Legal FAQ
From OpenStreetMap Wiki
Questions
What is the licence for OpenStreetMap's geodata?
The license of the data itself is currently Creative Commons Attribution-ShareAlike 2.0. This is stated on the OpenStreetMap License page.
When you upload data to OSM, you are the copyright holder of your data, but you agree to license it under the terms of this licence. This means only you can relicense the data, unless you have joined on or after May 11, 2010, in which case you have granted the OpenStreetMap Foundation this right. The copyright of the whole data set is scattered among all contributors.
Some contributors release their contributions to the public domain.
A tile usage policy also applies for access to our server.
What's this about a licence change?
We are considering changing to the Open Database Licence ('ODbL'). This is very similar in intent to our current licence, but the OSM Foundation believes it is more secure legally, and offers more clarity for both contributors and users.
Common questions are answered in the Open Data License FAQ.
What is the licence for the software?
Where not expressly otherwise stated, source code of the tools used to modify and distribute the data is licensed under the GPL.
Again, several contributors additionally make their code available under different licences; Potlatch and Gosmore, to take two examples, are both public domain.
Can I trace data from Google Maps/Virtual Earth/Ordnance Survey/...?
No. Other sources must not be used as the base of any data uploaded to OSM. This is because their licences forbid you to do so. Only sources with compatible licenses - such as US Government information released into the public domain - may be used as base for adding OSM data. However, it is OK to use Yahoo! Aerial Imagery, as Yahoo! have agreed to allow OSM to use it. Better still, create the data yourself!
See Potential Datasources for possible sources of data, with compatible licences, to use with OSM.
XYZ Organisation has data for free download under licence N. Can I use it in OSM?
Approach the data owners, explain OSM, and seek written permission to licence their data under our licence or (for the avoidance of doubt) without any restrictions on use at all.
Unless it is clear that the data can be used without restriction, please do not rely on your own legal interpretation of the licence. OSM is all about creating a freely and easily redistributable data set. Anything which taints the dataset or exposes OSM to possible legal action interferes with that objective.
Even if you only want to use a minor part, or compare the sources, you should still seek approval in writing. The legal principles involved are not well developed, and the OSM community wants to develop a free and untainted dataset and not test any of the legal issues involved here.
In short: be ultra-cautious.
If I have data derived from OSM data, do I have to distribute it?
The licence does not force you to distribute or make any data available. But if you do choose to distribute it, or anything derived from it, it must be under the same licence terms as the OSM data.
Can I charge for distributing OSM data or data derived from OSM data?
Yes. You can charge any amount of money you want for any service or data you provide. However, since the data (or service) that is derived from OSM data must be licensed as above, other people may then redistribute this without payment.
Can I get permission to distribute OSM data under an alternative licence?
The copyright to OSM data is vested in the individual contributors. If you happen to use data provided solely by one or a few OSM contributors, you can ask them if they are willing to provide their data to you under a different license.
I would like to use OpenStreetMap maps. How should I credit you?
The requirements are stated in section 4.c of the OpenStreetMap licence. In brief, you need to credit OpenStreetMap and make it clear that the maps are available under our licence terms.
What credit to use
- If you are using OpenStreetMap tiles (e.g. Mapnik or Osmarender/tiles@home), we request that your credit reads at least "(c) OpenStreetMap (and) contributors, CC-BY-SA".
- If you are using OpenStreetMap data only, we request that your credit reads at least "Map data (c) OpenStreetMap (and) contributors, CC-BY-SA".
Where possible, 'OpenStreetMap' should be hyperlinked to http://www.openstreetmap.org/, and CC-BY-SA to http://creativecommons.org/licenses/by-sa/2.0/ . If you are using a medium where links are not possible (e.g. a printed work), we suggest you direct your readers to www.openstreetmap.org (perhaps by expanding 'OpenStreetMap' to this full address) and to www.creativecommons.org.
Where to put it
This credit needs to appear in a place "reasonable to the medium or means you are utilising". In other words, you should expect to credit OpenStreetMap in the same way and with the same prominence as you would any other map supplier.
Our common interpretation of this is:
- For a browsable electronic map (e.g. embedded in a web page or mobile phone application), the credit should typically appear in the corner of the map, as commonly seen with map APIs/libraries such as Google Maps.
- For a printed map, the credit should appear beside the map if that is where other such credits appear, and/or in the "acknowledgements" section of the publication (often at the start of a book or magazine).
If you are producing library code that offers OpenStreetMap data or tiles, you should make sure library users are aware of these terms. We strongly recommend that you display this credit by default when your library is used.
There is some lack of clarity about whether a formal requirement exists in the CC-BY-SA licence to credit every single OSM contributor. We do not believe this is practical or desirable and therefore the above standards have generally been adopted. The proposed Open Database Licence will not suffer from this drawback but will have broadly similar standards of attribution.
Licence Interpretations of how OSM data can be used
The following licence interpretations were created by some OSM contributors by referring to the licence, and their understanding of the law. They were not created by lawyers, and do not constitute legal advice. The answers may not be the opinion of all or even a majority of OSM contributors. They or of the OSM Foundation.
You are responsible for your own use of OSM data, and in your circumstances you may have to refer to the licence directly, and obtain your own legal advice.
See also
- "The licence: where we are, where we’re going" news post from January 2008.
- Open licence questions: some matters for debate suggested by OSM contributors
- Licence debates
