[OSM-talk] Breach of Copyright?

Chris Hill osm at raggedred.net
Fri Sep 25 15:08:25 BST 2009


Dave F. wrote:
> Tom Hughes wrote:
>   
>> On 25/09/09 13:16, Dave F. wrote:
>>
>>     
>>> 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.
>>>       
>> In principle that is correct - the problem arises if the council has 
>> referred to an OS map in any way while defining the right of way. If 
>> they have then the OS will claim it is a derived work and infected by 
>> their copyright etc.
>>
>> Tom
>>
>>     
> The map he sent is titled as a Definitive Map. It has an OS underlay, 
> but the information laid on top is compiled from Council gathered info. 
> eg GPS survey equipment from an independent company employed to produce 
> the definitive maps.
> It would come down to what you, I, council & OS mean by 'define' I suppose.
>
> This is the copyright at the bottom:
> "Reproduced from the Ordnance Survey mapping with the permission of the 
> Controller of Her Majesty's Stationery Office © Crown Copyright.  
> Unauthorised reproduction infringes Crown copyright and may lead to 
> prosecution or civil proceedings."
>
> Note it says 'reproduced' not produced. Not sure if that is significant 
> or not.
>
> If I was to transfer the paths, I wouldn't be copying the OS underlay 
> map just the ways of the path. Does that make a difference?
>
> Cheers
> Dave F.
>
>   
The copyright statement at the bottom is all that counts.  OS will claim 
it is a derivative work, so, they could claim that if you copy from it 
into OSM you will be in breach their copyright.  The tracks only gain 
context because they are on an OS map.  The only way to settle who is in 
the wrong is to go to court, which OSM cannot afford.  I don't like the 
wide-ranging claims that the OS make about derivative works but I don't 
think we can afford to ignore them. 

Why not walk or cycle the routes with a GPS, collect the tracks and 
photos, enjoy some time in the countryside, add the paths to the map 
with a clear conscience and metaphorically thumb your nose at the OS?

Cheers, Chris




More information about the talk mailing list