This pad documents the de facto status of this issue in the Philippines.
The content of this pad is mirrored in the OSM Wiki.
OpenStreetMap (OSM) is a global mapping project, with the goal of providing free and open geographic data to anyone, without any legal or technical restrictions.
Rolling back problematic imports are costly, in terms of time and resources, for many small communities like ours. We hope to avoid this, by documenting the common or significant issues the LoCo has encountered.
Data contributions to OSM are governed by the Contributor Terms between the contributor and the OSM Foundation (OSMF). Under said terms, the OSMF then provides the content ("data") worldwide, under Open Database License (ODbL.) A plain summary of ODbL is available here.
You may add data based on your personal knowledge and local surveying. You remain the copyright holder of your data, but by agreeing to contribute to the OpenStreetMap project, you also grant certain rights to the OSM Foundation (OSMF) under the Contributor Terms.
In addition, OSM has permission to use or derive data from imagery coming from sources like Bing, ESRI, KartaView (formerly, OpenStreetCam) Mapbox, Mapillary, Maxar, and OpenAerialMap
Although work of government is considered as "public domain", and ineligible for copyright under section 176 of the Republic Act 8293, prior permission is required for commercial use.
This "public domain" restriction by the Philippine government on any work of government makes them incompatible with OpenStreetMap's Open Database License (ODbL). As stated in the OSM Import/ODbL Compatibility wiki page (emphasis is ours):
Note that any license that (sic) with commercial use prohibition (for example "The works shall be used only for nonprofit purposes.") or forbidding modification (for example "It is prohibited to modify the work, or change it to create a secondary work.") is clearly incompatible with ODBL.
Futhermore, the "non-commercial use" provision goes against the OSM license terms that allows anyone to utilize OSM data for any purpose, including commercial use, and only requiring them to attribute OSM.
For these reasons, an explicit waiver or permission letter from the agency/data owner is required.
Before using any Philippine government data, you must secure a written consent from authorized signatories of the government agency that owns said data, where they agree to publish them in OpenStreetMap under ODbL.
"Using" includes tracing over the map, copying a name from the map, or pinpointing a coordinate on the map. Prudently, the OSMF tend to regard all of these as a form of copying, or "creating a derived work".
The following government agencies (or their bureas, and sub-offices) publish data with public access (and/or download) but are currently incompatible with OSM license.
The above list is incomplete, but cites some agencies who publish data and/or maps that are publicly accessible.
The remedy to this restriction is to engage these agencies, and secure from them a written consent by authorized signatories, to use their data in OSM, under the terms of ODbL that covers all OSM data.
Private and non-governmental organizations (e.g. orgs who license their data in CC-BY-NC) should follow the same steps as data from the government. The donors are expected to publicly publish their data, with an explicit license compatible with OSM, or additionaly with a specific waiver of rights in favor of OSM.
The following sources publish data for free access (and/or download) but are currently incompatible with OSM license:
That data is copyrighted and owned by many other organisations that Google/whoever just licenses from. If we were to use it, OSMF would have to pay for it.
The Terms of Service of Google Maps/Google Earth Terms of Service disallows you from using their data for creating or augmenting any mapping-related dataset:
When using Google Maps/Earth/Street View, you may not […] use Google Maps/Earth/Street View to create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list or telemarketing list)..
The OSM project intends to provide a free dataset which will enable everyone – enthusiasts, citizen scientists, programmers, social activists, practitioners, map makers, YOU – to use them without any technical or legal restrictions.
The OpenStreetMap Foundation and community respects the intellectual property rights of others. The Foundation, and the community will respond to specific claims of copyright infringement provided that sufficient information is given, or can be determined.
After they've been ascertained as incompatible, and possibly co-ordinating with the Data Working Group for planned actions, the data will be removed from OpenStreetMap, while personally identifiable information (PII) may be redacted.
The adopted practice of the OSM-PH community is to secure the necessary permission from the data owners. The Licensing Working Group affirms this conservative stance and recommends the same globally, where applicable.
Check out any OSM community channels in the Philippines for advise or assistance.
Some questions to ask yourself:
Even if you think your data license is compatible with OSM, it makes a lot of sense to coordinate with the local community and discuss your plans with them, especially when dealing with large datasets.
Public address information (housenumber, street name) are publicly accessible, and should be okay to add in OSM.
However, private and personally identifiable details of people (e.g. names (even just surnames), phone numbers, email addresses, family composition, economic status, etc.) has no place in OSM.
You may keep these in your own private databases, and synchronize the data with some key, to tie it to the map (e.g their address)
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