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hungerburg
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Recently our local administration GIS started to offer another terrain model with multiple light sources. There are some advantages to it over the other, they complement. Licence as other, I suppose. Cloned from existing WMS end point and changed url.

hungerburg added 2 commits May 7, 2025 00:23
Done by just changing WMS end point of classical shading
@hungerburg
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Metadata was changed to make it unique, different from the one cloned from. That produced an error in QA.

@andrewharvey
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Thanks. Can you remind me where the OSM permission is?

@hungerburg
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The OSM permission is at "licence url" https://www.tirol.gv.at/data/nutzungsbedingungen/

It is CC BY 4.0 - The originator wants to be called "Datenquelle: Land Tirol - data.tirol.gv.at", right now, attribution here reads "tiris.tirol.gv.at" which is their front-end for their data, webpage and WMS. I just copied that from the other aerials by same provider.

@andrewharvey
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Thanks. CC BY 4.0 is not compatible with OSM, OSMF requests a waiver to be completed at https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/

I understand we have existing sources, but we still need to perform due diligence to ensure only compatible sources are included in the index.

@hungerburg
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From reading the blog post, I understood this to apply to data imports. Which is not the case for aerials, where in my understanding CC-BY attribution is fulfilled with showing the providers name in the image. But what do I know.

Looking further, I found this waiver, https://osmfoundation.org/wiki/Licence/Waiver_and_Permission_Templates/Template_text_for_aerial_imagery_waivers - especially the second paragraph. Just in case tracing from aerial makes a derivative work. Is this available in German?

@andrewharvey
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But what do I know.

I'm in the same boat too. I'm just going by the guidance released by OSMF's LWG.

From reading the blog post, I understood this to apply to data imports. Which is not the case for aerials, where in my understanding CC-BY attribution is fulfilled with showing the providers name in the image.
Looking further, I found this waiver, https://osmfoundation.org/wiki/Licence/Waiver_and_Permission_Templates/Template_text_for_aerial_imagery_waivers - especially the second paragraph. Just in case tracing from aerial makes a derivative work. Is this available in German?

I think based on what the LWG has provided here we do need one of these waivers, or an equivalent permission letter.

@hungerburg
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As I am not that much of an expert in such matters, I informed the Local Chapter more than a month ago. Still waiting for a reply. On the local forum I got a recommendation to use a waiver that does not apply. I still do not see why imagery backgrounds available on same terms as existing ones cannot be added, while those that are already in can remain?

@andrewharvey
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On the local forum I got a recommendation to use a waiver that does not apply.

For what it's worth, there's a lot of CC BY sources in the index that relies on the CC BY waivers (despite them being written for data). In AU/NZ where I work we try to obtain a blanket CC BY wavier to cover all CC BY open data without consideration if that's vector data or raster data.

I still do not see why imagery backgrounds available on same terms as existing ones cannot be added, while those that are already in can remain?

If other CC BY sources don't have a waiver or waiver equivalent permission statement from the publisher we should remove them, and raise the issue with DWG about any data entered into OSM relying on these sources.

We could also write to LWG for further guidance.

@hungerburg
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The deed is linked from https://www.openstreetmap.org/copyright and still available https://www.tirol.gv.at/data/nutzungsbedingungen -- The orthophoto (corresponding to the terrain model in this issue) was included with commit 530dd63 in 2017. Likely the deed was 4.0 then already, as 4.0 came out in 2013, but might have been 3.0 or 2.0 even, if that matters.

I guess the standards are higher now. The consequences you mention truly horrific. This affects more sources. This one here at least gives attribution proper.

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