[Talk-GB] Scheduled Monument

[Tony OSM]

Hi

When I started mapping these objects I looked at what other people had 
done and followed suit. I looked at 
https://wiki.openstreetmap.org/wiki/Contributors#United_Kingdom and saw 
a the statement


        /National Heritage List for England (Historic England)/

//

/The Historic Buildings and Monuments Commission for England (commonly 
known as //Historic England <https://historicengland.org.uk/>//) has 
given permission for the //National Heritage List for England 
<https://historicengland.org.uk/listing/the-list/data-downloads/>//(NHLE) 
to be used in OSM under the terms of the //Open Government Licence v3 
<http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/>//. 
//[10] 
<https://www.whatdotheyknow.com/request/re_use_request_for_national_heri>//No 
specific attribution was requested, so the default: "Contains public 
sector information licensed under the Open Government Licence v3.0." 
applies. The NHLE includes the following heritage listings: /

//

  * /Listed buildings (see //Key:listed_status
    <https://wiki.openstreetmap.org/wiki/Key:listed_status>//)/
  * /Scheduled monuments/
  * /Protected wreck sites/
  * /Registered parks and gardens/
  * /Registered battlefields/
  * /World Heritage Sites/
  * /Buildings with Building Preservation Notices (BPNs)/

Revisiting today I think England is OK to use the data, but what about 
Wales, Scotland and Northern Ireland and Isle Of Man ..........

On 23/07/2020 10:47, Robert Skedgell wrote:
> 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.
>
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