OpenStreetMap: Three New Governing Licensing 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 announced that from April 2012 it is switching 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 related to the fact that Creative Commons CC-BY-SA 2.0 could not fully meet 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.

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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 the photo. In this case, we have the right to the database itself, both for the selection of materials and the copyright for the photos themselves, which are placed in this database.



According to the developer, the new license consists of three parts: an open database license ( Open Database License (ODbL) along with a database content license (DbCL) and covers the databases themselves and their contents, and the set of updated OpenStreetMap Contributor Terms covers any changes to the database, in other words, ODbL is a license specifically for using the OpenStreetMap database and content is the Database Contents License (DbCL) and OpenStreetMap Contributor Terms .



As applied to the Russian legislation, I would like to note that any use of objects 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 of the Russian Federation and the Federal Law " On Copyright and Related Rights ". So in particular, when using objects of copyright, the author of the work retains the right of authorship (sorry for the tautology) - the right to be recognized as the author of the work. There is also the right of the author to the name - the right to use or allow the use of the work under his own name, under an assumed name (pseudonym) or without indicating the name, that is, anonymously.



These rights in accordance with paragraph 2. 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.



The OpenStreetMap in Section 4 of the OpenStreetMap Contributor Terms tries to resolve the issue of using works posted by users, however, unfortunately, from this paragraph it follows that the user only has the right to indicate his authorship, which accordingly does not remove responsibility from the person using the content placed in OpenStreetMap in case the last will not be the author of the content.



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