[Talk-GB] Grade listed buildings

[Mark Goodge]

On 20/04/2021 15:21, Robert Whittaker (OSM lists) wrote:
> On Tue, 20 Apr 2021 at 11:24, Mat Attlee <mattattlee at gmail.com>
> wrote:
>> With the UK 2021 Q2 quarterly project focussed on buildings would
>> it be worth having a goal to map all the grade listed buildings?
>> 
>> Historic England publishes this data so it could be used to drive a
>> MapRoulette challenge, though I am not sure if the licence is
>> compatible:
>> https://historicengland.org.uk/listing/the-list/data-downloads/
> 
> I got permission from Historic England to use the "National Heritage 
> List for England" under the OGL a few years ago: 
> https://www.whatdotheyknow.com/request/re_use_request_for_national_heri

Historic England's own Ts&Cs are slightly confusing, given that they 
start by stating that the data is OGL, but then go on to add statements 
that are incompatible with OGL.

https://historicengland.org.uk/terms/website-terms-conditions/data-downloads/

I think, though, that that's simply sloppy wording that has been 
inherited from older versions of the website (it was originally a PSI 
Click-Use Licence) and hasn't been updated to reflect the slightly 
different permissions granted by OGL. In practice, Historic England make 
no attempt to enforce any restrictions that are not compatible with OGL, 
and direct communication with them (as in Robert's FOI request, above) 
always gets the response that the OGL applies.

I think, therefore, that we're on safe ground in using the data within 
OSM. Any ambiguity in the licence terms is purely historic (pun 
intended, sorry, I'll get my coat).

For reference, the equivalent datasets from Historic Environment 
Scotland and Cadw are explicitly OGL, without any of Historic England's 
legacy wording in the applicable Ts&Cs.

Mark