OpenStreetMap: Three New Governing License Agreements


    TarzanASG asked me to analyze the three new OSM governing license agreements (CT, ODbL and DbCL) and describe how they relate to the impossibility of alienating the right to a name.

    As everyone knows, OpenStreetMap has stated that in April 2012 it will switch from the existing Creative Commons CC-BY-SA 2.0 license to the Open Database License (ODbL) and Database Contents License (DbCL) .

    The reasons for this transition are primarily due to the fact that Creative Commons CC-BY-SA 2.0 could not fully satisfy the needs for creating and distributing OpenStreetMap, since Creative Commons CC-BY-SA 2.0 was a single license for any materials (data and information) hosted on OpenStreetMap.

    Why did this separation happen?



    This is due to the fact that the database and the contents of the database may have different rights . As an example, consider the database in a photograph. In this case, we have the right to the database itself, both to the selection of materials, and copyrights to the photographs themselves, which are placed in this database.

    According to the developer, the new license consists of three parts: an open database license (ODbL) together with a database content license ( Database Contents License (DbCL) and covers the databases themselves and their contents, and a set of updated OpenStreetMap Contributor Terms covers any changes to the database, in other words, ODbLit’s a license to use the OpenStreetMap database, and the content goes to the Database Contents License (DbCL) and the OpenStreetMap Contributor Terms .

    With regard to Russian legislation, I would like to note that any use of copyright and related rights in the Russian Federation is determined by the current legislation of the Russian Federation: the fourth part of the Civil Code and Federal Law “ On Copyright and Related Rights". In particular, when using copyright objects, the author of the work retains the copyright (sorry for the tautology) - the right to be recognized as the author of the work. There is also the author’s right to a name - the right to use or authorize the use of a work under his own name, under an assumed name (pseudonym) or without indicating a name, that is, anonymously.

    These rights in accordance with paragraph 2. of Art. 1228 of the Civil Code of the Russian Federation and Art. 1265 of the Civil Code of the Russian Federation is inalienable and non-transferable, that is, the person who created the work is its author indefinitely, including after death, although the right to use may belong to another person.

    OpenStreetMap inSection 4 of the OpenStreetMap Contributor Terms tries to resolve the issue of using the works posted by users, however, unfortunately, from this paragraph it follows that the user is only entitled to indicate his authorship, which accordingly does not relieve the person using the content posted in OpenStreetMap if the latter does not the author of the content will be indicated.

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