I doubt its binding. Strictly speaking FOI requests are for information not opinions, but its something no-one seems to pay much attention to. There might be an estoppel/legitimate expectation argument but I doubt it.
This is off the top of my head of course. Francis 2009/9/14 TimSC <mapp...@sheerman-chase.org.uk> > > To legal-talk, > > I was trying to think of a way to clarify the situation on copyright > expiry of OS maps. One interpretation is the 50 years copyright starts > when the map was last updated. Another is the copyright clock starts on > the year of the copyright notice. To get an answer, what better way than > to ask ordinance survey themselves? Under the freedom of information, I > asked about a specific example (detailed below). > > The response seems to indicate OS's view is the copyright expires 50 > after the year of the copyright notice. This is good news as it makes > many maps available for our use. The next question that occurs is can OS > reverse their view or is an FOI binding in some way. (Note the > disclaimer of the email.) Any thoughts from the community on this would > be good... > > If my question or their answer was ambiguous, we can always do another > FOI request. > > Regards, > > TimSC > > -----Original Message----- > From: Customer Services > Sent: 14 September 2009 12:05 > To: Tim Sheerman-Chase > Subject: RE: Freedom of Information. Reference: SAP 71979 > > Dear Mr Sheerman-Chase > > Ordnance Survey reference: 71979 > > Thank you for your email dated 30 August 2009 requesting: "I have a > sheet that has the following markings: "Made and published by the > Director General of the OS, Chessington, Surrey 1960 Reprinted with > minor changes 1965 Crown copyright (C) 1960"" > > "Which date is used to calculate when the copyright will lapse? Would > this either be either 1st Jan 2011 or 1st Jan 2016 or another date?" > > We are pleased to provide you with the following information with regard > to your request: > The Crown copyright subsisting in a hard copy printed OS map will > subsist from the end of the calendar year in which it was published > until the end of the period of 50 years from the end of the calendar > year in which it was published, meaning 1 January 2011. > > Please note that your enquiry has been processed to Freedom of > Information guidelines. As all requested information has been provided, > we have determined that in all the circumstances of this case the Public > interest consideration (section 17 FOIA) is not applicable in this > instance. > > If you are unhappy with our response, you may raise an appeal to our > Appeals Officer at: > > Complaints Team > Customer Service Centre > Ordnance Survey > Romsey Road > SOUTHAMPTON > SO16 4GU > > Please include the reference number above. The Appeals Officer will > ensure that the process has been followed correctly, questioning any > decisions taken regarding the original response and recommending > disclosure of additional information if appropriate. > > Thank you for your enquiry. > > Yours sincerely > > Tony Gray > > Freedom of Information Pracitioner > Ordnance Survey > Romsey Road, SOUTHAMPTON, United Kingdom, SO16 4GU > Phone: +44 (0) 8456 050505 | Fax: +44 (0) 23 8079 2615 > www.ordnancesurvey.co.uk | customerservi...@ordnancesurvey.co.uk > > Please consider your environmental responsibility before printing this > email. > > -----Original Message----- > From: Tim Sheerman-Chase [mailto:**********************] > Sent: 30 August 2009 19:10 > To: Customer Services > Subject: Freedom of Information. Reference: SAP 71979 > > FOI Enquiries, > > I have a question under the Freedom of Information Act 2000 regarding > the crown copyright of OS map sheets. I have a sheet that has the > following markings: > > "Made and published by the Director General of the OS, Chessington, > Surrey 1960 > Reprinted with minor changes 1965 > > Crown copyright (C) 1960" > > Which date is used to calculate when the copyright will lapse? Would > this either be either 1st Jan 2011 or 1st Jan 2016 or another date? > > Thanks, > > Tim Sheerman-Chase > ************************************ > > This email is only intended for the person to whom it is addressed and > may contain confidential information. If you have received this email in > error, please notify the sender and delete this email which must not be > copied, distributed or disclosed to any other person. > > Unless stated otherwise, the contents of this email are personal to the > writer and do not represent the official view of Ordnance Survey. Nor > can any contract be formed on Ordnance Survey's behalf via email. We > reserve the right to monitor emails and attachments without prior notice. > > Thank you for your cooperation. > > Ordnance Survey > Romsey Road > Southampton SO16 4GU > Tel: 08456 050505 > http://www.ordnancesurvey.co.uk > > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/legal-talk > -- Francis Davey
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