.
 
==== 2.1.4. Can I import other data which is also subject to the ODbL? ====
* A '''video or computer game''' - on the credits page or in the game view.
Yes. [[Import/Guidelines|See the Import Guidelines for non-licence considerations]].
 
==== 2.1.5. Can I copy data from Google? ====
* If you are producing library code that offers OpenStreetMap data or tiles, you should make sure library users are aware of these terms. We strongly recommend that you display this credit by default when your library is used.
'''No!''' There are no services provided by Google that have terms of service or licenses that allow them to be used. Further Google services are not a reliable source of geographic data, they are vehicles for transporting advertising and gathering behavioural data and tend to be biased in many ways.
 
Do not forget that OpenStreetMap is not a project to explore legal grey areas of copyright and contract law, it is a global project to provide free to use, open and legally untainted geodata. Please do not endanger it by trying to take shortcuts.
== What do you mean by Share-Alike?==
 
==== 2.1.6. Import Guidelines ====
If you publicly use any adapted version of our database, or a partial extraction from it, or works (such as maps) produced from an adapted database, you must also offer that adapted database under the ODbL.
Where it is allowed to contribute data, the OpenStreetMap Community provides further guidelines on how to do the import here: [[Import/Guidelines|Import Guideline]]
 
== 3. WHAT SHOULD I DO IF I BELIEVE OPENSTREETMAP IS INFRINGING MY COPYRIGHT? ==
In other words, if you improve our data and then distribute it, you need to share your improvements with the general public at no charge. A painless way to do that is to contribute your improvements directly back to OpenStreetMap.
OpenStreetMap contributors are asked never to add data from any copyrighted sources (e.g. Google Maps or printed maps) without explicit permission from the copyright holders.
 
If you believe that your copyrighted material has been inappropriately added to the OpenStreetMap database or this site, please refer to [[Takedown_procedure|our takedown procedure]] or file a complaint directly at [https://dmca.openstreetmap.org/ our on-line filing page].
Share-Alike only applies if you distribute what you have done to outside people or organisations. You can do what you like at home, or in your school, organisation or company ... the following section does not apply to you.
 
== 4. CAN I USE OSM DATA AND OPENSTREETMAP-DERIVED MAPS TO VERIFY MY OWN DATA WITHOUT TRIGGERING SHARE-ALIKE? ==
===What exactly do I need to share?===
Yes, provided that you are only comparing and do not copy any OpenStreetMap data. If you make any changes to your data after making the comparison, you should be able to reasonably demonstrate that any such change was made either from your own physical observation or comes from a non-OpenStreetMap source accessed directly by you. I.e you can compare but not take!
 
* Example 1: You notice that a street is called one name on your map and another in OpenStreetMap. You should visit the street and check the name, then you are free to put that name in your data as it is your own observation.
ODbL draws a distinction between data, (geodata), and works produced from the data, (maps). You are probably distributing data if you are involved in searching, routing, geocoding. You are probably distributing maps if you print paper maps, have a website with map tiles, or are displaying a map as part of a larger work such as a television show, film, advertisement or book. Sometimes, you may be doing both, for example games production, such as a flight simulator, may involve producing a 3D world and using geodata directly to generate a list of destinations.
* Example 2: You notice that a boundary is different in your data and OpenStreetMap. You should check back to original authoritative sources and make any correction required.
 
In brief summary:
 
* If you correct or extend our data, you need to share your new data.
 
* If you make a map from our data, you may publish the map itself under any license you like, including commercial. You DO however, have to share the underlying data, including anything that you have added, except that ...
 
* You may also add separate and distinct layers to your map made from other sources of data. This data does not have to be shared, provided there is no interaction with the OpenStreetMap derived layer. For example, you cannot have a layer of restaurant icons that only appear if the same restaurant is not in OpenStreetMap!
 
In more detail:
 
If you are distributing geodata derived wholly or in part from OpenStreetMap, you need to do that under the ODbL.
 
* If you enhance OpenStreetMap data with other data, for example adding missing roads or adding more restaurants, then Share-Alike applies to the whole thing. This is generally known as a "Derived Database".
 
* If you publish a set of OSM data as a file or database, with other separate files or databases, this is generally known as a "Collective Database". The ODbL clearly states that Share-Alike does not apply to the other parts of a Collective Database.
 
If you make a map from OpenStreetMap geodata and publish it, you may publish the map under any license you like. In ODbL parlance, this is known as a "Produced Work".
 
* If the map is in a larger work, like a book or a TV program or a website or an advertisement, that larger work can be under any license you like. Share-Alike does not apply to the larger work. We, for example, use CC-BY-SA, but that is our voluntary choice.
 
* However, if you have added to or enhanced our data in order to make the map, you must make those additions publicly available without charge. Also, anyone can extract the original data from the map, (such as latitude and longitudes, names of streets and places), without paying you or asking your permission.
 
* You can however, put separate and distinct data layers on top of your map, such as icons showing specialists points of interest, routes, track logs, shaded areas, contours and the like, then Share-Alike does not apply to these elements as long as they do not interact with the map underneath.
 
===Can I use OSM data and OpenStreetMap-derived maps to verify my own data without triggering share-alike?===
 
Yes, provided that you are only comparing and do not copy any OpenStreetMap data. If you make any changes to your data after making the comparison, you should be able to reasonably demonstrate that any such change was made either from your own physical observation or comes from a non-OpenStreetMap source accessed directly by you. I.e you can compare but not take!
 
* Example 1: You notice that a street is called one name on your map and another in OpenStreetMap. You should visit the street and check the name, then you are free to put that name in your data as it is your own observation.
 
* Example 2: You notice that a boundary is different in your data and OpenStreetMap. You should check back to original authoritative sources and make any correction required.
 
==I would like to import data XYZ, can I just go ahead?==
 
No.
 
* The licence of XYZ dataset needs to be compatible with our ODBL 1.0 license and/or you have informed the licence owner and obtained their consent.
* Also note that if XYZ's licence is incompatible with future OSM distribution licences the relevant data will be removed.
* You need to consult with the OpenStreetMap community as to whether the data is relevant and can be imported in a manner that improves rather than degrades our map. See our OpenStreetMap Community [http://wiki.openstreetmap.org/wiki/Import/Guidelines Import Guideline]
 
==Can third-party ODbL-licensed data be imported?==
 
Yes, in principle it can.
 
Whether it should be is another matter, see "I would like to import data XYZ, can I just go ahead?".
 
As with any other data import, if the licence is incompatible with future distribution licences the relevant data will be removed. This should always be a factor in deciding whether a particular import is worthwhile.
 
==Can I copy from google or other similar sources?==
 
No.
 
Only sources for which we have explicit permission (for example global aerial imagery provided by bing and Mapbox) or which is out of copyright (often difficult to determine) or has licence terms that are compatible with our distribution licence may be used.
 
Specifically there are no services provided by google that have terms of service or licences that allow them to be used. Further google services are not a reliable source of geographic data, they are vehicles for transporting advertising and gathering behavioural data and tend to be biased in many ways.
 
Do not forget that OpenStreetMap is not a project to explore legal grey areas of copyright and contract law, it is a global project to provide free to use, open and legally untainted geo data. Please do not endanger it by trying to take shortcuts.
 
==What should my lawyer look at?==
 
If you are a potential end user and need to do a legal review before using OpenStreetMap data, here is what we suggest your lawyer or legal department look at:
 
* The [http://www.opendatacommons.org/licenses/odbl/ Open Database License, "ODbL" 1.0]
 
* The OpenStreetMap [[Licence/Contributor_Terms|Contributor Terms]]. This acts as the Contents license referred to by ODbL. Note that we have endeavoured to design our licensing system to use just the ODbL license as a "one stop shop" regarding the rights and obligations of end users. It is not our intent for any Contents license to restrict rights further nor to add extra obligations.
 
* [[Licence/Community Guidelines|Community Guidelines]] These analyse specific legal terms and generic language in the ODbL specifically as it regards our geodata and how it used. For example, what does the EU Database Directive term "Substantial" extraction mean in practical terms. They carry no formal legal weight but do present what the OpenStreetMap community, and therefore the OSM Foundation as publisher, feels to be reasonable and acceptable.
 
==Can I ask the OSMF questions about the licence?==
 
== 5. CAN I ASK THE OSMF QUESTIONS ABOUT THE LICENCE? ==
Yes. Within the limits of a purely volunteer run organisation we will try to provide you with an answer. Please however consider that:
 
* weWe cannot provide you with legal advice, you need to ask your counsel for that,.
* weWe are contractually bound to distribute OSM data under a specific set of licences (currently the ODbL 1.0) and cannot make exceptions,.
* asAs with most licences, the ODbL has certain grey areas, particularly when applied to OSM geo-data. We are producingproduced a set of [[Licence/Community Guidelines|Community_Guidelines]] here that try to clarify certain issues. However, howeverthese we areGuidelines fardo fromnot coveringcover all possible use cases.
* We are staffed entirely by volunteers and may not be able to respond to you quickly.
 
Please direct all such questions to [mailto:legal-questions@osmfoundation.org legal-questions@osmfoundation.org]
 
== 6. WHAT SHOULD MY LAWYER LOOK AT? ==
== Background information on the ODBL and the process that led to its adoption ==
If you are a potential end user and need to do a legal review before using OpenStreetMap data, here is what we suggest your lawyer or legal department look at:
 
* The [httphttps://www.opendatacommons.org/licenses/odbl/ Open Database License, "ODbL" 1.0], is an Attribution and Share-Alike license for Data/Databases. It was developed by [http://www.opendatacommons.org Open Data Commons] with input from OpenStreetMap.
* The OpenStreetMap [[Contributor_Terms|Contributor Terms]]. This acts as the Contents license referred to by ODbL. Note that we have endeavoured to design our licensing system to use just the ODbL license as a "one stop shop" regarding the rights and obligations of end users. It is not our intent for any Contents license to restrict rights further nor to add extra obligations.
* [[Community_Guidelines|Community Guidelines]]. These analyse specific legal terms and generic language in the ODbL specifically as it regards our geodata and how it used. For example, what does the EU Database Directive term "Substantial" extraction mean in practical terms. They carry no formal legal weight but do present what the OpenStreetMap community, and therefore the OSM Foundation as publisher, feels to be reasonable and acceptable.
 
== 7. OTHER IMPORTANT LEGAL INFORMATION ==
It offers clearer protection for OpenStreetMap and better clarity to end users. OpenStreetMap data is offered freely for any use under Attribution and Share Alike terms.
The code for OSM is open source at [https://github.com/openstreetmap https://github.com/openstreetmap].
 
OSM’s [https://wiki.openstreetmap.org/wiki/Main_Page wiki] and the text on the website are under CC-BY-SA.
Detailed information about the new license and why it was changed:
 
Our [Trademark_Policy|Trademark Policy] governs use of our OpenStreetMap, State of the Map, and logo marks.
* [[Licence/About_The_License_Change|About The License Change]]
* [[Licence/Historic/We_Are_Changing_The_License|We Are Changing The License]] this page summarises the change for OpenStreetMap contributors.
* [[osm:Open Data License|the OpenStreetMap community's general wiki pages]]
 
Since July 1, 2020, The OSM "standard style" map that you see at openstreetmap is a "Produced Work" under ODbL. (Previously, the map tiles were licensed under CC-BY-SA, see [https://blog.openstreetmap.org/2020/06/25/new-licence-for-the-standard-style-tiles-from-openstreetmap-org/ this blog post] for details on the change). This means that if you are taking a screenshot from openstreetmap.org, you must attribute the image to OpenStreetMap, but you do not have Share-Alike obligations unless you try to extract the data. See the [[Attribution_Guidelines|Attribution Guidelines]].
== More information about CC-BY-SA ==
 
The OpenStreetMap Foundation is a UK-registered entity. You can find more information at osmfoundation.org at [https://wiki.osmfoundation.org/wiki/Main_Page https://wiki.osmfoundation.org/wiki/Main_Page].
* [http://wiki.openstreetmap.org/wiki/Common_licence_interpretations Interpretations by the OpenStreetMap community]
 
== 8. BACKGROUND INFORMATION ON THE ODBL AND THE PROCESS THAT LED TO ITS ADOPTION ==
==You are infringing my copyright==
The [https://opendatacommons.org/licenses/odbl/ Open Database License, "ODbL" 1.0], is an Attribution and Share-Alike license for Data/Databases. It was developed by [https://opendatacommons.org/ Open Data Commons] with input from OpenStreetMap.
 
OpenStreetMap contributors are asked never to add data from any copyrighted sources (e.g. Google Maps or printed maps) without explicit permission from the copyright holders.
 
It offers clearer protection for OpenStreetMap and better clarity to end users. OpenStreetMap data is offered freely for any use under Attribution and Share Alike terms.
If you believe that your copyrighted material has been inappropriately added to the OpenStreetMap database or this site, please refer to [[License/Takedown_procedure|our takedown procedure]] or file directly at [http://dmca.openstreetmap.org/ our on-line filing page].
 
Detailed information about why the licence was changed and the process that took place to implement the change:
==Licence vs. License==
 
* [[Licence/About_The_Licence_Change|About The License Change]]
The OpenStreetMap project was founded in the UK and uses British English in which "licence" is the noun and "license" is the verb. Most links on this site should work with the American English noun "license", but there are likely a small number that will only work with one or the other.
* [[Licence/Historic/We_Are_Changing_The_License|We Are Changing The License]]: this page summarises the change for OpenStreetMap contributors.
* [https://wiki.openstreetmap.org/wiki/Main_Page The OpenStreetMap community's general wiki pages]
KathleenLu
14

edits

Retrieved from "https://osmfoundation.org/wiki/Special:MobileDiff/10009"