Re: [OSM-legal-talk] OS Copyright Notice and Year

2009-03-23 Thread Richard Fairhurst

TimSC wrote:
 The safe move move might be to use the latest date. Now based 
 on the Office of Public Service Information web page the copyright 
 year IS the year of first publication

My understanding is that this could refer to first publication of the
revised edition - in other words, take the latest date. It might be worth
asking on the ordnancemaps list, though.

cheers
Richard
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Re: [OSM-legal-talk] OS Copyright Notice and Year

2009-03-23 Thread Andy Robinson (blackadder-lists)
Using the last date is the approach I take for the 1:25,000
provisional/first edition maps I'm collecting. Most don't have a copyright
date but luckily I have the excellent book on the 1:25,000 series written by
Peter Hellyer which confirms what year a particular map edition/print
edition appeared in the OS's official catalogue. I'm using this as a basis
of when a map was actually published.

Arguably those print editions of a map which state reprinted with minor
corrections are principally the same as their original counterparts, mostly
only a few major new roads (e.g. the early by-passes) were added between
versions or a new airfield popped up, that sort of thing. There is a good
chance that these later versions still have the earlier copyright status but
because I can't be sure I stick with the later date that these later print
editions were published.

Luckily many of these minor corrected versions were produced only a few
years after their original counterparts and thus it's not too long to wait
for many to loose their copyright where I can't get hold of the original
version at a low cost. With over 2000 to collect in all price per map is an
important factor.

Cheers
Andy

-Original Message-
From: legal-talk-boun...@openstreetmap.org [mailto:legal-talk-
boun...@openstreetmap.org] On Behalf Of Richard Fairhurst
Sent: 23 March 2009 10:33 AM
To: legal-talk@openstreetmap.org
Subject: Re: [OSM-legal-talk] OS Copyright Notice and Year


TimSC wrote:
 The safe move move might be to use the latest date. Now based
 on the Office of Public Service Information web page the copyright
 year IS the year of first publication

My understanding is that this could refer to first publication of the
revised edition - in other words, take the latest date. It might be worth
asking on the ordnancemaps list, though.

cheers
Richard
--
View this message in context: http://www.nabble.com/OS-Copyright-Notice-
and-Year-tp22625617p22657538.html
Sent from the OpenStreetMap - Legal Talk mailing list archive at
Nabble.com.


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[OSM-legal-talk] OS Copyright Notice and Year

2009-03-20 Thread TimSC
Dear talk-legal,

I want to confirm the situation on OS crown copyright and specifically 
maps with a copyright notice and year in the bottom left of the map. 
Before 1959-ish, most OS maps did not have a copyright notice and the 
year of first publication was difficult to determine. The copyright 
notice was introduced in more recent maps. For example, on one arbitrary 
map sheet it has several different dates:

Difference from grid north, (2) mag north, about 9 deg west in 1965

Made and published by the Director General of the OS, Chessington, 
Surrey 1960
Reprinted with minor changes 1965

Crown copyright (C) 1960

Revision information
Fully revised 1954-57
Major roads revised 1964

The safe move move might be to use the latest date. Now based on the 
Office of Public Service Information web page the copyright year IS the 
year of first publication:

6. All copyright works made by officers or servants of the Crown in the 
course of their duties qualify for Crown copyright protection under 
section 163 of the Copyright, Designs and Patents Act 1988 (CDPA88). 
These copyrights are owned by Her Majesty the Queen. There is no 
departmental copyright. It is incorrect, therefore, to refer to works 
produced by government as being the copyright of a specific department. 
Accordingly, most of the material issued by departments should include 
the following statement:

(C) Crown copyright [followed by year in which the work was first 
published]. [1]

and the year of first publication is what determines when a sheet passes 
out of copyright:

(3) Crown copyright in a literary, dramatic, musical or artistic work 
continues to subsist—

(a) until the end of the period of 125 years from the end of the 
calendar year in which the work was made, or

(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. [2]

Another way of stating my point is: what function does the copyright 
year serve if not determining the copyright elapse year? Any concerns 
with this interpretation? Is the OPSI website binding on the OS?

Given the wonderfully anarchic style of mapping standards in OSM, not 
having an authority which could made a final decision is a mixed 
blessing. I imagine some might advise to play it safe on legal issues, 
but there is always a possibility someone (not necessarily me) will 
start tracing maps with ambiguous copyright status. A solution is to 
resolve this issue head on. Is it possible to get professional legal 
advice on this?

Regards,

TimSC

[1] 
http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/copyright-and-publishing
[2] http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_8


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