Apologies for cross-posting.
This should be of interest to librarians working in prescribed libraries holding Ordnance Survey paper and digital mapping.
Barbara Stratton
Senior Adviser, Copyright, CILIP: the Chartered Institute of Librarians and Information Professionals
Secretary to LACA: the Libraries and Archives Copyright Alliance
CILIP, 7 Ridgmount Street, London WC1E 7AE
Tel: +44 (0)20 7255 0500 Fax: +44 (0)20 7255 0501 Textphone: +44 (0)20 7255 0505 E-mail: [log in to unmask] LACA Web Site: www.cilip.org.uk/laca
New Agreement allows librarians to copy from Ordnance Survey mapping
LACA: the Libraries and Archives Copyright Allaince has successfully concluded a new Agreement with Ordnance Survey to replace the defunct and long expired 'BRICMICS Agreement'.
This Agreement regularises and clarifies the conditions under which librarians and archivists may copy mapping for users. It takes effect from 1st November 2006 and will be reviewed in December 2009.
Librarians and archivists within 'prescribed libraries and archives' (defined by The Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989 SI 1989/1212) are now formally permitted to copy from OS copyright paper and electronic mapping for users without specific licensing under terms similar to fair dealing copying.
An agreement was necessary because maps are treated by copyright law as artistic works and are not covered by section 39(1) of the Copyright Designs and Patents Act 1988 which relates to the copying of published copyright works by librarians and archivists.
The OS has explicitly accepted that the law allows users to make fair dealing copies from artistic works, including mapping, for themselves, whether from paper or digital originals. However, the law does not allow librarians and archivists to provide 'library privilege' copies of artistic works for users (except where an illustration is incidentally included with a text) unless licensed. Crown Copyright subsists in OS mapping for 50 years.
Under the Agreement, OS will not object to up to four copies of no more than 625 sq cm being made from paper maps or the production of prints from electronic data by librarians and archivists provided that the prescribed conditions set out in section 39(2) of the Act are complied with, namely:
(i) that copies are only supplied to persons satisfying the librarian that they require the copy for the purposes of research for a non commercial purpose; or private study and will not use them for any other purpose;
(ii) that no person is furnished with more than one copy of the same material or with a copy of more than a reasonable proportion of any work; and
(iii) that the person to whom copies are supplied is required to pay for them a sum not less than the cost (including a contribution to the general expense of the library) attributable to their production.
Furthermore OS requires that each copy made is accompanied by an acknowledgment (unless this is impossible for reasons of practicality or otherwise) in the following form: (c) Crown Copyright. Reproduced by permission of Ordnance Survey(r).
Additionally Ordnance Survey and LACA have both approved
* A guidance poster which should be displayed in prominent positions close to copying equipment (including computers from which OS digital mapping can be accessed) in all places where such copying may take place. Copies of this poster are available free of charge in English and Welsh on request from OS.
* The terms of a letter from Ordnance Survey to LACA (the 'Side Letter') setting the circumstances by which library staff may make copies for and on behalf of members of the public. A copy of the Side Letter is available from OS.
Any questions, or orders of posters and 'Side Letter', should be directed to the OS Customer HelpLine 08456 05 05 05.
Downloads of the posters and 'Side Letter' are available at http://www.ordnancesurvey.co.uk/oswebsite/
business/copyright/index.html
There is also a link to the OS website from this notice on the LACA web pages at www.cilip.org.uk/laca
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