OpenStreetMap: analysis of license agreements and Russian legislation

    In a previous article, we talked about the reasons for upgrading OpenStreetMap from the existing Creative Commons CC-BY-SA 2.0 license to the Open Database License (ODbL) and Database Contents License (DbCL) . Now let’s take a closer look at each license and the specifics of Russian law in relation to copyright protection.


    Open Database License (ODbL)
    ODbL is a licensing agreement designed for the free exchange, modification and use of the database. The ODbL in the license provides these provisions for users in exchange for access to this database.
    It should be noted separately that ODbL is in accordance with clause 2.3. does not apply to:
    • computer programs used in the creation or operation of databases;
    • patents for content or databases;
    • trademarks linked to the database.
    ODbL grants the right only in relation to the use of the database, but not in relation to other copyright objects contained in the database, as directly stated in clause 2.4. ODbL .

    Database Contents License (DbCL)
    DbCL is the license agreement for the use of database content. So in accordance with paragraph 2.1. DbCL user all over the world is granted a free, non-exclusive, perpetual, irrevocable license to carry out any actions with the contents of the database. This license is limited by copyright to all materials that may be protected as copyright objects.

    Openstreetmap


    OpenStreetMap regulates the intellectual property rights to any content that the user has decided to provide to the database as part of his account.

    In accordance with sections 3 and 4 of OpenStreetMap, the user transfers a worldwide, gratuitous, non-exclusive, perpetual, irrevocable license to perform any action with content that is limited by copyright, database rights or any related rights, regardless of whether it is in its original form or any other. These rights explicitly include commercial use and do not exclude any scope of use. Also, these rights include, without limitation, the right to relicense work to sub-licensees of several levels, as well as to sue in case of any copyright violation directly related to the rights under this license. To the extent permitted by applicable local copyright laws and conventions, the user also refuses and / or agrees not to use any rights against OpenStreetMap or its licensees,

    The added content should not infringe on the copyright of someone else. When adding content, the user guarantees that he has the right to add content and has the right to allow OpenStreetMap to use and distribute content under a valid license. OpenStreetMap is not required to include the added content and may delete the added content at any time.

    Russian legislation


    With regard to Russian legislation, I would like to note that any use of objects of copyright and related rights in the territory of the Russian Federation is determined by the current legislation of the Russian Federation. This means that in the case when the person using the database, as well as the user uploading content to this database will comply with the legislation of the Russian Federation, this license will not be valid , since it does not indicate that the right to use the database is free of charge data, as well as content, which by virtue of Article 1236 of the Civil Code of the Russian Federation makes such an agreement non-concluded, and that means that the right to use the content in the database does not arise for the database holder, as well as for other users using the database.

    Regarding the use of copyright objects, I would also like to note that the author of the work retains the right of authorship - the right to be recognized as the author of the work and the right of the author to the name - the right to use or permit the use of the work under his own name, under an assumed name (pseudonym) or without indicating a name, that is anonymous. These rights in accordance with paragraph 2 of Article 1228 of the Civil Code of the Russian Federation and Article 1265The Civil Code of the Russian Federation is inalienable and non-transferable, including when transferring to another person or transferring to him an exclusive right to a work and when granting another person the right to use the work. It is impossible to refuse these rights. You can also add that in accordance with paragraph 2 of Art. 1228 and article 1265 authorship, the name of the author of the work is protected indefinitely.

    I would like to separately consider the use of content (photos) in the database, and regarding such a novelty of Russian legislation as the right to inviolability of a work.

    According to Art. 1255 of the Civil Code of the Russian Federation, the right to inviolability of a work belongs to copyright.
    By the inviolability of a work, article 1266 of the Civil Code of the Russian Federation means the introduction of changes, abbreviations and additions to the work, the supply of the work when using it with illustrations, a preface, an afterword, commentary or any explanation without the consent of the author .

    Due to the fact that the OpenStreetMap, Database Contents License (DbCL) and Open Database License (ODbL) did not resolve this issue, then using the content in the database (in case the content is modified without the consent of the copyright holder, or even the content will simply comments), the owner of the database bears risks, and may be recognized as a violator of the right to inviolability of the work.

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