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Sharing derived data

The Member Licence allows members to share data with others in a number of ways to support the member's core business.

Please note:

  • The structure is based around the viewer being a member and wanting to know more about what the public sector licences allow. If you are not a member, please start from 'Accessing information from members'.
  • While the data sharing with others section is about who you want to share your Licensed Data with; this section is more about understanding what we mean about derived data and the arrangements available to PSMA and OSMA members to extend the sharing of their derived data beyond the Member Licence.
  • There are a number of changes to this section as we have introduced a ‘presumption to publish’ approach for datasets members have derived from OS data. This improves the existing exemptions process by extending the streamlined notification method and enabling you to release more of your Derived Data under open terms.
  • This guidance only applies to our intellectual property rights and interests and does not relate to or supercede any third party Intellectual Property(IP) rights (e.g. Royal Mail's, etc.). If the derived data includes the IP of third parties, you are strongly advised to obtain the necessary permission(s) from them.

Select the heading that is appropriate for the derived dataset you wish to make available on open data terms. You will then see the criteria and be able make your notification.

Answer: This is a process that allows members to request that our IPR interests in your derived data ...

(having been sourced from Licensed Data), can be licensed under Open Data licence terms or could be regarded as being 'Free to Use' data.

There are two applications processes:

  • Streamlined - where we have defined specific criteria. With these, you are only required to send us a confirmation notice of your intention to publish, using a notification form available in the members area.
  • Standard - where a full proposal form has to be completed and submitted

The 'streamlined' option is the approach we are adopting for our ‘presumption to publish’ approach for datasets you have derived from Licensed data.

By improving the existing exemptions process through extending the streamlined notification method, we are enabling you to release more of your Derived Data under open terms.

Under these new arrangements, it is not envisaged that you will need to submit many 'Standard' applications. However, you may wish to do so if your dataset 'substantially' copies our Licensed Data products.

To remind you, before submitting a 'standard' exemption request, there are many other data sharing circumstances already catered for under the Member Licence, so please familiarise yourself with the data sharing with others guidance. You are encouraged to discuss your proposals with your Relationship Manager / Helpdesk.

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Answer: Since the introduction of the public sector mapping agreements and the derived data 'Exemptions' process ...

we have been constantly seeking to introduce additional simplified procedures where we have been able to define specific criteria for commonly-produced datasets.

Until February 2015, we had 6 criteria-based arrangements available (Public Rights of Way, School Catchment Areas, Conservation Areas, Areas for Development, Public Conveniences and a more 'Generic' version) where members just had to notify us that they were making their derived dataset available under terms equivalent to OS OpenData Terms.

In addition, there have been other legislative changes (such as the Local Government Transparency Code (England) and Local open data incentive scheme submissions (England))

With the broadening of our open data arrangements, we are now adopting a 'presumption to publish' approach for all public sector derived data which does not 'substantially copy' our Licensed data.

To support this, we have added 'presumption to publish' notification alongside the other 'streamlined' exemptions (you will need to use your members login).

All these notifications can all be found under the "how to notify us ..." question in this section.

Notes:

  • The intention for this change in our approach to derived data is to better support the Government's transparency agenda and to allow members of the public sector agreements to publish more of their derived data on open data terms, should they choose to do so.
  • In doing this, we are also conscious that, as a result of making more information available in the public sector licensing guidance, you may be approached by third parties seeking that you make more of your derived data to be freely available on those open data terms. These requests may include references as to how your derived data can be seen as meeting the criteria we have published.
  • To clarify the position and to reassure members, whilst we have extended the derived data arrangements, it is still entirely down to your own business decision-making and governance procedures to determine whether its use is appropriate and or your own organisation’s preferences for releasing your OS derived data available under the options we are providing.
  • the position regarding your use of Licensees Data, OS OpenData products and 'Free to Use data' has not changed.
  • We would also like to remind you and others that this guidance only applies to our intellectual property rights and interests and does not relate to, or supersede, any third party Intellectual Property (IP) rights.

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Answer: These are the criteria you need to meet.

  • The derived data must have been created by the Highway (and or Surveying) Authority with a legal obligation to maintain the Definitive Map and Statement of PRoW for the area in question.
  • Whilst the position of the PRoW may have been inferred from topographical features depicted on our data, the information relating to the existence of the PRoW must have been sourced independently.
  • Whilst some of the PRoW may be coincident with the tracks and paths shown on our mapping, those features must not have been the source of the PRoW data itself.
  • The PRoW dataset must not include features and/or attribution sourced from Ordnance Survey’s Licensed Data.

Use this link to notify us of your PRoW dataset (you will need to use your members login).

Please note:

  • Use of this notification is for England and Wales only and was introduced due to the legal obligation by the Highway (and Surveying Authority) to maintain the Definitive Map and Statement of PRoW for the area in question.
  • The notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If your dataset includes the IP of a third party, you must ensure that you also have the necessary permission(s) from them. If a Scottish authority wishes to make their comparable data available, if it qualifies, you can now use this link to notify us (you will need to use your members login).

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Answer: These are the criteria you need to meet.

  • The derived data has been created by you (in association with other Authorities where applicable) in your capacity as the Authority, or Authorities, responsible for defining the SCA for the area in question.
  • Whilst some of the SCA boundaries may be coincident with features shown on our mapping, only those features that actually form part of a SCA boundary have been included in the dataset.
  • No attribution sourced from our Licensed Data has been included within the dataset.

Use this link to notify us of your SCA dataset (you will need to use your members login).

Please note:

  • This notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If a dataset includes the IP of a third party, you must ensure that you also have the necessary permission(s) from them.

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Answer: These are the criteria you need to meet.

  • The derived data has been created by you, as the authority responsible for defining Conservation Areas for the area in question under the terms of the Planning (Listed Buildings and Conservation Areas) Act 1990.
  • Whilst some of the Conservation Area boundaries may be coincident with features shown on our mapping, only those features that actually form part of a Conservation Area boundary may be included in the dataset.
  • No attribution sourced from our Licensed Data may be included within the dataset.

Use this link to notify us of your Conservation Areas dataset (you will need to use your members login).

Please note:

  • By Conservation Areas we mean those areas as created under the terms of the Planning (Listed Buildings and Conservation Areas) Act 1990.
  • The notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If your dataset includes the IP of a third party, you must ensure that you also have the necessary permission(s) from them.

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Answer: These are the criteria you need to meet.

  • The area involves the creation of:
    • 10 or more residential units; and/or
    • A residential development on a site of 0.5 hectares or more; and/or
    • A non-residential development on a site of at least one hectare; and/or
    • A change of use of 1,000 square metres or more of gross floor space (not including housing).
  • The dataset has been created by you, as the authority responsible for granting planning permission in the area in question.
  • Whilst some of the boundaries shown on the Areas for Development datasets may be coincident with features shown on our mapping, only those parts of the features that actually form part of an Area for Development boundary are included in the dataset.
  • No attribution sourced from our Licensed Data is included within the dataset.

Use this link to notify us of your Areas for Development dataset (you will need to use your members login).

Please note:

  • By Areas for Development we mean polygon datasets depicting areas for which planning permission has been requested and/or granted for large-scale housing, employment or mixed-use developments.The notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If a dataset includes the IP of a third party, the licensee must ensure that they also have the necessary permission(s) from them.

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Answer: These are the criteria you need to meet.

  • The derived data has been created by you in your capacity as the Authority that owns and/or operates the Public Conveniences featured in it.
  • The locations of the Public Conveniences are represented by any combination of address, UPRN and/or eastings and northings (x,y co-ordinates).
  • No other attribution sourced from Ordnance Survey's Licensed Data has been included within the dataset.
  • The dataset is made available free of charge on allow terms equivalent to OS OpenData terms.

Use this link to notify us of your Public Conveniences dataset.

Please note:

  • This notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If your dataset includes the IP of a third party, you must ensure that you also have the necessary permission(s) from them.

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Answer: These are the criteria you need to meet.

These allowances do not apply to the extent that the derived data has been created using Royal Mail data (as defined in the Member Licence), or any other third party data.

Use this link to notify us (you will need to use your members login)

Notes:

  • By 'available on data.gov' we mean that at least the metadata (which signposts where the data is available from) for your derived dataset is listed on the data.gov website (or Scotland's equivalent). It does not mean that the dataset itself has to be on data.gov.
  • The position regarding your use of Licensees Data, OS OpenData products and 'Free to Use data' has not changed as they are not regarded as being 'Licensed Data' under the Member Licence.
  • This notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If your dataset includes the IP of a third party, you must ensure that you also have the necessary permission(s) from them.
  • If you are unsure whether your derived dataset meets any of the above criteria, please contact your Relationship Manager or the Public Sector Helpdesk.
  • Longer term, it is our intention to phase out the use of the other notification links

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Answer: These are the criteria you need to meet

  • The approval criteria is based on characteristics of the derived dataset and not its purpose or application
  • there is no automatic requirement for you to provide sample data before approval
  • the online application process provided you with immediate approval for qualifying datasets

The full criteria, along with explanations, guidance and examples of use can be found here (PDF)

Use this link to notify us of your ‘Generic’ dataset (you will need to use your members login).

Notes:

  • You only need to use this where the standard provisions of PSMA / OSMA do not enable your objectives to be met and the other streamlined exemption processes for datasets with specific content (e.g. 'presumption to publish' and School catchment areas) are not applicable
  • If the criteria are not met, or you are unsure that they have been met you can still apply for an exemption using the standard derived data exemption process.
  • This notification only relates to our interests as we can only allow terms equivalent to OS OpenData terms in respect of our IP.
  • If your dataset includes the IP of a third party, you must ensure that you also have the necessary permission(s) from them.
  • If you are unsure whether your derived dataset meets any of the above criteria, please contact your Relationship Manager or the Public Sector Helpdesk.

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Answer: You only need to request a Standard exemption

where the standard provisions of PSMA / OSMA do not enable your objectives to be met and the other streamlined exemption processes for datasets with specific content (e.g. 'presumption to publish' and School catchment areas) are not applicable.

You make the application by completing and submitting a full proposal form.

Before you do, you should have looked at the data sharing with others guidance section (as many data sharing circumstances are already catered for there) and if the derived data you have created isn't one of these:

When completing a Standard exemption proposal form, your answers should be constructed as to why you believe your Member Licence does not meet your requirements in making your derived data available.

Members are encouraged to discuss their proposals with their Relationship Manager as soon as is practicable and before making their submission.

PSMA members should send the completed forms to psma@os.uk and OSMA members to osma@os.uk.

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Answer: Derived data means ....

data and or hard copy information created by you using (to a greater or lesser degree) data products supplied and licensed by OS, see our Intellectual Property (IP) policy.

For the avoidance of doubt, if you make a direct copy of a product supplied by OS - that copy is not derived data.

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Answer: You only need to discuss your proposals with us after you have...

If you have established the above, that is the time to discuss your proposals with your Relationship Manager or the Public Sector Helpdesk, it may be that they can provide you with some additional guidance and will discuss with you how to proceed. So that we can help you, we will be likely to ask you to provide the following information:

  • which of our products you have used to create the derived data
  • the extent of the coverage, the data content and what you have done to make your data different from ours (we may also ask for a sample of the data to review)
  • how you are intending to make the data available, including your approach to licensing and charging arrangements.

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Answer: If your derived dataset that you are making available on Open Data terms has ...

already been notified to us under a streamlined option (e.g. Public Rights of Way, School Catchment Ares, etc.), or we had approved your derived data exemption application on terms equivalent to OS OpenData terms, then you do not need to re-apply.

If you are refreshing the dataset, you may also like to move across to the Open Government Licence (v3) terms.

Notes:

  • If you are using hyperlinks to our OS OpenData licence, this already links to the new Open Government Licence.
  • We are reviewing those applications that were originally turned down and may have already been in contact with you. Even if we haven't, you are still welcome to consider whether your dataset now fits the new arrangements and, if if it does, make your notification to us.

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Answer: If these new principles don't apply, you can share your derived data with others.

For more guidance, have a look at the data sharing with others section, which covers many of the activities that public sector members undertake.

The Member Licence applies to:

  • all the products listed in Appendix 2 of your Member Licence
  • any data created by you (and or another member) that includes any elements of those products,,

The Member Licence does not apply to:

Please note:

  • The intention for this change in our approach to derived data is to better support the Government's transparency agenda and to allow members of the public sector agreements to publish more of their derived data on open data terms, should they choose to do so.
  • In doing this, we are also conscious that, as a result of making more information available in the public sector licensing guidance, you may be approached by third parties seeking that you make more of your derived data to be freely available on those open data terms. These requests may include references as to how your derived data can be seen as meeting the criteria we have published.
  • To clarify the position and to reassure members, whilst we have extended the derived data arrangements, it is still entirely down to your own business decision-making and governance procedures to determine whether its use is appropriate and whether you wish to make your derived data available under the options we are providing.
  • We would also like to remind you and others that this guidance only applies to our intellectual property rights and interests and does not relate to, or supersede, any third party Intellectual Property (IP) rights or your own organisation’s preferences for releasing your OS derived data.

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Answer: No - you do not need to keep records when you are making your derived data available on Open Data terms.

You just need to have notified us about the derived data you are making available in that manner.

There are some circumstances when records will be required, such as when you are providing Licensed Data to others by other routes, for more information see the data sharing with others section.

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Answer: To find out, you need to look at the member's own website ...

and then contact them to find out.

There are some circumstances where it is not possible for the derived data to be released on Open Data terms, for more information see the 'Sharing data with others' section of this guidance.

Alternatively, you may like to search the Data.gov website or Scottish Government Spatial Data Infrastructure's website to see if they have made it available that way.

Please note:

  • To see some examples of types of derived data datasets that have had exemptions approved.
  • We used to maintain lists of all the 'exempted' derived datasets here but, as we have now moved to a notification process with a 'presumption to publish as open data' basis, this is no longer feasible.
  • As the notification only relates to Ordnance Survey interests, there is no guarantee that the data has been made available by the member, especially if there are other IP interests involved.

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Answer: Following the announcements about the broadening of our open data arrangements ...

we have extended our derived data exemptions approach with a 'presumption to publish' option. This approach supports the Government's transparency agenda and will allow members of the public sector agreements to publish more of their derived data on Open Data terms.

In doing this, we are also conscious that, as a result of making more information available in the public sector licensing guidance, you may be approached by third parties seeking that you make more of your derived data to be freely available on those open data terms. These requests may include references as to how your derived data can be seen as meeting the criteria we have published.

To clarify the position and to reassure members, whilst we have extended the derived data arrangements, it is still entirely down to your own business decision-making and governance procedures to determine whether its use is appropriate and or your own organisation’s preferences for releasing your OS derived data under the options we are providing.

We would also like to remind you and others that this guidance only applies to our intellectual property rights and interests and does not relate to, or supersede, any third party Intellectual Property (IP) rights.

How to qualify

As headlines, in order to qualify your derived dataset must be one that:

  • has been created by you as part of the delivery of your core business activity
  • is being released independently of the source Licensed Data used to create it
  • includes your attribution for each point , line or polygon feature
  • is not a competing or commercial product or service (for more information see those definitions)
  • must be made available* on Data.gov website or Scottish Government Spatial Data Infrastructure's website as appropriate under the Open Government Licence (v3) terms
  • includes the appropriate acknowledgement, and
  • does not 'substantially'** copy of any of our Licensed Data, or
  • it meets the criteria of being a public sector asset dataset
  • Notes:

    * By 'available' we mean that at least the metadata (which signposts where the data is available from) for your derived dataset is listed on data.gov or Scottish Government Spatial Data Infrastructure's website. It does not mean that the dataset itself has to be on data.gov.

    ** to see Some examples of what does and does not form substantial copying

    However, please note that, notwithstanding the criteria used to determine substantial copying, OS has agreed that data which meets the criteria for being a public sector asset dataset can be published under the 'presumption to publish' approach.

    This means that we will also permit the release of the OS x,y co-ordinates specifically for your public sector assets databases, together with the associated AddressBase UPRN.

    For the avoidance of doubt, this includes local government members in England to release the address data with associated co-ordinates and AddressBase UPRNs, for any of their public asset derived datasets that are created to meet the requirements of the Local Government Transparency Code (England).

    The above is also subject to your having permission from Royal Mail in relation to the release of any data derived from PAF.

    Use this link to notify us

    Read more details of our new approach here.

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    Answer: We need this information for 2 reasons ...

    1. It enables us to monitor the number, and potentially the value, of openly released datasets, and
    2. It means that we will be aware of the datasets being released, which will also assist us in ensuring that the exemptions process is being used appropriately.

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    Answer: If your derived dataset does not meet our Open Data criteria ...

    it may be because it is a dataset that 'substantially copies' our Licenced Data products.

    See some examples of what does and does not form substantial copying

    In these circumstances it is likely that our commercial terms will apply if you wish to release this data beyond the terms of the Member Licence. We will work with you to ensure you are clear about what this entails. So that we can help you, we will ask you to provide the following information:

    • which of our products you have used to create the deriverd data
    • the extent of the coverage, the data content and what you have done to make your data different from ours (we may also ask for a sample of the data to review)
    • how you are intending to make the data available, including your approach to licensing and charging arrangements

    To remind you, many data sharing circumstances are already catered for under the Member licence, so please familiarise yourself with the 'Sharing data with others' section of this guidance.

    If you believe neither your public sector licence nor the Open Data arrangements meet your requirements in making your derived data available, please contact your Relationship Manager or our Public Sector Helpdesk.

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    Answer: This is because we are in the information business and ...

    our income mainly depends on the licensing of our intellectual property (IP).

    If data which substantially copies our Licenced Data and is then made available on open terms, there is a risk thatsuch release will negatively impact our commercial business, or that of our partners.

    Some examples of what does and does not form substantial copying

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    Answer: Yes, in the event that there is a disagreement between you and OS ...

    as to whether your dataset meets the requirements of the 'presumption to publish' (or any of the other the exemptions) criteria, either party may notify the other in writing that it intends to refer the matter to the Independent Advisory Group and the parties shall then discuss how to resolve the matter.

    Where a resolution cannot be agreed within 20 Working Days of notification or, where the dataset has already been released and you refuse to cease release immediately, either you or OS may then refer the matter to the Independent Advisory Group for review and recommendation.

    The appeal will be dealt with in accordance to the 'Exemptions Process' in the Member Licence (section 2.5).

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    Answer: No, it is not always necessary, as the member licence allows you to make your Licenced Data available in a number of ways

    Before considering an exemption, please look at these sections:

    Notes:

    • The intention for this change in our approach to derived data is to better support the Government's transparency agenda and to allow members of the public sector agreements to publish more of their derived data on open data terms, should they choose to do so.
    • In doing this, we are also conscious that, as a result of making more information available in the public sector licensing guidance, you may be approached by third parties seeking that you make more of your derived data to be freely available on those open data terms. These requests may include references as to how your derived data can be seen as meeting the criteria we have published.
    • To clarify the position and to reassure members, whilst we have extended the derived data arrangements, it is still entirely down to your own business decision-making and governance procedures to determine whether its use is appropriate and or your own organisation’s preferences for releasing your OS derived data under the options we are providing.
    • We would also like to remind you and others that this guidance only applies to our intellectual property rights and interests and does not relate to, or supersede, any third party Intellectual Property (IP) rights.

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    Answer: You can aggregate derived datasets for your use, but check what the licensing arrangements are before doing so.

    This is because you should not assume that all the component datasets that you are interested in using have been (or can be) released on terms equivalent to Open Government Licence terms.

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