[Talk-GB] Bridleway across field

Robert Whittaker (OSM lists) robert.whittaker+osm at gmail.com
Tue Dec 8 12:59:16 UTC 2020

On Tue, 8 Dec 2020 at 12:37, Dave F <davefoxfac63 at btinternet.com> wrote:
> On 08/12/2020 12:08, Robert Whittaker (OSM lists) wrote:
> > On Tue, 8 Dec 2020 at 09:39, Mark Lee via Talk-GB
> > <talk-gb at openstreetmap.org> wrote:
> >> Hello. I've just added a missing public bridleway (https://www.openstreetmap.org/way/882278479) which is detailed on the Wiltshire Definitive Map.
> > Generally these maps have lines drawn on top of
> > Copyrighted Ordnance Survey base-maps, which means they're off-limits
> > for use in OSM.
> Do you have evidence of this being the case? Has someone from OS (or
> anyone outside OSM) stated that?

Since the Definitive Maps are someone else's work, without a licence /
permission, we aren't allowed to make use of them in OSM. So the
question is usually moot. I'm not aware of any instances of a
Surveying Authority granting a re-use licence for its definitive maps.

But, generally speaking, the base-map will contain a OS copyright
notice, and OS have historically claimed derived data rights over
anything drawn on top of their base-maps. This would mean that local
authorities aren't able to authorise any re-use. That's changed
slightly in the last few years, with OS's "Presumption to Publish"
policy. But this makes it clear that it's only the derived data on its
own (and not the basemaps) that third-parties are able to licence. See
and in particular point 5: "For example, you can’t use OS licensed
data as a background picture to give your data better real-world
context." The upshot of this is that Councils are able to allow re-use
of their Rights of Way data if it's separated from the OS base-map
(e.g. as a stand-alone GIS file), but not the Definitive Maps

I guess if a council is still using a very old OS base-map that has
since gone out of copyright, things might be different. But you'd
still need an explicit licence from the council if their depictions of
the Rights of Way were still in copyright. And there's a question
about the status of derived data rights on derivations made while the
base-maps were still in copyright.


Robert Whittaker

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