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Publishing to meet INSPIRE obligations

Please note:

  • The structure is based around the viewer being a member and wanting to know more about what the public sector licences allow members to do towards meeting their INSPIRE obligations. If you are not a member, please start from 'Accessing information from members'.
  • This section only applies to the use of Licensed Data.
  • Although the Member Licences refer to the OS OpenData licence and products, they do not apply to their use (including any data either derived from them or datasets that have been accepted as being on terms equivalent to OS OpenData terms) as they are not defined as Licensed Data.
  • But, if your derived data comprises a mixture of Licenced Data and OS OpenData and or Licensee's Data, then the terms of the Member Licence will apply.
  • This guidance also only applies to our intellectual property rights and interests and does not supercede any third party IPR (i.e yours, Royal Mail's, etc).

Answer: Using the End User Licence - INSPIRE ...

allows public sector members to release Licensed Data in order to meet your INSPIRE obligations.

In this context, Licensed Data is limited to data created by you using Licensed Data.

For the avoidance of doubt, this means that any data which has not been created by you may not be supplied under this licence whether as background/reference data or otherwise.

If you are including other data, then the standard End User Licence should be used instead.

Please note: Whilst you may be holders or ‘custodians’ of information as a recipient, your core business may not include you making available third party information unless they have already given their permission for you to do so.

The End User Licence - INSPIRE is drafted on the basis of there being a deemed acceptance or (where used) a ‘click’ acceptance by the the recipient.
The licence:
  • only allows the recipient to use the data for their "personal, non-commercial use", and
  • places the responsibility for the appropriate use of the data on to the End User rather than the public sector member.

You can supply your Licenced Data either as downloadable files or viewed through the provision of Web Mapping Services (WMS) and Web Feature Services (WFS). for more information on these, see the relevant topic in this section.

The End User Licence - INSPIRE (web page) version enables you to use it directly via a ‘hyperlink’ from your web page or web service. Alternatively, you can copy and paste the text into your own document or web page.

We also have a End User Licence - INSPIRE (read only) version available of the Standard Form Ordnance Survey licence that you can save and incorporate as a read-me file 'as and when' supplying data and ensures you meet the terms of your Member Licence.

What about other circumstances when we are supplying INSPIRE-compliant data?

This guidance does not apply when supplying your INSPIRE-compliant data to:

  • other members of the same public sector agreement (i.e. PSMA to PSMA member) irrespective of the use.
  • members of the other public sector agreement (i.e. PSMA to OSMA member) irrespective of the use

    This is because these activities are covered by the respective Member Licence's Data Sharing terms

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Answer: INSPIRE is about enabling the sharing of environmental spatial information among public sector organisations and to better facilitate public access to that data

Infrastructure for Spatial Information in the European Community (INSPIRE)

The INSPIRE Directive is establishing an infrastructure for spatial information in Europe to support Community environmental policies, and policies or activities which may have an impact on the environment.

INSPIRE is based on the infrastructures for spatial information established and operated by the 27 Member States of the European Union. The Directive addresses 34 spatial data themes needed for environmental applications, with key components specified through technical implementing rules. This makes INSPIRE a unique example of a legislative “regional” approach.

The Directive is allowing access to that spatial information, as created by relevant bodies, as opposed to reuse of that information by the viewer ( the End User). If reuse is required, then one of the other data sharing rights of the public sector licences should be used

Visit the INSPIRE website for more information

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Answer: If you are allowing your INSPIRE-compliant data to be downloaded ....

(rather than by a WMS/WFS feed) in support of meeting your INSPIRE obligations and so enabling the recipient to access your Licensed Data for personal use on their computer; then you need to make sure you have covered the following points.

Notes:

  • In this context, Licensed Data is limited to data created by you using Licensed Data.

    For the avoidance of doubt, this means that any data which has not been created by you may not be supplied under this licence whether as as a background/reference data or otherwise.

    If you are including other data, then the standard End User Licence should be used instead.

  • Whilst you may be holders or ‘custodians’ of information as a recipient, your core business may not include you making available third party information unless they have already given their permission for you to do so.

See here for guidance on how to publish location data including INSPIRE data

What else needs to be in place before End Users are able to download the data?

When making your Licenced Data available for download, before they are able to access the data, you must ensure that the End User is clearly made aware of the Public Sector End User Licence – INSPIRE and have accepted the licence terms of use. These are that:

  • the recipient is only allowed to use the data for their "personal, non-commercial use", and
  • places the responsibility for the appropriate use of the data on to the End User rather than the public sector member.

You can allow the licence to be accepted by either the End User:

  • having ‘clicked to accept’ before the download starts, or
  • have been informed that they have been ‘deemed’ to accept the terms through any use of the downloaded data.

Where the Licensed Data you are making available is in raster format, then you need to include a background watermark to identify the source of the Licensed Data at scales of 1:10 000 or larger. This watermark must appear at least once and cover at least 10% of the map image reproduced

Where the Licensed Data you are making available is in vector format (other than via a Web Feature Service (WFS)) then you need to ensure the appropriate copy protection functionality is included.

The ‘Readme file’ that accompanies the Licenced Data includes the dataset’s metadata, a copy of the Public Sector End User Licence – INSPIRE you are using along with all the necessary trademarks and acknowledgements.

What about other circumstances when we are supplying INSPIRE-compliant data?

This guidance does not apply when supplying your INSPIRE-compliant data to:

  • other members of the same public sector agreement (i.e. PSMA to PSMA member) irrespective of the use.
  • members of the other public sector agreement (i.e. PSMA to OSMA member) irrespective of the use

    This is because these activities are covered by the respective Member Licence's Data Sharing terms

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Answer: If you are allowing your INSPIRE-compliant data to be viewed via ....

WMS or WFS feeds as part of meeting your INSPIRE obligations, then you need to ensure these points are covered.

Notes:

  • WMS means Web Mapping Service and WFS means Web Feature Service
  • In this context, Licensed Data is limited to data created by you using Licensed Data.

    For the avoidance of doubt, this means that any data which has not been created by you may not be supplied under this licence whether as background/reference data or otherwise.

    If you are including other data, then the standard End User Licence should be used instead.

  • Whilst you may be holders or ‘custodians’ of information as a recipient, your core business may not include you making available third party information unless they have already given their permission for you to do so.
  • See here for guidance on how to publish location data including INSPIRE data

You are not required to retain details of the end user who is getting access to the Licenced Data under the End User Licence - INSPIRE which:

  • only allows the recipient to use the data for their "personal, non-commercial use", and
  • places the responsibility for the appropriate use of the data on to the End User rather than the PSMA public sector member.

You should make reference the licence in the service and the services metadata by providing links to this licence End User Licence - INSPIRE (or have a copy of the licence as part of a licence on another website).

For WMS View Service you should include the URL of the licence you are using in the following locations:

  • Watermark
  • field of the service GetCapabilities metadata
  • field of the service’s GEMINI Discovery metadata
  • field of the dataset’s GEMINI Discovery metadata

For WFS Download Service you should include the URL of the licence you are using in the following locations:

  • field of the service GetCapabilities metadata
  • field of the dataset’s GEMINI Discovery metadata

For GeoRSS download services are an emerging standard for encoding location as part of a Web feed this includes RSS both RSS 1.0 and 2.0, as well as Atom feeds. If you are using this service:

  • The End User should “click to accept” the version of the End User Licence – INSPIRE that you are using
  • Include a copy of the licence in the downloaded data file
  • Include the URL of the licence in the field of the service GetCapabilities metadata
  • Include the URL of the Licence in the field of the dataset’s GEMINI Discovery metadata

See here for guidance on how to publish location data including INSPIRE data

What about other circumstances when we are supplying INSPIRE-compliant data?

This guidance does not apply when supplying your INSPIRE-compliant data to:

  • other members of the same public sector agreement (i.e. PSMA to PSMA member) irrespective of the use.
  • members of the other public sector agreement (i.e. PSMA to OSMA member) irrespective of the use

    This is because these activities are covered by the respective Member Licence's Data Sharing terms

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Answer: In the metadata, you need to ensure these points are covered

You need to ensure this information is available:

You should reference the licence in the service and the services metadata by providing links to this licence End User Licence - INSPIRE (or have a copy of the licence as part of a licence on another website).

For WMS View Service you should include the URL of the licence you are using in the following locations:

Web Mapping Service (WMS)

Web Feature Service (WFS)

Complete Data Downloads

EUL contained in MetadataYesYesYes
EUL returned by 'GetCapabilities'YesYesYes
Deemed acceptance prior to accessing dataWhere practicableWhere practicableYes
User details captured and retainedNoNoNo
WatermarkingNoNoYes - but only if raster data
Accnowledgement of copyright/database rightsNoNoYes - but only if raster data
Copy protection measuresNoNoYes - but only if vector data

Note: GeoRSS download services are an emerging standard for encoding location as part of a Web feed this includes RSS both RSS 1.0 and 2.0, as well as Atom. If you are using this service:

  • The End User should know they are deemed to have accepted the version of the End User Licence – INSPIRE that you are using (or have 'clicked' to accept it)

and you should also

  • Include a copy of the licence in the downloaded data file
  • Include the URL of the licence in the field of the service GetCapabilities metadata
  • Include the URL of the Licence in the field of the dataset’s GEMINI Discovery metadata
  • why you have produced it,
  • links to the Public Sector End User Licence – INSPIRE

See here for guidance on how to publish location data including INSPIRE data

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Answer: No - you do not need to keep records when ...

you are providing your INSPIRE-compliant Licensed Data to third parties who are going to be using that data for their "personal, non-commercial use".

This is because that use is covered by the End User Licence - INSPIRE and is subject to deemed accept terms (if ‘click to accept’ is not used).

Note: In this context, Licensed Data is limited to data created by you using Licensed Data.

For the avoidance of doubt, this means that any data which has not been created by you may not be supplied under this licence whether as background/reference data or otherwise.

If you are including other data, then the standard End User Licence should be used instead.

Note: If the member is using OS OpenData (or data that has been exempted on terms equivalent to OS OpenData terms) to create their INSPIRE-compliant data then the OS OpenData Licence terms apply.

What about other circumstances when we are supplying INSPIRE-compliant data?

You do not need to keep records when supplying your INSPIRE-compliant data to:

  • other members of the same public sector agreement (i.e. PSMA to PSMA member) irrespective of the use.
  • members of the other public sector agreement (i.e. PSMA to OSMA member) irrespective of the use

    (This is because these activities are covered by the respective Member Licence's Data Sharing terms (see notes below))

When do you need to keep records?

You need to keep records when supplying your Licensed Data to other third parties that is:

  • INSPIRE-compliant data and the recipient is not going to be using that data for their "personal, non-commercial use" *
  • supplied in support of other aspects of your core business *
  • Under the Joint Initiative terms

  • to a Contractor of yours

  • to support an Emergency situation

* data being supplied this way is subject to the recipient accepting the standard End User Licence.

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