Legal issues when using ArcGIS Online image layers

[joostschouppe]

Esri suggests using their "Online image layers" for tracing data for upload to OSM:

"If you want to contribute to OpenStreetMap (OSM), an open and freely available database of geographic data, you can use ArcGIS Online image layers with the ArcGIS Editor for OpenStreetMap" source

Is this in fact legal? And if so, can I find some sort of official confirmation of this?

This question was raised at the Openstreetmap Help site. Here's the document that allows using Bing Imagery for OSM tracing.

Excuse me if this is off topic - but to me, it sounded like something that would be of interest for your wiki pages.

[eggwhites]

Hello joostschouppe - good question, and I can see how this might be confusing. To clarify - the article states that you can use 'ArcGIS Online Imagery' - i.e., of the provided ArcGIS Online basemaps available, you can choose the 'Imagery' basemap option. This ArcGIS Online imagery is provided through the Esri Community Maps program (http://doc.arcgis.com/en/community-maps), and contributors understand that contributions can be accessed by the public through ArcGIS for a variety of workflows - one may be digitizing features.

This is not the same as Bing Imagery - ArcGIS no longer provides Bing imagery as one of its public basemap options.

[simonpoole]

@eggwhites Sorry to be a stickler about this, but can you point to ToS or similar that participants in the community maps program have to agree to if ESRI themselves cannot make a statement as to the status of data digitized from the available imagery?

The question has actually turned up in a further different context: from a participant in the program that is unsure about the T&Cs and if it is a suitable way to provide imagery to the OSM community and I've been unable to find any document that is really clear on the matter.

[joostschouppe]

After some searching I found a screenshot of part of the license agreement data providers sign. I also found this. Read point 5: "all derivative work is owned by Esri".

EDIT: I didn't read the document properly. Point 5 is non problematic, as @mboeringa points out below.

[simonpoole]

@joostschouppe the good news is that point 4. actually assigns enough rights to ESRI that they could legally allow tracing by us.

[mboeringa]

Read point 5: "all derivative work is owned by Esri".

This is a partial and inaccurate quote @joostschouppe, and thus makes it more confusing. It actually reads:

_5. Derivative Works.
Any derivative works (as defined under 17 USC sec.101), resultant data, or other information _that
Esri creates based on Data will be owned by Esri, provided that Contributor retains ownership over any portions of Data that remain separately identifiable in such works.

Note the bold text I highlighted. Clearly, the "owned by ESRI" only refers to derivative works and resultant data _that ESRI creates themselves_. The OSM community is not ESRI, so ESRI shouldn't own the derivative or resultant data created by OSM users.

In addition, since digitization of imagery and thus creating vector data, does not create _new imagery_, but instead entirely new data that could not realistically been seen as "portions of Data that remain separately identifiable in such works" over which a "Contributor retains ownership", I think OSM users should be fine digitizing the imagery...

[simonpoole]

@mboeringa that would actually make the imagery unusable since we would have to go back to every individual source and ask them for permission.

As it stands I'm assuming that the imagery layer composed of mulitple different sources is actually a deriviative and that ESRIs own the rights in it (as granted in 4.).

[mboeringa]

@mboeringa would actually make the imagery unusable since we would have to go back to every individual source and ask them for permission.

Have you actually read what I wrote?

As it stands I'm assuming that the imagerylayer composed of mulitple different sources is actually a deriviative and that ESRIs own the rights in it (as granted in 4.).

Yes, this is how I interpret it too.

[ajturner]

I'll work with @eggwhites to look into the questions and report back to this issue.

[simonpoole]

@mboeringa yes. ESRI producing a statement that it
a) allows tracing from the imagery
b) waives all rights to the derived data
is the best situation for us.

What is confusing you likely is that the T&Cs are an agreement between the contributors to the community maps and ESRI. NOT between ESRI and OSM, the only thing interesting for us is that ESRI does actually has the relevant rights so that it can enter in to such an agreement with us.

[mboeringa]

I'll work with @eggwhites to look into the questions and report back to this issue.

@joostschouppe and @simonpoole, best to wait for this answer.

[simonpoole]

I did some digging in my mail archives and found some stuff from 2013 where permission was supposed to announced. If that did happen it clearly wasn't on any high profile OSM site/list/... If anybody is interested I can provide the name etc.

[eggwhites]

Hello All - we at Esri are working internally to provide a full answer here. Please give us some time to get that to you. I know its important to have an answer soon. Please stay tuned.

[eggwhites]

An update: I've learned there was much research put into this question in the past, and don't believe there should be problems with a digitizing workflow. However, we haven't published clear guidance that answers these questions you've provided - and we agree it is important to do so. So we are working on documentation and will update this thread so you all have it. To set expectations, it likely won't be available until after the Thanksgiving holiday, as different staff in our process are travelling.

[mboeringa]

Don't forget this link to an ArcUser article @joostschouppe pointed out, that is actually highly relevant here:

Use ArcGIS Online Imagery to Digitize, Analyze, Contribute
http://www.esri.com/esri-news/arcuser/fall-2014/use-arcgis-online-imagery-to-digitize-analyze-contribute

[willemarcel]

Hi @eggwhites and @mboeringa

Furthermore the questions about the imagery ownership, it's necessary to clarify the information on that page http://downloads2.esri.com/ArcGISOnline/docs/tou_summary.pdf

It says that we need:

• Provide attribution to Esri and its data providers.
• Use with Esri software, and comply with its terms of use. If you do not have Esri software, you must purchase an ArcGIS Online subscription.