On Sat, Oct 10, 2009 at 03:32:02PM +0100, Ian Eiloart wrote:
> > 2009/10/7 Matthew Somerville <[email protected]>:
> >>
> >> One would assume the Ordnance Survey have taken legal advice on their
> >> OpenSpace, which appears to state that point based derivation from  
> >> an OS
> >> map would belong to the OS:
> >> http://openspace.ordnancesurvey.co.uk/openspace/faq.html sections 2.1
> >> and 2.2; and
> >
> > 2.1 (which is the relevant one) is suitably weasely.
> >
> > "When you use OS OpenSpace to geocode data by adding locations or
> > attributes to it that have been directly accessed from and/or made
> > available by Ordnance Survey mapping data, then the resulting data is
> > 'derived data', because it is derived from Ordnance Survey data."
> >
> > If you take a mapped feature and use OS OpenSpace to create a
> > (location, attributes) tuple, you are doing two things:
> >
> > (i) if you do this to all such features, or very many features, you
> > are doing something akin to tracing a copy of the map and adding
> > additional information, that would be a derived work just as much as
> > if you used a pantograph or tracing paper;
> >
> > (ii) the OS may have a database right in the features that they
> > present, if you extract (a substantial amount) of them then you may
> > infringe any database right they have in them.
> 
> What, pray, is a "database right"?

Broadly speaking, it gives you certain rights with regards to a
collection of information (e.g. a database), even if you don't own the
rights to each individual piece of information. For example, if you
build a web site listing pubs in the UK, you can't claim copyright on
the address of each pub, but you can probably claim a database right on
the database as a whole.

The Intellectual Property Office has a brief outline:

http://www.ipo.gov.uk/types/copy/c-otherprotect/c-databaseright.htm

The University of Manchester Intellectual Property has some guides on
the subject, they are naturally aimed at researchers but the
"Intellectual Property and Confidentiality" PDF covers IP in general:

http://www.umip.com/researchers_guides.htm

Paul

-- 
Paul Waring
http://www.pwaring.com

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