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Licensing Jargon

This section contains many of the more common terms used in the public sector licences

Answer: Public sector asset datasets

Notwithstanding that public sector asset datasets may comprise a substantial copy of our Licensed Data, within our 'presumption to publish' approach we are including public sector asset datasets so that, once we have been notified, you can release those derived datasets of yours on Open Data terms.

As specific examples of Public sector asset datasets this includes those being made available under:

  • the Local open data incentive scheme, which included Public Conveniences, Licenced Premises and Planning Applications. We have already enabled Public Conveniences to be released on terms equivalent to OS OpenData terms that included the UPRN as a separate derived data exemption notification.
    Under this arrangement, you’ll now be able to do the same for Licenced Premises dataset and for information collated as part of a Planning Applications dataset*
  • the Local Government Transparency Code can now include the x,y co-ordinates and the UPRN.

* Polygons created as part of planning applications datasets are not currently covered by our 'presumption to publish' approach, as they’re likely to form a substantial copy of the data they are created from.

But, it’s not just local government organisations in England that can benefit from providing this data.

All Public Sector organisations that would like to make their public sector asset datasets available can include the x,y co-ordinates and UPRN.

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Answer: Core Business

Public Sector mapping agreement licenses are a non-commercial licence that allows members to use Ordnance Survey digital map products for a specific purpose. This purpose is known as their 'core business'. For public sector organisations, this typically means the provision of their public sector services.

Under this definition, PSMA members are entitled to use data provided through the agreement for any purposes they consider they have to undertake to meet their public service delivery obligations. For example, this includes:

  • Creating and monitoring policy
  • Operational management of government
  • Delivering government business and public services
  • Making information available to the public
  • Performing any other function required by statute
  • Passing /sharing derived information and/or data to third parties

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Answer: Licensee

A licensee is a person or organisation that has been granted a licence by a licensor (a body that is able to grant a licence).

Ordnance Survey grants licences to use and copy its products. The extent of use is contained in the relevant licence (such as public sector member licences).

For example:

In the case of a contractor licence, the licensor is the public sector member that is commission the work and the licensee is the party that is undertaking the work.

In the case of an end user licence, the licensor is the public sector member that is issuing the licence and the licensee is the recipient.

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Answer: OS OpenData

OS OpenData™ offers a wide range of digital map products which you can freely view or download, for use in both personal and commercial applications.

OS OpenData can be used with other open datasets available on www.data.gov.uk and from other sources to enhance your existing data or applications. For more information please visit this web page.

We are now using Version 3 of the Open Government Licence that was launched on 31st October 2014.

The Open Government Licence (OGL) is part of the UK Government Licensing Framework (UKGLF) which was launched in 2010. The OGL permits the use and re-use of a wide range of government and other public sector information. This supports the government's policy on transparency and open data.
It continues to:

  • permit use and re-use of information in any format for both commercial and non-commercial purposes without charge
  • require re-users to publish an acknowledgment of the source of the information, which for us is "Contains OS data © Crown Copyright [and database right] [year]".
  • exclude personal information from the licence
  • be compatible with other licensing models, such as Creative Commons, and is Open Definition conformant

Download the OGL Licence here

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Answer: Licensed data

Licensed data means:

  • The products in digital form listed in part A of appendix 2 of the member licence (the list of which (and any associated documentation) may be amended from time to time)
  • Data created by the licensee (derived data) using or in conjunction with licensed data, that does not meet the derived data notification criteria for publication on open terms (see the sharing derived data section).
  • Other Ordnance Survey products or derived data that have been supplied to the member under another licence.

Please note:

  • Licensed data does not include:
    • OS OpenData™ products,
    • free-to-use data (although you need to be licensed for the source Topographic datasets,
    • independently-sourced data (Licensees data), or
    • derived data notified to us as meeting the open data criteria (see the sharing derived data section)

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Answer: Derived data exemption notifications

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 OS OpenData licence terms or could be regarded as being 'Free to Use' data.

To obtain an exemption, and where specific criteria have been defined, members just make a notification to us.

We have improved the existing 'streamlined' derived data exemption process by adding a ‘presumption to publish’ notification for certain datasets that you have derived from OS data.

This improvement means that you should be able to release more of your derived data under open terms.

If the derived dataset that the member wants to release on Open Data terms can't be catered for under one of the above arrangements, members need to make a full application (including a detailed description of the precise purpose for which the derived data has been and is expected to be used and by whom).

For more information see the sharing derived data section.

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Answer: Crown copyright

Copyright material produced by employees of the Crown in the course of their duties is referred to as Crown copyright. Therefore, material originated by Ordnance Survey is protected by Crown copyright.

For more information about Ordnance Survey and Crown copyright please visit this webpage.

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Answer: Competing activity

Means where the licensee uses Licensed data under the public sector member licences in an activity which:

  • Competes with an activity of a third party that is licensed for licensed data;
  • Is reasonably likely to complete with an activity of a third party that is licensed or to be licensed for licensed data or;
  • Competes with or substitutes or is reasonably likely to compete with or substitute the products and/or services of Ordnance Survey (such products and/or services to be notified by Ordnance Survey to the licensee from time to time).

We partner with over 300 businesses who license our data to provide products and services to industry, commerce and consumers. To see some of their activities, click here to view the partners’ page.

For more information on what constitutes Licensed data, see that definition in this section.

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Answer: The Member Licence sets out the terms

The Member Licence sets out the terms on which the member (as the licensee) may use the datasets provided by Ordnance Survey.

The Member Licence is supported by three further licences. These are:

  • A contractor licence which is used where you have a formal written agreement with a third party that are undertaking works that you would normally do yourself.
  • A public sector end user licence – INSPIRE. This licence allows public sector members to release data in order to meet their INSPIRE obligations through the provision of web mapping services (WMS) and web feature services (WFS).
  • A public sector end user licence (EUL). This licence is for use by public sector members in all other circumstances.

The EUL can be used for all products and purposes for which the public sector member is making the data available for.

The EUL allows the recipient use of the data to respond to, or interact with, the public sector member to either deliver or support the delivery of that member’s core business. For more information about these licences please visit this webpage.

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Answer: Independently sourced data

This is data that has been created independently of Ordnance Survey data.

In practice this means that:

  • We do not claim intellectual property rights (IPR) in data that has been created independently of Ordnance Survey data and then used with it.
  • If data is created (including descriptive information or attribution) by means of an independent survey which can be used independently, but has been displayed with an Ordnance Survey mapping backdrop, we can claim no ownership of that data. It is not, therefore, subject to any of our licensing terms.
  • If data is created as described above and then overlaid onto Ordnance Survey licensed data for the purpose of verification, Ordnance Survey claims no ownership of that data unless features are repositioned as a result. If a feature is repositioned, then our IPR will be present in it. In these circumstances the data will be subject to the licensing terms applicable to the Ordnance Survey source data used.

If additional independently-sourced descriptive information or attribution is attached to Ordnance Survey licensed data, we claim no ownership of that additional information. It is not, therefore, subject to any Ordnance Survey licensing terms.

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Answer: 'Free to use' data

Ordnance Survey’s licensing model now includes ‘Free to Use Data’ terms. To benefit from these terms, you must first licence data for your business use. For more information please visit the following link.

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Answer: Derived data

This is any data that you create using Ordnance Survey mapping data as a source. The level of licencing required for continued use, data sharing and publishing will depend on what type of data has been used.

As of February 2015, for our public sector agreement members, there are a number of changes to the sharing derived data section as we have introduced a ‘presumption to publish’ approach for certain datasets which 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. For more information see the sharing derived data section.

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Answer: OS intellectual property, copyright & licences

It is part of our remit to increase the use of Ordnance Survey data by exploiting intellectual property (IP) rights in the data through trading. Our IP includes Crown copyright, database rights and trademarks.

By using IP law to protect our mapping and topographic information, we are able to provide customers with the benefit of up-to-date and new products. For more information about intellectual property visit this webpage.

Ordnance Survey is committed to operating its pricing and licensing policy in a fair, open and transparent way. We encourage the use and exploitation of mapping and data by providing a wide range of licences which reflect how our customers wish to use our data.

This includes the public sector member licences that allow members to use Ordnance Survey data for their non-commercial public sector activities. We also have a number of other licences covering activity beyond the public sector member licences. For more information about these licences please visit this web page.

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Answer: INSPIRE

Since May 2007, under the INSPIRE directive, the 27 member states of the European Union have been establishing an infrastructure for spatial information in Europe to support Community environmental polices, and places or activities which may have an impact of the environment.

The directive addresses 34 spatial data themes needed for environmental applications, with key components specified through technical implement rules. This makes INSPIRE a unique example of legislative 'regional' approach.

Ordnance Survey mapping agreements support members to meet their INSPIRE obligations, specifically the public sector end user licence – INSPIRE.

For more information please visit the INSPIRE webpage.

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Answer: Copy protection

To see the guidance on what copy protection you should be applying when displaying licensed data in an electronic format to third parties please visit the following link.

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Answer: Commercial activity

Means any activity which involves or is intended to involve financial gain

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Answer: Financial gain

Means any revenue or credit recieved which exceeds the licensee's incrimental costs of supplying or making available to a recipent any copy of any licenced data. Financial Gain does not include any reciepts from statutory charges.

Statutory charge: means charges which the licensee is expressly permitted to charge pursuant to a formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Ireland, Scotland, Wales, and/or Northern Ireland to which the licensee is subject.

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Answer: Statutory charge

Means charges which the licensee is expressly permitted to charge pursuant to a formal written enactment of a legislative authority that governs the United Kingdom of Great Britain and Northern Island, Scotland, Wales, and/or Northern Island to which the licensee is subject.

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Answer: Yes - you do have to use watermarking

as and when required.

For more information on watermarking and web mapping services / web feature services please visit this page.

For more information on the need for watermarking in other circumstances please visit this page.

Note: this watermarking guidance does not apply to the use of WMS or WFS in the context of INSPIRE End User Licensing;

  • PSMA members should instead refer to paragraph 8 of Appendix 1 to the PSMA Member Licence, and
  • OSMA members paragraph 7 of Appendix 1 to the OSMA Member Licence.

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Answer: This is a new approach that we are using for public sector licensing 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.

It means that, once we have been notified about the release, we are enabling public sector members to publish certain derived datasets under open data terms.

There are a number of conditions, including that the derived dataset is not a 'substantial' copy of any of our Licensed Data.

Some examples of what does and does not form substantial copying

Read more details of our new approach here.

Notes:

  • the 'presumption to publish' principle includes the ability to use x,y co-ordinates and the AddressBase UPRN in connection with public sector assets
  • 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: There are two types of web services that you may be using ....

Web Mapping Service (WMS) means a service provided by you in accordance with the standard protocol for serving over the internet geo-referenced map images that are generated by a map server using data from a GIS database or server.

Web Feature Service (WFS) means a service provided by you in accordance with the standard protocol for serving over the internet geo-referenced data that is generated by a map server using data from a GIS database or server.

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Answer: Public sector use

The Public Sector Licences cater for two different types of use. Public Sector Use and Business Use.

Public Sector Use is the use of licenced data to support delivery of, or to deliver to licensee’s core business. This includes the provision of licenced data to third parties.

Business Use is the use of licenced data solely for the internal administration and operation of the licensees business.

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Answer: Business use

The Public Sector License comprises two different types of use. Business Use and Public Sector Use.

Business Use is the use of licenced data solely for the internal administration and operation of the licensees business.

Public Sector Use is the use of licenced data to support delivery of, or to deliver to licensee’s core business. This includes the provision of licenced data to third parties.

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Answer: Emergency service and Emergency situations

Emergency service means any person, body or entity involved in responding immediately to an emergency situation. An emergency situation means unforeseen acts of events (beyond the licensee reasonable control) requiring the licensee to respond urgently.

Please note: You need to keep appropriate records and if asked provide Ordnance Survey of that supply.

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Answer: Topographic datasets

These are the Ordnance Survey datasets licenced under the public sector Member Licences that are regarded as being Topographic Datasets.

Knowing these are important if you are seeking an exemption for a derived dataset that refers to this term:

  • 1:10 000 Scale Raster
  • 1:25 000 Scale Colour Raster
  • 1:50 000 Scale Colour Raster
  • OS MasterMap Integrated Transport Network Layer
  • OS MasterMap Topography Layer
  • OS MasterMap Sites Layer (as of Dec 2014)
  • OS Vector Map Local
  • Land-Line Data
  • OSCAR Data

In addition, and although they are not licensed through the public sector agreements, if members have taken any of the following under another Ordnance Survey licence, these products are also regarded as being Topographic Datasets.

  • Land-Form PROFILE®
  • OS Terrain® 5

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Answer: Qualifying licensed data

is Licensed Data which is either:

a) OS MasterMap Topography Layer; or

b) AddressBase, AddressBase Plus and/or AddressBase Premium and in which the PAF Data solely comprises Cleansed Data (where PAF Data and Cleansed Data shall have the meanings given to them in Part A of Appendix 3 - Addressing Datasets - Royal Mail terms).

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Answer: The 'Style Guide' contains the details of ....

the standard acknowledgement you need to use with Licensed Data.

This is referred to in Section 5 of the Member Licence. The reason for this is to ensure consistency with all of our other commercial licences. It means that, should the standard acknowledgement ever change, we wouldn't have to change all of our other documentation just for that.

You then need to refer to Appendix 1 - Licensed Use as, depending on the activity you are undertaking, there is other wording that you need to add to (and does not replace) that standard acknowledgement.

In addition, as some of our products include third party data (such as our addressing datasets), Section 5 of the Member Licence also refers to those occasions where additonal acknowledgements that we, as a licensee of theirs, are obliged to pass on.

To save you the time of looking through the various sections of the licence, we have provided the information in the Acknowledgements section under the relevant activity headings.

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