[OSM-legal-talk] Garmin maps and license

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[OSM-legal-talk] Garmin maps and license

ligfietser
Hi,
On the help pages someone asked a question about the license of Garmin OSM maps:
https://help.openstreetmap.org/questions/48251/selling-routable-osm-maps-for-garmin

I'm the maker of openfietsmap routable cycling maps, which can be downloaded on openfietsmap.nl and garmin.openstreetmap.nl
As I understood it correctly those maps are produced work. Maps as an cartographic expression can be considered as intellectual property so I licensed them under cc-by-nc https://creativecommons.org/licenses/by-nc/3.0/ which means that users may not sell those maps without my permission.
Am I right to do so or must I published it only under ODbL?

See http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline

Garmin maps (.img files). They are vector database files all right but they are not really made "for the extraction of the original data", or are they?

Conclusion: Garmin .img file maps or similar vector files for mobile devices are an interesting case as the internal structure is a vector database. In normal cases they are distributed with the primary intention of providing a visual map to end users, therefore it is a Produced Work. If distributed for other reasons, or if someone then extracted data from it with the intention of using it as a database, then it would become a Derived Work.

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