On 6 June 2013 08:11, Nick Whitelegg <nick.whitel...@solent.ac.uk> wrote:
> Just wondering what the current state of what we can do with the UK council
> footpath open data is?

[ I previously posted this to legal-talk, but seeing as all the
discussion is taking place here now... ]

It will depend what data you are referring to. But the general rule
will apply: you can only use data/information that is subject to
someone else's copyright if you either have explicit permission to use
it in OSM, or permission to use it under a license that's compatible
with OSM's license.

* In the case of current OS Landranger and Explorer maps showing
Public Rights of Way, these are copyright Ordnance Survey. I'm not
aware of OS giving any permissions to re-use these maps, and so are
not usable in OSM.

* In the case of the Definitive Maps maintained by each council, then
these contain IP rights belonging to both the Council and Ordnance
Survey. I'm not aware of OS giving any permissions to re-use these
maps themselves. Hence they're not usable for OSM.

* In the case of GIS data for PRoW routes derived from Definitive
Maps, these also contain IP rights belonging to both the Council and
Ordnance Survey. However, under the Public Sector Mapping Agreement,
the councils can apply for permission from OS to release them under
the OS OpenData License. However, there are question marks over
whether this license is compatible with the ODbL+DbCL used by OSM. The
most recent statement I'm aware of from OS maintains that their
license is not compatible, and hence we shouldn't make use of this
data in OSM (unless we can obtain separate explicit permission from
both the council and OS). See
http://robert.mathmos.net/osm/prow/council-gis.html and
http://robert.mathmos.net/osm/os-open-data.html for more discussion.

* In the case of the Definitive Statements that each council must
maintain, OS has publicly stated that they don't claim any rights in
them, so the only IP rights rest with the council. Hence if you can
obtain permission from the Council (either explicitly for OSM, or
under a suitable licence), then it is ok to use them for OSM. For some
advice about how to obtain  Defintiive Statements and ask for
permission to use them in OSM, see
http://robert.mathmos.net/osm/prow/council-docs.html

Having said that, while various sources listed above are not usable
directly in OSM, there's nothing to stop you using such a source to
look for discrepancies in the current OSM data, and then using that
information to choose where to survey or search other sources for
information that can be used for OSM mapping. However, doing this,
you'd have to be careful that whatever you map in OSM comes only from
the sources you can use, and isn't tainted by the sources that you
can't.

Hope that helps,

Robert.

-- 
Robert Whittaker

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