On 22 April 2011 19:53, Mike Harris <[email protected]> wrote: > They are saying it is OK to use the public rights of way information shown > on the "definitive map" (and described in the corresponding "definitive > statements") as this is seen as data which the public can use as of right. > They are not saying that we can "use" the definitive map per se as (whether > or not it meets the description of a "derived work") it is a composite of > the underlying OS mapping and the lines that are drawn on it showing the > public rights of way based on the original surveys and research by the then > Local Authority - physically drawn originally and now as a separate GIS > layer in the current definitive map copies.
The Definite Map, and almost certainly some aspects of the Definitive Statement too, will have been at least in part derived by reference to OS maps. Since OSM's rule is to play it safe as far as copyright is concerned, you should regard them both as derivative works and subject to OS's copyright. Hence you would need OS's permission as well as the council's to use either of them. Fortunately, OS have explicitly said they don't claim any rights in the Definitive Statements [1], so you are free to use them, provided you have permission to do so from the council. (You may be able to argue that the rights of way information -- or at least the classification and reference, rather than the route -- on the definitive map doesn't contain IP belonging to OS. But previously OS have explicitly laid claim to any data plotted on top of their base maps. That might be changing soon. But until then, or unless we obtain explicit permission from Ordnance Survey to do otherwise, I don't think we have any choice but to play it safe, and only take rights of way information from the Definitive Statements.) Robert. [1] http://blog.ordnancesurvey.co.uk/2010/04/os-opendata-goes-live/comment-page-1/#comment-536 -- Robert Whittaker _______________________________________________ Talk-GB mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk-gb
