[OSM-legal-talk] Crown copyright, OS and year of publication

2008-04-07 Thread Tim Sheerman-Chase

Hi All,

On the wiki for out of copyright maps, it states:

 Maps published by the Ordnance Survey are Crown Copyright as 
 stipulated in the terms of The Copyright, Designs and Patent Act 1998 
 (http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm). 
 Therein, Chapter X. Section 163, states:
 *snip*

 (b) if the work is published commercially before the end of the period 
 of 75 years from the end of the calendar year in which it was made, 
 until the end of the period of 50 years from the end of the calendar 
 year in which it was first so published.

 Since most Ordnance Survey maps have been published and and are 
 classed as literary or artistic works produced by a government 
 organisation, not one indetifiable person, Crown Copyright on them 
 expires 50 years after the end of the calendar year in which a 
 mapsheet was FIRST published.
http://wiki.openstreetmap.org/index.php/Out_of_copyright

Is that interpretation about the FIRST year of publication definitely 
correct? Or should it be the year of last update? Has this been 
discussed before?

If this is not correct, or it is uncertain, the wiki page should be updated.

Regards,

Tim


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Re: [OSM-legal-talk] Crown copyright, OS and year of publication

2008-04-07 Thread Richard Fairhurst
Tim Sheerman-Chase wrote:

 http://wiki.openstreetmap.org/index.php/Out_of_copyright

 Is that interpretation about the FIRST year of publication definitely
 correct? Or should it be the year of last update? Has this been
 discussed before?

The FIRST is pretty meaningless. The 1954 revision of a map was  
first published in 1954. The 1959 revision of a map was first  
published in 1959... and so on. All that means is that a simple  
reprint doesn't create a new copyright.

Where the wiki page says:

Consider this actual example for OS 2.5 inch map NZ25 (edition code  
B/): Made and published by the Director General of the Ordnance  
Survey, Chessington, 1954. Reprinted with corrections 1959. The date  
of first publication is by definition the stated date of publication  
and for this mapsheet is 1954 (not 1959, which indicates it is only a  
reprint made in 1959). Thus, for this mapsheet Crown Copyright will  
have expired at 24.00UTC December 31st 2004, even though it shows  
information correct as of 1959.

...then I believe it's wrong. It's not only a reprint made in 1959,  
it's a reprint with corrections, and if those corrections are  
substantial enough to be copyrightable, then a new copyright applies  
from 1959.

The section in question was written by a contributor signing  
themselves Geo and with no other changes to the OSM wiki to their  
name.

I'll update it.

FWIW, I've always erred very much on the side of caution for the NPE  
scans, using 50 years after the last possible date as the cut-off.

cheers
Richard

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