Chris Webster
Historic Environment Record
Somerset County
Council
Somerset Heritage Centre
Brunel Way
Taunton
TA2
6SF
01823 347434
Online HER:
www.somerset.gov.uk/her
Unfortunately, it’s
just not that simple. I’ve raised this before on this forum but in
short.
The
problem:
The PSMA End User
License prohibits ‘commercial use’ which according to the definition provided
would include archaeological units (ie contractors) undertaking paid work on
behalf of a third party (ie our clients; developers or whoever) for financial
gain.
The PSMA Contractor
License ‘enables you as a Member to provide Licensed Data to a person or
organisation formally or contractually required to deliver outputs on your
behalf’ – again, contractors are typically not working for you but for third
parties ie our clients/developers. You are simply acting in the role of provider
of data not commissioner of works.
Both licenses have
issues with passing data to third parties without express permission from
Licensors and OS; this would include the clients commissioning the work be it a
DBA, evaluation, geophysical survey, etc
And as for making the
data available as digital reports (pdfs) via HER websites or archaeological
units own websites, this is also problematic.
As for having a
standing License Agreement in place that removes the need for any such PSMA
licensing, this would need to be through one the incredibly complex licensing
structures OS have in place. License Numbers provided by contractors may or may
not cover their use of data; License Numbers are simply customer numbers so just
indicate a contractor has an account with OS, it does not indicate what kind of
license(s) they may or may not have. This may just be for a Paper Map Copying
License (ie totally inappropriate) or a Framework License for a single product.
Multi-client license arrangements apply to PSMA Members but of course,
contractors are not working to Members so this would not apply. Can you
guarantee that any License Number you are given is appropriate and indeed covers
intended use…?
The
Solution:
When WA spoke to OS
about our concerns about PSMA, a viable alternative was put forward but one
which we, as users, cannot push forward. This is the Exemptions Process (2.2.5
in the User Guide) which allows PSMA members ‘to request that certain data they
have created can be licensed as if on the OS OpenData Licence Terms or as if on
the Free to Use Data terms.’ This looks to be the best solution for the current
pickle but would need HERs (or their parent organisations) to go down this
route. It could also apply to other local authority datasets beyond historic
environment data. I would encourage this forthwith then we can finally put the
derived data and licensing issues to bed, simplifying the whole data supply
process, and get on with more productive matters.
Some
links:
http://www.ordnancesurvey.co.uk/oswebsite/docs/user-guides/psma-licence-user-guide.pdf
http://www.ordnancesurvey.co.uk/oswebsite/licensing/licences/multi-client-contractor.html
http://www.ordnancesurvey.co.uk/oswebsite/licensing/direct-customers/index.html
http://www.ordnancesurvey.co.uk/oswebsite/docs/licences/licensed-use-rights-variants.pdf
Paul
Cripps
Geomatics
Manager
Portway House,
Mob: +44 7765 226746
Tel: +44 1722 326867
http://www.wessexarch.co.uk/geomatics
From: Issues related to
Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Blake, Suzy
(Place)
Sent: 10 May 2012
10:03
To:
[log in to unmask]
Subject: Re: Ordnance Survey
Licences
Hi Rob,
I assume you are talking mainly
about archaeological units undertaking DBAs etc and in most cases an end user
licence would be most appropriate unless the archaeological unit is specifically
undertaking work for your local authority. You may also wish to investigate
whether the archaeological unit has its own Ordnance Survey licence which covers
mapping for the area for which the data is being supplied and at the scale(s) at
which the HER data has been derived as this may provide another option. We have
been advised that if they do hold a relevant OS licence then we can supply them
with data (including GIS data) without the need for them to sign an OS end user
or contractor licence (in these instances we make a note of their OS licence
number in our records).
Hope this
helps
Suzy
Suzy
Blake
Historic Environment Record
Officer
Staffordshire County
Council
Office Location: No. 1 Staffordshire
Place, Stafford, ST16 2LP
Postal Address:
Tel: 01785
277281
Fax: 01785
277364
Mob: 07773
792248
Email: [log in to unmask]
From: Issues related to
Historic Environment Records [mailto:[log in to unmask]] On Behalf Of David Evans
Sent: 10 May 2012 09:26
To: [log in to unmask]
Subject: Re: Ordnance Survey
Licences
End
user
David
Evans
Historic Environment
Record Officer
(Postal
Address)
Strategic Planning
Policy & Specialist Advice
Department of
Environment and Community Services
PO Box
2081
The Council Offices,
Castle Street
Thornbury
South
Gloucestershire
BS35
9BP
Phone: 01454
863649
fax:
01454 864473
From: Issues related to
Historic Environment Records [mailto:[log in to unmask]] On Behalf Of EDWARDS, Robert
(Environment)
Sent: 10 May 2012
09:25
To:
[log in to unmask]
Subject: Ordnance Survey
Licences
Hi
all,
I was
wondering what Ordnance Survey Licence forms other HERs send out with their OS
derived datasets? There seem to be two key licences which may
apply:
·
PSMA End User Licence – which permits you to pass data and or derived data to anyone who is supporting
you in the delivery of your core business
·
PSMA Contractor
Licence - which permits you to pass data and or derived
data to contractors to provide work on your behalf
I
have been advised by our own support staff to use the contractor licence (and
have done for a while), but this doesn’t seem applicable. The end user licence
seems more applicable.
Thanks and best wishes
Rob
Rob
Edwards
Historic Environment Records
Officer
Cheshire Archaeology Planning Advisory
Service
Tel: 01244
973667
Location: The Forum, Chester,
Cheshire, CH1 2HS.
************************************************************************
Disclaimer:
If
you are not the intended recipient of this email (and any attachment), please
inform the sender by return email and destroy all copies. Unauthorised access,
use, disclosure, storage or copying is not permitted.
The views expressed by
the author do not necessarily reflect the views or policies of Cheshire West and
Chester Borough Council. The Council cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended. You should
perform your own virus checks.
Cheshire West and Chester Borough Council may
monitor emails and as a public sector organisation; the Council may disclose
this email (or any response to it) under the Freedom of Information Act
2000.
Contracts cannot be concluded with the Council nor service effected by
email, unless otherwise expressly agreed. The contents of this e-mail may be
subject to
privilege.
************************************************************************
_______________________________________________________________
South
Gloucestershire Council - rated April 2009 under the Comprehensive Performance
Assessment a maximum '4 star' council by the Audit
Commission
_______________________________________________________________
This email and any files
transmitted with it from South Gloucestershire Council are confidential and
intended solely for the use of the individual or entity to whom they are
addressed. You should not forward it by any method to anyone else who does not
have a justified 'need to know'.
If you have received this email in
error please notify the South Gloucestershire Council postmaster at the address
below
[log in to unmask]
______________________________________________________________
Staffordshire
County Council -
For
your family, our community, and a prosperous
Staffordshire
For
more information about the county council visit our website: www.staffordshire.gov.uk
Follow
the county council on Twitter
Disclaimer
This e-mail
(including any attachments) is only for the person or organisation it is
addressed to. If you are not the intended recipient you must let me know
immediately and then delete this e-mail. If you use this e-mail without
permission, or if you allow anyone else to see, copy or distribute the e-mail,
or if you do, or don't do something because you have read this e-mail, you may
be breaking the law.
Liability
cannot be accepted for any loss or damage arising from this e-mail (or any
attachments) or from incompatible scripts or any virus transmitted.
E-mails and
attachments sent to or received from staff and elected Members may be monitored
and read and the right is reserved to reject or return or delete any which are
considered to be inappropriate or unsuitable.
Do you
really need to print this email? It will use paper, add to your waste disposal
costs and harm the environment.