Chris Hill wrote: >Sent: 25 September 2009 4:02 PM >To: OSM Talk >Subject: Re: [OSM-talk] Breach of Copyright? > >Dave F. wrote: >> 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 C 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! >> >I know all about NaPTAN - I am currently visiting every one of the 1299 >bus stops in Hull to check that the NaPTAN import is correct, and >finding a significant number that are not. NaPTAN brings us benefits, >but since every stop needs checking, time saving might not be one of >them. Most imports bring similar issues of checking.
Yes, in reality NaPTAN is not a very good import for OSM. Yes it puts lots of bus stops on the map but in reality I would say less than 50% are in the reasonably correct locations (ie +/- 10m or so). Having said that we do get the benefit of other data that takes a long time to gather and enter, such as reference data for each stop. It's also encouraged me to get out and map more bus stops, which can't be a bad thing. So overall I'm positive about the NaPTAN import, but not as positive as I thought I would be when we heard they were making the dataset available to us. Cheers Andy > >I don't want the work done in your area jeopardized by a letter from >OS's lawyers. > > >Cheers, Chris > >_______________________________________________ >talk mailing list >talk@openstreetmap.org >http://lists.openstreetmap.org/listinfo/talk _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
