Your use of Ordnance Survey mapping – is it legal?

Richard Mortara

Local Government & Emergency Services Contracts Manager

8 November 2006

Presentation content

• Intellectual Property and Copyright

• Mapping provision to Local Government

• Internal Business Use

• Display and Promotion Terms

• Contractors/Agents

• Partnerships

• Get-a-map™

• Things to remember

Intellectual Property (IP) and Copyright (1)

• IP allows people/businesses to own their creativity and innovation in the same way they can own physical property

• The IP owner has rights (IPRs) to control and also be rewarded for its use

• Examples of IP include:

• Trade Marks – for brand identity

• Patents – for inventions

• Database Right –for databases in which substantial investment has been made

• Designs – for product appearance

Intellectual Property (IP) and Copyright (2)

AND

• Copyright – for original artistic and literary works (includes maps) – Copyright Designs and Patents Act 1988 (amendments 2003)

• Sui generis – you create it, you own it (it is, because it exisits)

• You can say how it is used

• Enables you to benefit from it - charging

• Use without permission = Breach

• Crown Copyright is owned by OPSI

• Crown Copyright exists for 50 years from end of year of publication

Mapping provision to Local Government

• Licensed through a collective agreement

• Current arrangements end 31 March 2009

• Wide range of mapping scales available in product portfolio

• Entitlement to National coverage

• Licence permits certain uses of the data

• MSA members permitted to share data amongst themselves

Internal Business Use

• Use solely and explicitly to fulfil the mapping requirements for the administration and operation of the Authority’s business

• Use in reports and submissions to thirds parties (where such activities relate to the administration and running of the Authority’s business…), provided such reports and submissions do not carry advertising in respect of third parties.

• Use by a third party on the condition that the Mapping Products and/or Data can only be used by the third party, on signing a Contractors Licence, to meet the Authority’s business/administrative requirements

• To fulfil statutory obligations where the statue requires mapping to be used to deliver the information

Display and Promotion (1)

• Acknowledgements are always required and each individual image using the Mapping Products and/or Data must contain the appropriate database right, copyright and/or Trade Mark acknowledgement/s

• Area (and scale) of mapping used must be appropriate for the level of information being displayed.

• The use of the Mapping Products and/or Data shall be to support the Authority’s business activity

• Watermarking required on mapping which viewed at a scale of 1:10,000 or greater – must cover at least 10% of the map area delivered to the recipient.(this clause is under review)

• No financial gain and can be made from use of the mapping

Display and Promotion (2)

• No restriction on plot sizes for MSA/PGA members and contractors – A3 size limit for other users

• Data on the web must not be displayed in Vector format – use JPEG, PDF formats (review of guidance in progress)

• Mapping older than 50 years, should still be acknowledged!

• Where work is done for a 3rd party, the clients licence number must be used if they are a licence holder

• No banner advertising on pages where mapping data is used.

Example – what’s good.

Authority business

information

WatermarkCopyright acknowledgement

What about this one?

Might not be Ordnance Survey mapping, but

appropriate acknowledgement still

required!

Sensible scale/area coverage

Business Information = location of a safety

camera

What about this one?

Correct acknowledgement

Static image

Watermarking not required on OS

StreetView

Business information

Your views?

Q – Is this based on Ordnance Survey mapping?

Acknowledgement of cartographer

Copyright of Council

One more for consideration

Note this has a‘based upon’

acknowledgement -

Partnerships/Data sharing

• Data must be of same geographical area and be derived from the same product/s

• Can pass data to any other body under contractor terms

• Can share data with any body who has an OS digital data licence for the same products covering the same area

• Other bodies must not get any commercial benefit

Use of electronic maps outside of the GIS - a summary

Electronic mapping can be used as follows:

• In reports, supporting the Authorities business

• In presentations, supporting the Authorities business

• In e-mails - but must be ‘protected’ so vectors cannot be extracted

• On web services, subject to the Display and Promotion conditions of use

• In ‘hard’ format subject to D&P conditions of use

Do consider ‘Competitive Use’ issues

Competing activities (summary)

• Can include

• Tourist brochures

• ‘where’s my nearest?’

• Transport/routing information

• Free ‘local maps’

• We have to licence ‘like for like’ use the same way

• We are often challenged by our Licensed Partners

• Mapping on the web…………

• Services which are mandatory or permissible under statute for no Financial Gain permitted (acts must state mapping is required to support the provision of the service)

Get-a-map™

Things to remember

• The licence to use mapping is held by the Local Authority

• Use to support the operation and administration of the authority permitted

• Agents/contractors should only be supplied with data, having signed the contractor licence.

• Any use of Ordnance Survey mapping (hard and ‘e’ formats) must fulfil all the T&Cs for Display and Promotion

• Any work which has mapping based upon that from Ordnance Survey – must be appropriately acknowledged

Any last questions?

Copies of the MSA Portfolio are available for you to take away for reference