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Licence/Licence and Legal FAQ: Difference between revisions
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=== 1.4. Is attribution required? ===
'''Yes!''' Please see our [[Licence/Attribution_Guidelines|Attribution Guideline]] here. Within the guideline, guidance is provided on the following common use cases:
* [[Licence/Attribution_Guidelines#Databases|Databases]]
* [[Licence/Attribution_Guidelines#Interactive_maps|Interactive maps]]
* [[Licence/Attribution_Guidelines#Static_images|Static images]]
* [[Licence/Attribution_Guidelines#Geocoding_(search)|Geocoding (search)]]
* [[Licence/Attribution_Guidelines#Routing_engines|Routing engines]]
* [[Licence/Attribution_Guidelines#Machine_learning_models|Machine learning models]]
* [[Licence/Attribution_Guidelines#Books,_magazines,_and_printed_maps|Books, magazines, and printed maps]]
* [[Licence/Attribution_Guidelines#Artwork,_household_goods,_and_clothing|Artwork, household goods, and clothing]]
* [[Licence/Attribution_Guidelines#TV,_film,_or_video_productions|TV, film, or video productions]]
* [[Licence/Attribution_Guidelines#Computer_games_and_simulations|Computer games and simulations]]
=== 1.5. Is OSM Data Free to Use? ===
: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 [[Licence/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.
: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 [[Licence/Community_Guidelines|here]]. We recommend you read through these Guidelines and the examples contained in them.
With the above core concepts explained, what are the key conditions you need to be aware of? Well, they are:
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 [[Licence/Community_Guidelines/Horizontal_Map_Layers_-_Guideline|here]], Regional Cuts Guideline [[Licence/Community_Guidelines/Regional_Cuts_-_Guideline|here]], and our Collective Database Guideline [[Licence/Community_Guidelines/Collective_Database_Guideline_Guideline|here]]. We would strongly encourage you to read all of these as they provide relevant examples you may find helpful.
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.
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 [[Licence/Attribution_Guidelines|here]].
=== 1.8. Common use cases and what you need to do ===
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 [[Licence/Attribution_Guidelines|here]].
==== 1.8.1. Taking and using a screenshot of OSM in a digital publication ====
# 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 [[Licence/Community_Guidelines|here]] and specifically the attribution requirements [[Licence/Attribution_Guidelines|here]] to see if your use would qualify.
== 2. CONTRIBUTING DATA TO OpenStreetMap ==
=== 2.1. I would like to import data into the OSM map, can I just go ahead? ===
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. [[https://wiki.openstreetmap.org/wiki/Import|See the Import Wiki]].
The relevant sources are as follows:
==== 2.1.3. Can I import open data that is subject to licenses other than the ODbL? ====
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
==== 2.1.4. Can I import other data which is also subject to the ODbL? ====
Yes. [[wiki.openstreetmap.org/wiki/Import/Guidelines|See the Import Guidelines for non-licence considerations]].
==== 2.1.5. Can I copy data from Google? ====
* The [https://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.
== 7. OTHER IMPORTANT LEGAL INFORMATION ==
Our [Trademark_Policy|Trademark Policy] governs use of our OpenStreetMap, State of the Map, and logo marks.
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 [[Licence/Attribution_Guidelines|Attribution Guidelines]].
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].
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