Note that English Heritage have negotiated this exemption for Conservation Area data on behalf of all relevant Local Authorities.
Perhaps the same could be done for HER data?
Crispin
From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Chris Webster
Sent: 17 May 2012 12:30
To: [log in to unmask]
Subject: Re: Ordnance Survey Licences
The only problem (that I can see) with Paul's idea is that the OS might not be happy that some of our data isn't covered by the Free-to-use concept. I'm thinking specifically of buildings that have been 'copied' (in their definition) from the OS data. These (for instance a listed buildings layer) might well be composed entirely of data 'copied' from the OS data and therefore they might not want it to be exempt to prevent reverse-engineering.
The only way, I suppose, is to try it and see if OS will exempt it.
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
From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Paul Cripps
Sent: 17 May 2012 10:16
To: [log in to unmask]
Subject: Re: Ordnance Survey Licences
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
Wessex Archaeology
Portway House, Old Sarum Park, Salisbury, SP4 6EB
Mob: +44 7765 226746 Tel: +44 1722 326867
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: Wedgwood Building, Block A, Tipping Street, Stafford, ST16 2DH
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.
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