Can I use KML files from Google Maps in OSM?

Question

I found this KML file of Bicycle Parking Corrals. I want to import the data into OSM? Am I allowed to do that or are there copyright restrictions? At the bottom of the file it says:

Public · 5 Collaborators · 100,748 views
Created on Nov 20, 2009 · By dan.anderson · Updated yesterday

I am aware of the importing procedure. My question is only about copyrights.

Accepted Answer

4

In copyright, the default is "you're not allowed to use it unless you have permission from the rights owner". Unless the source has an explicit statement about the license (in which the author might grant you some rights) then the rule is: Ask the author. And "Public, 5 Collaborators" doesn't mean anything.
If there is any reason to suspect that this data set has been created with reference to Google maps or Google aerial imagery - e.g. collaborators highlighting bicycle parking corrals on a Google map - then Google or their suppliers own at least part of the rights, and it is not sufficient to ask those who actually drew the bicycle parking corrals, you'll have to ask Google too (or check their licensing).

The likely overall answer to your question is, therefore, no.

permanent link

answered 29 Oct '13, 23:39

Frederik Ramm ♦
82.5k●92●720●1273
accept rate: 23%

@Wasus: So, in relation to the now-linked data set:

The German user interface of the google link says "öffentlich" (instead of public) - imho that makes it more clear that the "public" does just mean that everybody can view this set. Any way, just the single word "public" would not be sufficient as a declaration of a license for the data.
we really do not know the opposite here (nothing known where the locations are from). So we need to assume the worst: based on google maps/aerial images.

(29 Oct '13, 23:50) aseerel4c26 ♦

@aseerel4c26: I think the data are from the city of Portland. If I would ask there for permission and they approve, would it then be okay to use the data?

(30 Oct '13, 04:19) Wasus

1

Sure, if the city of Portland say that you can use the data (and there's nothing obvious that would let you doubt they actually have the right to allow it - I've heard people say "sure, we traced if from Google, you can have it") then you're in the clear. The import guidelines that you already linked would, among other things, ask you to document that permission on the Wiki.

(30 Oct '13, 10:25) Frederik Ramm ♦

Can I use KML files from Google Maps in OSM?

Follow this question

Related questions