OpenStreetMap: reviewing licensing agreements and Russian legislation
In the last article, we talked about the reasons for the transfer of 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 legislation regarding the protection of copyright.
Open Database License (ODbL)
ODbL is a license agreement intended for the free exchange, modification and use of a database. ODbL in the license provides these provisions for users in exchange for access to this database.
It should be noted separately that ODbL in accordance with paragraph 2.3. does not apply to:
• computer programs used in the creation or operation of databases;
• patents for content or databases;
• on trademarks linked to the database.
ODbL grants the right only with respect to the use of the database, and in no way with respect to other objects of copyright contained in the database, which is directly indicated in Section 2.4. ODbL .
Database Contents License (DbCL)
DbCL is a license agreement for the use of database content. So in accordance with paragraph 2.1. DbCL user worldwide is granted a free, non-exclusive, perpetual, irrevocable license to perform any actions with the contents of the database. This license is limited by copyright to all materials that may be protected as objects of copyright.
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OpenStreetMap regulates intellectual property rights to any content that a user chooses to provide to the database as part of their account.
In accordance with sections 3 and 4 of OpenStreetMap , the user sends a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to perform any action with content that is limited to copyrights, database rights, or any related rights, regardless of whether it is in the original form or any other. These rights clearly include commercial use and do not exclude any sphere of use. These rights also include, without limitation, the right to relicense the work of sublicensees of several levels, as well as to sue in case of any copyright infringement directly related to the rights under this license. To the extent permitted under applicable local copyright laws and conventions, the user also refuses and / or agrees not to use any rights against OpenStreetMap or its licensees that the user may have on the content.
The added content should not violate 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 the content under the current license. OpenStreetMap is not required to include added content and may remove added content at any time.
As applied to the 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 loading the content into this database will obey the legislation of the Russian Federation, this license will not be valid , as there is no indication of gratuitousness of the right to use the database data, as well as content that, by virtue of article 1236 of the Civil Code does not concluded such a treaty, and therefore the rights to use the content placed in the base does not occur at the base of the holder Dunn x, as well as 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 authorize the use of the work under his own name, under an assumed name (pseudonym) or without a name, that is, anonymously. These rights in accordance with clause 2 of Article 1228 of the Civil Code of the Russian Federation and Article 1265 of the Civil Code of the Russian Federation are inalienable and non-transferable, including when transferring to another person or transferring to it the exclusive right to work and giving another person the right to use the work. You cannot 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.
Separately, I would like to consider the use of content (photos) in the database, and with respect to such a novel of Russian legislation as the right to the inviolability of the work.
According to Art. 1255 of the Civil Code of the Russian Federation, copyright includes the right to the inviolability of a work .
Under the inviolability of the work, article 1266 of the Civil Code of the Russian Federation means making changes, reductions and additions to the work, supplying the work with illustrations, prefaces, epilogues, comments, or any explanations without the author’s consent .
Due to the fact that OpenStreetMap, Database Contents License (DbCL) and Open Database License (ODbL) did not resolve this issue, using the content in the database (if the content is modified without the consent of the copyright holder, or even the content will be comments), the database owner bears the risk, and can be recognized as an infringer of the right to the integrity of the work.
We will be happy to answer your questions!
Open Database License (ODbL)
ODbL is a license agreement intended for the free exchange, modification and use of a database. ODbL in the license provides these provisions for users in exchange for access to this database.
It should be noted separately that ODbL in accordance with paragraph 2.3. does not apply to:
• computer programs used in the creation or operation of databases;
• patents for content or databases;
• on trademarks linked to the database.
ODbL grants the right only with respect to the use of the database, and in no way with respect to other objects of copyright contained in the database, which is directly indicated in Section 2.4. ODbL .
Database Contents License (DbCL)
DbCL is a license agreement for the use of database content. So in accordance with paragraph 2.1. DbCL user worldwide is granted a free, non-exclusive, perpetual, irrevocable license to perform any actions with the contents of the database. This license is limited by copyright to all materials that may be protected as objects of copyright.
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Openstreetmap
OpenStreetMap regulates intellectual property rights to any content that a user chooses to provide to the database as part of their account.
In accordance with sections 3 and 4 of OpenStreetMap , the user sends a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to perform any action with content that is limited to copyrights, database rights, or any related rights, regardless of whether it is in the original form or any other. These rights clearly include commercial use and do not exclude any sphere of use. These rights also include, without limitation, the right to relicense the work of sublicensees of several levels, as well as to sue in case of any copyright infringement directly related to the rights under this license. To the extent permitted under applicable local copyright laws and conventions, the user also refuses and / or agrees not to use any rights against OpenStreetMap or its licensees that the user may have on the content.
The added content should not violate 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 the content under the current license. OpenStreetMap is not required to include added content and may remove added content at any time.
Russian legislation
As applied to the 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 loading the content into this database will obey the legislation of the Russian Federation, this license will not be valid , as there is no indication of gratuitousness of the right to use the database data, as well as content that, by virtue of article 1236 of the Civil Code does not concluded such a treaty, and therefore the rights to use the content placed in the base does not occur at the base of the holder Dunn x, as well as 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 authorize the use of the work under his own name, under an assumed name (pseudonym) or without a name, that is, anonymously. These rights in accordance with clause 2 of Article 1228 of the Civil Code of the Russian Federation and Article 1265 of the Civil Code of the Russian Federation are inalienable and non-transferable, including when transferring to another person or transferring to it the exclusive right to work and giving another person the right to use the work. You cannot 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.
Separately, I would like to consider the use of content (photos) in the database, and with respect to such a novel of Russian legislation as the right to the inviolability of the work.
According to Art. 1255 of the Civil Code of the Russian Federation, copyright includes the right to the inviolability of a work .
Under the inviolability of the work, article 1266 of the Civil Code of the Russian Federation means making changes, reductions and additions to the work, supplying the work with illustrations, prefaces, epilogues, comments, or any explanations without the author’s consent .
Due to the fact that OpenStreetMap, Database Contents License (DbCL) and Open Database License (ODbL) did not resolve this issue, using the content in the database (if the content is modified without the consent of the copyright holder, or even the content will be comments), the database owner bears the risk, and can be recognized as an infringer of the right to the integrity of the work.
We will be happy to answer your questions!
Source: https://habr.com/ru/post/142707/
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