Hello.

I've found OpenStreetMap as best (in terms of quality and precision) source of free to use maps.

I would like to use OpenStreetMap in my commercial (and not open source) application/web portal that displays places worth seeing and restaurants in one of Polish cities. The main part of the website/application will show the map of the city, with markers on it. There will be an search criteria on the left (made fully by myself, with custom fields). After filling that form, the map will update, showing the actual place.

I would like to mix the data created by me with the data from OpenStreetMap (mainly the localisations of the objects).

The data created or delivered by me consists of: descriptions, photos, forms, ratings, open hours of restaurants, user data etc. Some of them are copyrighted not to use outside my application - because they were delivered by 3rd-party companies and I have (paid or free of charge) licenses/agreements to use them (e.g. logos, photos, but not only).

The back-end of the application/website is written by myself. Some companies will have access to accounts that will allow them to modify their data (open hours, photos, events). The OpenStreetMap would be used as the "map" in application:

  1. to show where the places are and how to get to them,
  2. to find the places marked by me (restaurants, events, clubs etc.) - after click on them, my data is delivered.

I will place the credits and link to OpenStreetMap on my website/application. But I don't want it to be open-sourced.

I can integrate the solution with the OpenStreetMap more or less (if it's necessary) - e.g. using the map as the background layer and put all my data "over" it, on the separated layer (transparent for OpenStreetMap, without ingeration).

So, is OpenStreetMap for me?

It's ok with the OpenStreetMap license? And if it's not, maybe I can use the still image (saved as e.g. png)? As far as I know, images from OpenStreetMap are on CC license, so they could be used in not open-source projects.

For sure, if that project will generate income (from adverts, I guess), I will like to share it in form of donation.

If I will find, for example, that the localisation of "club X" is on wrong street, I can correct it on OpenStreetMap as well (I guess license demands it?).

Similar situation

From https://help.openstreetmap.org/questions/4669/can-i-use-openstreetmap-in-a-commercial-product I have read that:

It is fully possible to use OpenStreetMap in a commercial product. The only thing we require is that you credit OpenStreetMap. However we would prefer donations and that you help making the map better.

But also:

We require that any derrivative data to be open. However your data does not seem to be derrivative. It seems as your data have been produced without the help of any OSM data. This does not have to be released under a free licence.

It looks like it's essential to determine if it's derrivative or not. So I'm not sure if my application is derrivative or not.

The localisations are based on the map coordinates, and the application for sure needs any map to work (but depends/uses/needs doesn't means is based on, does it?).

asked 19 Jul '14, 11:50

PolGraphic's gravatar image

PolGraphic
31124
accept rate: 0%

edited 19 Jul '14, 12:53

Consider contributing opening hours data back to OSM, if your source allows it. The other types of data you mentioned are not interesting for OSM.

(21 Jul '14, 09:37) Vincent de P... ♦

Neither open source nor commercial matter for using OpenStreetMap data. The OSM license does not discriminate against commercial use, nor require software processing OpenStreetMap data be open source.

This is the same as any open data license, including CC BY-SA.

Please note that OpenStreetMap servers are subject to usage limits, in particular, the tile usage policy is relevant if you expect heavy usage. Additionally, if you build your own closed-source tools, you're likely to get limited help and have to re-invent a lot of components already written.

For the data, it depends what is a "derivative database" and what is a "collective database". Your question mainly focused on the software, which isn't an issue, not on how you're handling the data, so it's a bit hard to say.

The essence of the license is that if you are taking OpenStreetMap data and modifying it, you have to make the modifications available under the same license.

permanent link

answered 21 Jul '14, 00:44

pnorman's gravatar image

pnorman
2.3k52140
accept rate: 19%

/!\ IANAL /!\

This looks possible but there are gotchas. Here's a non-exhaustive list :

One way to slip from a collective db to a derivative db is to re-position your POIs using OSM data (if you aren't just adding your data to existing OSM POIs to begin with), so don't do that.

If you display POI data from both OSM and your own sources (for example by taking the opening hours from osm unless you have them in your db), this needs to be done at runtime (storing the result in a db makes that db ODBL-licensed) and you might need an extra attribution notice in the POI page.

(21 Jul '14, 09:56) Vincent de P... ♦
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question asked: 19 Jul '14, 11:50

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last updated: 21 Jul '14, 09:56

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