Best practices for licensing open data
Depending on the way the data will be added to OSM, we share some best practices on licensing here. If you're not sure how the data will be added head here for some sample datasets and how they were handled (imported or traced over).
Data intended for import
Government open data released under public domain or CC0 license can without problems be integrated and used in OpenStreetMap. Open Government Licenses (OGL) have tried to accommodate the specific needs of government releasing data:
A special OSM waiver allows attribution to the datasource with a list of references on a webpage (as alternative to what would be required with the CC-BY license)
🇬🇧 🇨🇦 Open Government Licenses (OGL) explicitly allow modifications (instead of CC-SA), the original OGL Canada and UK are the most advanced examples. OGL UK specifically notes its compatibility with OSM and that attribution can be in the form of a link on a webpage.
Any modified versions of OGL must be checked individually to confirm that the modifications don’t cause conflict with OSM use.
🇺🇸 In the U.S. copyright law provides very limited protection on data and all federal government data is by default public domain.
🇪🇺 European Union members are recommended to reference Commission Notice 2014/C – 240/01: Guidelines on recommended standard licences, datasets and charging for the reuse of documents, which states:
2. GUIDELINES ON RECOMMENDED STANDARD LICENCES
2.2. Open licences
...Of these, the CC0 public domain dedication (7) is of particular interest. As a legal tool that allows waiving copyright and database rights on PSI, it ensures full flexibility for re-users and reduces the complications associated with handling numerous licences, with possibly conflicting provisions. If the CC0 public domain dedication cannot be used, public sector bodies are encouraged to use open standard licences appropriate to a member state’s own national intellectual property and contract law and that comply with the recommended licensing provisions set out below. In the light of the said recommendations, consideration should also be given to the possibility of developing a suitable national open licence.
I’m not in Europe, US, UK or Canada. What does that mean for me?
Your open data for import into OSM would best be released under public domain or CC0 license.
A government representative provides an explicit permission for the use of its open data sets in OpenStreetMap confirming that
the data owner (gov't organization, entity) has no objections to release the data via OSM under a free and open license and
attribution on the contributors page will be sufficient (essentially waiving CC-BY requirements).
Here's such a waiver, as a simple email template by the City of Melbourne.
Data intended for tracing
This is a sample waiver for making imagery and / or data available for tracing by the OSM community.
General OSM waiver
For an imagery provider that is giving OSM access to a set of images for tracing:
For clarity and without limiting any other rights granted, [Entity] acknowledges and agrees that OpenStreetMap Foundation and the contributors and users of OpenStreetMap may use [name of dataset] imagery from [Entity] to derive or extract data, including without limitation tracing and vector feature extraction, and/or to produce derivative vector datasets, in each case for purpose of contribution to OpenStreetMap, and [Entity] disclaims any rights in such derived or extracted data.
Tracing waiver for imagery released under CC BY/CC BY-NC/CC BY-SA
For clarity and without limiting any other rights granted, with respect to any imagery [entity] has released or releases in the future under a [CC BY/CC BY-NC/CC BY-SA] license, [Entity] waives any and all conditions of the license that could conflict with or prohibit free and unencumbered use of that imagery to derive or extract data, including without limitation tracing and vector feature extraction, and/or to produce derivative vector datasets[, in each case for purpose of contribution to OpenStreetMap]**, and [Entity] expressly disclaims any rights in, or use conditions on, such derived or extracted data.
** “in each case for purpose of contribution to OpenStreetMap” should be included if the entity wants this tracing waiver to apply to OSM only.