Superseded mapping licensing and copyright

Thank you for your e-mail dated 8th March 2010. We are pleased to provide you with the following response, and reply to each of your questions in turn: 

1. Does or has Ordnance Survey licensed private individuals to make digital (i.e scanned or photographic) rather than photocopied extracts of superseded paper mapping of any scale that remains within copyright?  If not, why does it draw a distinction between photocopies and digital copies (which may be required, for example, for digital incorporation onto a thesis that is subsequently turned into a .pdf format)?

For Ordnance Survey maps which are less than 50 years old, copying is likely to be an infringement of Crown Copyright unless such copying falls within the exceptions in the Copyright Designs and Patents Act 1988 ('the Act').  The Act sets out in detail what can and cannot be done with any material protected by copyright.

The act permits very limited copying for the purposes of: Private Study and Non-commercial research, criticism, review and news reporting, provided that any copy is accompanied by the following acknowledgement (unless such acknowledgement is impossible for reasons or practicality or otherwise):

©Crown Copyright. Reproduced by permission of Ordnance Survey^®; or

Parliamentary or judicial proceedings,  

To particularly assist library and archive users and staff, who may provide access to the source mapping used for such copying, Ordnance Survey and the Libraries and Archives Copyright Alliance (LACA) have produced guidance for the copying of Ordnance Survey maps.  
In addition Ordnance Survey has reached an understanding with the Libraries and Archives Community represented by LACA that in appropriate circumstances Ordnance Survey will not object to up to four copies of no more than 625 sq cm being made provided the other requirements of section 39(2) of the Act are satisfied.  This provision is intended to give scope for users who (for example) need to produce multiple copies for inclusion in academic theses or dissertations.

This guidance relates to photocopying, scanning and tracing of paper maps and the printing of electronic map data. 

Q1 (clarified) In relation to Q1, I should have made it clear that in asking whether OS licenses private individuals to make digital images, the size of image I was concerned with was of A3 size – i.e. larger than the 625 sq cm (A4) permitted under the 1988 act guidelines.  In seeking the information, I am trying to ascertain whether the OS licenses private individuals, as well as commercial organisations to produce digital copies of in-copyright superseded mapping that is larger than 625 sq cm.

Subject to credit checks and you entering into our standard licensing terms, we allow anyone to entering into the relevant licensing agreement with us to be able to create a digital dataset in this way then.   We do not differentiate between businesses and individuals, but the licence terms and royalties will be the same regardless.

2. Does or has Ordnance Survey entered into license agreements with commercial organisations to allow them to make digital copies of superseded paper mapping that remains within copyright?

Ordnance Survey has a number of agreements with commercial organisations, who have been licensed to produce digital copies of in-copyright superseded mapping.

3. Has Ordnance Survey entered into any arrangement with commercial organisation (such as ProMap or Groundsure) that prevent or limit it issuing licences to private individuals to copy digitally extracts from superseded paper large scale (1:2500) mapping held by copyright deposit libraries published between 1960 and 1995.

No , none of Ordnance Survey's agreements with commercial organisations relate to the activities of Legal Deposit Libraries (Copyright Libraries) .

3 (Clarified) In relation to Q3, I was not seeking information about whether OS’s agreements with commercial organisations relate to the activities of Legal Deposit Libraries.  The question was do the agreements with commercial organisations to produce digital copies of in-copyright superseded mapping, limit or prevent OS issuing licences to private individuals to make copies of in-copyright superseded mapping larger than 625 sq cm.

Subject to credit checks and you enter into our standard licensing terms, we allow anyone to entering into the relevant licensing agreement with us to be able to create a digital dataset in this way then.   We do not differentiate between businesses and individuals, but the licence terms and royalties will be the same regardless.

4. Is Ordnance Survey committed to the principles of the HMSO 'Information Fair Trader Scheme.

Yes, Ordnance Survey is accredited as a full member of the Scheme and is committed to its principles. 

In each case the reference to 'private individuals' should be taken as to mean that any copy of a map would be for private study and non commercial research.'

Please note that your enquiry has been processed to Freedom of Information guidelines.  As all requested information has been provided, we have determined that in all the circumstances of this case the Public interest consideration (section 17 FOIA) is not applicable in this instance.

If you are unhappy with our response, you may raise an appeal to our Appeals Officer at:

Complaints Team

Customer Service Centre

Ordnance Survey

Romsey Road

SOUTHAMPTON

SO16 4GU  

Please include the reference number below. The Appeals Officer will ensure that the process has been followed correctly, questioning any decisions taken regarding the original response and recommending disclosure of additional information if appropriate.

Thank you for your enquiry.

Reference number: FOI1046/March 2010