[odc-discuss] Licensing of produced works from an ODbL database

Fri Nov 2 19:22:50 UTC 2012

On Fri, Nov 2, 2012 at 12:29 PM, Robert Whittaker (ODC lists) <
robert.whittaker+odc at gmail.com> wrote:

> This would seem to be quite an important question for ODbL data users,
> and I can't see any explicit statement about this in the ODbL itself.
> The closest thing is (4.3) where the text could be taken as a viral
> attribution requirement on any re-uses of the produced work. However
> it doesn't say that it applies to any derivative works arising from
> the produced work, it just talks about "the Produced Work" itself,
> though I suppose it could be argued that being exposed to a derivative
> of a produced work exposes you to some aspects of the original
> produced work too.
>

This is, perhaps, another misunderstanding.   Yes, 4.3 talks about "the
Produced Work", but that is a reference to the beginning of the sentence,
which says "if you Publicly Use a Produced Work..."

A Produced Work is "a work (such as an image, audiovisual material, text,
or sounds) resulting from using the whole or a Substantial part of the
Contents (via a search or other query) from this Database, a Derivative
Database, or this Database as part of a Collective Database."

If what you call "a derivative of a produced work" constitutes "a Produced
Work", then Section 4.3 and Section 4.6 apply to it.

That's what the ODbL says, anyway.  If you want to argue that you don't
have to follow ODbL, because there is some exception to the Database Right
and/or copyright, then this is a different question, which is jurisdiction
specific and probably something that you'd need legal advice in order to
get an answer.
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