[Talk-GB] Scheduled Monument

[Robert Skedgell]

On 15/07/2020 10:18, Tony OSM wrote:
> Whilst mapping some of my local historic places I have found Scheduled
> Monuments. They are described in the Historic England list as Heritage
> Category: Scheduled Monument and has a List Entry Number.
> 
> Building are listed as Heritage Category: Listed Building , Grade: (I,
> II*, II) and a list entry number.
> 

I have a related question about using data from the Historic England
list. How can we comply with the attribution requirement in para. 2 of
OS Open Data Licence Agreement used by HE (below)? Some of this may be
covered by OSM's general license and acknowledgements, but would an
additional tag on the object be required?

Ordnance Survey Open Data Licence Agreement

Historic England is able to license the use of a number of its spatial
data sets for use in Geographic Information Systems (GIS) ("Historic
England GIS Data") for commercial and non-commercial use.

1. Subject to the terms below, you are now granted a worldwide,
perpetual, non-exclusive licence to use this Historic England GIS Data.
You may:
- copy, publish, distribute and transmit the Historic England GIS Data
- adapt or modify the Historic England GIS Data
- exploit the Historic England GIS Data commercially for example by
combining it with other information or by including it in your own
product or application

2. You must always use the following attribution statements to
acknowledge the source of the information:

© Historic England [year]. Contains Ordnance Survey data © Crown
copyright and database right [year] The Historic England GIS Data
contained in this material was obtained on [date]. The most publicly
available up to date Historic England GIS Data can be obtained from
http://www.HistoricEngland.org.uk.

3. The same requirement for an attribution statement must be contained
in any sub-licences of the Historic England GIS Data that you grant,
together with a requirement that any further sub-licences do the same.

4. You must ensure that you do not use the Historic England GIS Data in
a way which suggests any official status or that Historic England has
endorsed you or your use of the Historic England GIS Data.

5. The Historic England GIS Data must not be used for purposes which may
lead to damage to archaeological sites, historic buildings and landscapes.

6. You must not mislead others or misrepresent the Historic England GIS
Data or its source.

7. This licence does not give you permission to use any Historic England
trade marks or logos.

8. You must ensure your use of the Historic England GIS Data complies
with the Data Protection Act 1998 or the Privacy and Electronic
Communications (EC Directive) Regulations 2003.

9. The Historic England GIS Data is updated on a regular basis. It is
current only to the date of the dataset as given on the downloadable data.

10. All intellectual proprietary rights in this Historic England GIS
Data and the documentation remain vested in Historic England and its
licensors. Where Ordnance Survey base mapping has been used to create
certain Historic England GIS Data, Ordnance Survey claims Intellectual
Property Rights in the data. As such, Historic England GIS Data is
subject to the terms of the Ordnance Survey Open Data Licence – a copy
of which can be found here.

11. Spatial data is provided solely to indicate the location of the
designated area. The spatial data for listed buildings does not indicate
the extent of a listing or the curtilage.

12. The Historic England GIS Data is licensed 'as is' and Historic
England excludes all representations, warranties, obligations and
liabilities in relation to the Historic England GIS Data to the maximum
extent permitted by law.

13. Historic England will not be liable (whether directly or indirectly)
for any loss or damages arising out of or in connection with any use of
the Historic England GIS Data, any infringement of third party
intellectual property rights or any decisions made on the basis of this
data.

14. Historic England is not liable for any errors or omissions in the
Historic England GIS Data and shall not be liable for any loss, injury
or damage of any kind caused by its use. Historic England does not
guarantee the continued supply of the Historic England GIS Data.

15. Nothing in this licence shall exclude Historic England's liability
for death or personal injury caused by negligence, or for fraud.

16. Historic England may terminate this licence if you are in material
breach of its terms and fail to remedy any breach (if capable of remedy)
within 14 days of being notified by Historic England. If Historic
England does terminate this licence you must immediately stop all use of
the Historic England GIS Data and terminate any sub-licences of the
material containing the Historic England GIS Data.

17. A person who is not a party to this licence shall not have any right
under the Contract (Rights of Third Parties) Act 1999 to enforce any of
its terms.

18. This licence (including any non-contractual disputes) is governed
by, and will be construed in accordance with, English law and the
exclusive jurisdiction of the English courts.

-- 
Robert Skedgell (rskedgell)