[Talk-GB] Definitive Public Right Of Way map for Northumberland

Robert Whittaker (OSM) robert.whittaker+osm at gmail.com
Fri Apr 22 20:23:02 BST 2011

On 22 April 2011 19:53, Mike Harris <mikh43 at googlemail.com> wrote:
> They are saying  it is OK to use the public rights of way information shown
> on the "definitive map" (and described in the corresponding "definitive
> statements") as this is seen as data which the public can use as of right.
> They are not saying that we can "use" the definitive map per se as (whether
> or not it meets the description of a "derived work") it is a composite of
> the underlying OS mapping and the lines that are drawn on it showing the
> public rights of way based on the original surveys and research by the then
> Local Authority  - physically drawn originally and now as a separate GIS
> layer in the current definitive map copies.

The Definite Map, and almost certainly some aspects of the Definitive
Statement too, will have been at least in part derived by reference to
OS maps. Since OSM's rule is to play it safe as far as copyright is
concerned, you should regard them both as derivative works and subject
to OS's copyright. Hence you would need OS's permission as well as
the council's to use either of them.

Fortunately, OS have explicitly said they don't claim any rights in
the Definitive Statements [1], so you are free to use them, provided
you have permission to do so from the council.

(You may be able to argue that the rights of way information -- or at
least the classification and reference, rather than the route -- on
the definitive map doesn't contain IP belonging to OS. But previously
OS have explicitly laid claim to any data plotted on top of their base
maps. That might be changing soon. But until then, or unless we obtain
explicit permission from Ordnance Survey to do otherwise, I don't
think we have any choice but to play it safe, and only take rights of
way information from the Definitive Statements.)


[1] http://blog.ordnancesurvey.co.uk/2010/04/os-opendata-goes-live/comment-page-1/#comment-536

Robert Whittaker

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