[OSM-talk] Breach of Copyright?
Dave F.
davefox at madasafish.com
Fri Sep 25 15:27:08 BST 2009
Chris Hill wrote:
> 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?
>
I do Chris, I do.
However, if I can find a way to /legally/ import data I don't see a
problem. Take a look at Transit Talk for examples of mass data import
(Naptan). It saves hell of a lot of time!
> Cheers, Chris
>
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