[OSM-talk] Breach of Copyright?

[Dave F.]

This is a continuation of the thread [OSM-talk] Field boundaries, 
specifically the message on the 25th at 10:42
I started a new one because it would stray from the original topic.

Nick Whitelegg  wrote:

"Just to check, and apologies if I'm telling you the complete obvious: make 
sure that the OS 1:25000 map is not the only evidence you have of which 
side of the hedge the path goes. Make sure there's some evidence on the 
ground as well e.g. a way marker.

Otherwise if you use that to decide where the path goes it's probably breach of copyright."

Hi Nick

You bring up a point that I think needs expanding on for clarification.
I decide where I'm going to go for a walk by looking at a combination of 
my OS and OSM maps.
I look for /indications /of rights of way on my OS map. Initially this 
is the only evidence I have.
If I see it's not indicated in OSM I go & walk it.
I'm pretty certain I'm not the only one who does this.

Is this a breach of copyright?

On a second related point:
Who has the copyright for the rights of way information?
My understanding, & please correct me if I'm wrong, is that it's not OS.

I had an email conversation with the mapping officer from my local 
council. He intimated that the data relating to public rights of way, 
and its associated copyright, would belong to the Local Council. When 
they make a legal order to record a public right of way they send a copy 
of the order to the OS who then copy the line of the right of way onto 
their own maps.

He provided me with a map that the council created of legally recorded public rights of way for the city, & again intimated that I was free to copy the data of the paths to OSM.

Is he correct?
I'm aware he put a couple of caveats in the message such as "I suspect" & "I would imagine". 

Cheers
Dave F.