- What's the difference between 'Publishing' and 'Data sharing'?
The difference is related to the purpose for making the information available and why we have separated the guidance into two sections.
- Publishing is about your ability as a member to disseminate information and making it publicly available; whether on paper or electronically (i.e. as a pdf, as web pages or as downloadable files); whilst
- Data sharing is about enabling the electronic interaction between you and other licensed organisations to support those licensed business activities. Depending on the activity involved (i.e. any further or different use) the recipient may need to get and or enhance their own OS licence, so will need to contact OS directly.
- When planning to publish mapping, what are the main things to think about?
The publication you are making available (and distributing):
- makes it clear to any recipient/viewer about its purpose and that it is supporting your core business.
- clearly incorporates your business information (as and where appropriate).
- only includes the area of mapping needed to fulfil its function and at scales that are relevant. For example, what is your target audience? Do you just need to provide a general overview or a more detailed insight?
- makes it clear to any recipient/viewer whether there are any limitations on re-use through using the appropriate trademarks; acknowledgements and watermarks (where required).
- and, does it includes any other third party information – and if so, do you have their permission to publish it? For example, although you may be entitled to receive their information, they may have supplied it with terms that may not include allowing you making their information available without further clearance.
- Can we publish mapping internally?
As a member, your licence allows all your departments to republish information internally, including use on your intranet.
Nonetheless, you need to apply the same considerations as though you were publishing this information externally.
- Does the Member Licence always apply to our publications?
No - you only need to think about the Member Licence when you are using OS Licenced Data (such as OS MasterMap Topography Layer or OS VectorMap Local) in your publication.
You also need to remember that the term Licenced Data also includes any data that you have derived from our products within your publication.
As examples, the Member Licence doesn't apply where you:
- are only using OS OpenData products as the contextual mapping to display information. This includes where you are displaying your information that you have independently sourced from OS data (and where we have no IP interests).
- have have been granted a derived data exemption by us,
In these situations you can use the Open Government Licence (OGL).
However, if you are combining or overlaying a mixture of Licensed Data, OS OpenData and independently created data, then the terms of the Member Licence will apply.
- Are there any differences between paper and digital publishing
The only difference is that, when publishing Licensed Data in data form, you have made clear to any recipient that the data comes with an appropriate End User Licence (EUL).
If your publication is only on paper or in e-document form (i.e. pdf’s), then you don’t need to use the EUL. All that is required is that the appropriate statement of purpose and acknowledgements are visible.
By publishing in data form, we mean data that can be manipulated / used by a recipient in their own information systems. This includes allowing the recipient to view your information on a website and or receiving the data for their local use, either as a download or on other physical media (i.e. DVD or flash drive).
There are two End User Licences available, both of which are based on a 'click acceptance' by the End User:
- the INSPIRE End User Licence is used when you are publishing one or more of your derived datasets that you need to make available under the INSPIRE directive. Please note that the INSPIRE programme only applies to some specific themes and this licence should only be used in this context (see separate section below).
- for all other circumstances you use this End User Licence.
Note: if you are only publishing data to other Members, use of the EUL is optional; as their activities are covered by the same licensing terms as you.
- Can others republish the Licensed Data we are making available?
Yes, but because additional licensing may be required, you both need to be mindful of:
- who’s data it is?
- how the data is being republished?
- and, who is republishing.
For example, as a recipient of data as part of your Core Business, you may become holders or ‘custodians’ of third party information. In order to further release that data, you need to establish that your licence with that third party allows you to do so.
As examples of republishing, if they:
- are another member, as they are under the same licence terms as you, their responsibilities are the same as yours.
- are another OS licensee, their existing licence may not cover publishing/distribution (most licences are for their own business use).
- don’t have an existing licence, they should not be republishing this information anyway (so will need to get an OS licence)
- are a media company asking, or you are asking them, to publish your information in their newspaper/magazine, then they will need to have the appropriate media licence from OS (which is free).
- are an educational establishment, local education authority (LEA) schools are covered by their lead local authority’s licence (they are regarded as being a department of that authority).
All schools can also sign up to the Digimap for schools online mapping service, which provides access to OS data. Higher education establishments, including universities can access the Edina service. You may also want to visit our education pages for further information.
With all the above, this means that they may need to enhance their licencing arrangement with OS. For more information about our licences, and to obtain one, they will need to visit our licence selector.
- What about publishing from OS OpenData or exempted derived data?
The same general thought processes and principles apply as when using Licenced Data.
However, the terms of the Member Licence is no longer applicable, because OS OpenData is made available under the Open Government Licence (OGL) terms.
In addition, any of your derived data that has been granted an exemption (from the Member Licence) can also be made available to others on the same OGL terms.
So, although you still need to acknowledge OS as the source, this means that greater re-use of the information by recipients is possible.
- if your publication comprises a mixture of Licenced Data and OS OpenData, then the terms of the Member Licence will apply.
- if you are including any other licensed third party information, you still need to establish that you have their permission to publish it.
- Do we need to keep records and, if so, in what form should they be?
You only need to keep records when you are publishing and providing (whether as downloads or on media) Licenced Data to third parties for their local use.
This is because you could be called upon to provide us with all reasonably required assistance if we are investigating any potential unauthorised use by a third party.
This includes data provided:
- to a Contractor of yours
- under the Joint Initiative terms (which relates to a specific project between at least one PSMA and one OSMA member).
- to support an Emergency Situation (which relates to unforseen acts or events that requires a member to respond urgently and involve others who may not be licensed to use the data)
The form of the records is down to you, but should be sufficient to identify:
- the recipient’s name, and if from an organisation, that name as well
- the dataset(s) downloaded or supplied
- the date of supply
- the type of licence you provided with the data (i.e. Contractor, End User Licence)
- When don't we need to keep records?
You don't need to keep records when:
- Can we incorporate advertising into our publication?
Yes, but the purpose of any advertising:
- must to be related to/associated with the purpose of the publication at the time – and with those adverts only being secondary (i.e. subservient) content .
- should not be turning the publication into a ‘commercial gain’ or ‘profit-making’ one (i.e. it remains cost-recovery only)
- is ‘Sponsorship-type’ adverts (for example: ‘sponsored by xxxxxx;) then the advert should just provide a link to their website.
For web applications, any incorported advert should not have the functionality that allows its use for 'intelligent' product marketing for those organisations (i.e. the content of the advert space is being based on viewer's browser history).
This is also on the premise that:
- the publication (which includes paper, electronic documents and web publishing) is supporting your Core Business
- you are taking responsibility for the publication under your licence, and
- you have incorporated allother considerations contained in this guidance.