For example CC BY-SA forces to use the same license in any derivative work. And CC BY-NC allows noncommercial purposes. However, ODbL allows commercial purposes and it is different license from CC BY-SA.
Therefore, an orthophoto licensed with any of the 2 previous licenses are not allowed to map in OSM.
In contrast, the license CC-BY allows the use in OSM, only if there is a waiver note (attribution in reasonable manner and parallel distribution when DRM). Then, if an orthophoto under CC BY license could be used to map in OSM, only if it has the waiver note.
The issue is that OpenAerialMap is a well-know tool to upload images to use to map in OSM, and it allows to choose from 2 incompatible licenses, and 1 license without a space to put the waiver note:
I think OpenAerialMap should not allow the uploading of CC BY-NC or CC BY-SA images, because they are incompatible with OSM. Also, it should provide a space for the waiver note when using CC BY. And finally provide another options, like CC0 which are 100% compatible with ODbL.
Insert the usual proviso about grey areas here, but it isn’t necessarily the case that any copyright asserted in an aerial image restricts tracing from that image. I wrote about this a very long time ago: Système D » Aerial photography, cock fighting and vodka bottles
At the time the LWG made clear that tracing from aerial imagery shouldn’t create a derivative and likely would be considered transformational fair use even if it did, but it is simply better to take the high ground and make sure that the producer of the imagery is aware of what OSM is doing and what our legal take on this is.
Mandatory note, particularly when dealing with government data, there may be national and local laws and regulations outside of “copyright” law.
