Dave

I don't think you can "transfer" the paths from the definitive map - they
get there by being a GIS layer superimposed on and rectified to the OS base
mapping even though they may have been separately surveyed (which I rather
doubt). The dates of most original definitive maps are such that GPS did not
exist and they were drawn by clerks onto OS base mapping on the basis of
written descriptions in surveyors' notebooks etc. Again _ I think you are
free to use the reference numbers and status descriptions from the
definitive map but not the path traces. If I am wrong I have been wasting my
time walking a 1000 km a year along rights of way with a GPS in my sticky
little hand!

Mike Harris
 

> -----Original Message-----
> From: Dave F. [mailto:dave...@madasafish.com] 
> Sent: 25 September 2009 14:30
> To: Tom Hughes
> Cc: OSM Talk
> Subject: Re: [OSM-talk] Breach of Copyright?
> 
> Tom Hughes wrote:
> > On 25/09/09 13:16, Dave F. wrote:
> >
> >> I had an email conversation with the mapping officer from my local 
> >> council. He intimated that the data relating to public 
> rights of way, 
> >> and its associated copyright, would belong to the Local 
> Council. When 
> >> they make a legal order to record a public right of way 
> they send a 
> >> copy of the order to the OS who then copy the line of the right of 
> >> way onto their own maps.
> >
> > In principle that is correct - the problem arises if the 
> council has 
> > referred to an OS map in any way while defining the right 
> of way. If 
> > they have then the OS will claim it is a derived work and 
> infected by 
> > their copyright etc.
> >
> > Tom
> >
> The map he sent is titled as a Definitive Map. It has an OS 
> underlay, but the information laid on top is compiled from 
> Council gathered info. 
> eg GPS survey equipment from an independent company employed 
> to produce the definitive maps.
> It would come down to what you, I, council & OS mean by 
> 'define' I suppose.
> 
> This is the copyright at the bottom:
> "Reproduced from the Ordnance Survey mapping with the 
> permission of the Controller of Her Majesty's Stationery 
> Office © Crown Copyright.  
> Unauthorised reproduction infringes Crown copyright and may 
> lead to prosecution or civil proceedings."
> 
> Note it says 'reproduced' not produced. Not sure if that is 
> significant or not.
> 
> If I was to transfer the paths, I wouldn't be copying the OS 
> underlay map just the ways of the path. Does that make a difference?
> 
> Cheers
> Dave F.
> 
> 
> 
> 
> 


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