I do not work FOR a Highway Authority but I do work very closely WITH one. My HA's view is much as Dave F reports - there is no copyright for the rights of way (we the great unwashed public own them) and the data on definitive maps and their electronic equivalents held or published by the HA is free to use BUT the HA licenses the base mapping from the OS so we have to be careful not to use that even in a derivative fashion. My practical interpretation of this is that we still have to do the work on the ground with GPS etc. to find where a path IS on the surface of the planet - but we are free to add tags for its legal status, reference number etc. as this is public domain material. In practice there are lots of errors in the OS mapping for rights of way (and not merely Easter Eggs) and there is no substitute for doing the mapping itself the hard way with the trusty handheld GPS and a pair of muddy boots! It is indeed the HA who provide the PRoW data to the OS - who - some time in the following decade or so - might get round to putting it onto their maps. (I have examples around here where changes properly notified to the OS are still missing after 10 years).
So as long as the phrase "data of the paths" means their status, numbering etc. but not their position or shape on the ground then we should be in the clear according to my contacts (some of whom are HA lawyers). Mike Harris > -----Original Message----- > From: Dave F. [mailto:dave...@madasafish.com] > Sent: 25 September 2009 13:16 > To: OSM Talk > Subject: [OSM-talk] Breach of Copyright? > > 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. > > > > > > > _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
