On Tue, 8 Dec 2020 at 12:37, Dave F <davefoxfa...@btinternet.com> wrote: > On 08/12/2020 12:08, Robert Whittaker (OSM lists) wrote: > > On Tue, 8 Dec 2020 at 09:39, Mark Lee via Talk-GB > > <talk-gb@openstreetmap.org> wrote: > >> Hello. I've just added a missing public bridleway > >> (https://www.openstreetmap.org/way/882278479) which is detailed on the > >> Wiltshire Definitive Map. > > Generally these maps have lines drawn on top of > > Copyrighted Ordnance Survey base-maps, which means they're off-limits > > for use in OSM. > > Do you have evidence of this being the case? Has someone from OS (or > anyone outside OSM) stated that?
Since the Definitive Maps are someone else's work, without a licence / permission, we aren't allowed to make use of them in OSM. So the question is usually moot. I'm not aware of any instances of a Surveying Authority granting a re-use licence for its definitive maps. But, generally speaking, the base-map will contain a OS copyright notice, and OS have historically claimed derived data rights over anything drawn on top of their base-maps. This would mean that local authorities aren't able to authorise any re-use. That's changed slightly in the last few years, with OS's "Presumption to Publish" policy. But this makes it clear that it's only the derived data on its own (and not the basemaps) that third-parties are able to licence. See https://www.ordnancesurvey.co.uk/business-government/licensing-agreements/presumption-to-publish-form and in particular point 5: "For example, you can’t use OS licensed data as a background picture to give your data better real-world context." The upshot of this is that Councils are able to allow re-use of their Rights of Way data if it's separated from the OS base-map (e.g. as a stand-alone GIS file), but not the Definitive Maps themselves. I guess if a council is still using a very old OS base-map that has since gone out of copyright, things might be different. But you'd still need an explicit licence from the council if their depictions of the Rights of Way were still in copyright. And there's a question about the status of derived data rights on derivations made while the base-maps were still in copyright. Robert. -- Robert Whittaker _______________________________________________ Talk-GB mailing list Talk-GB@openstreetmap.org https://lists.openstreetmap.org/listinfo/talk-gb
