SeaZone Data Sub-Licencee Agreement: Frequently Asked Questions

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SeaZone Data Sub-Licence Agreement: Frequently Asked Questions

The following questions and answers are intended to assist you in understanding the details of the SeaZone Data Sub-Licence agreement. They are not a substitute for the Sub-Licence itself and should be read in conjunction with the Sub-Licence agreement. If you are in any doubt that your use of the SeaZone data is not permitted, you are advised to read the Sub-Licence agreement itself, particularly Sections 3 and 4. If you have any queries EDINA may be able to offer clarification on some issues, but would always recommend you seek further legal advice.

SeaZone Data Sub-licence Agreement

Summary of questions

What is the difference between "maps" and "data"?
Who is allowed to access and use the data?
Do I have to register as an individual in order to use the SeaZone maps and data?
Can anyone use the SeaZone maps and data?
Does it make a difference who my research is funded by?
I am undertaking a degree course by distance learning and I work part time for my local council. Can I use the maps and data at home and in my place of work?
I am taking a course with a subscribing University's Continuing Education department. Am I eligible to use the SeaZone's maps and data?
My research is funded by DEFRA, the National Lottery and the Welsh Assembly. Am I allowed to use the SeaZone maps and data for this project?
From time to time we have individuals from other organisations who work in collaboration with our research on particular research projects. Are these individuals permitted to use the SeaZone maps and data?
Am I allowed to use the maps and data for anything other than "Educational Purposes"?
I am a registered PGCE student currently undertaking teaching practice in a secondary school. Am I allowed to use the SeaZone maps and data in my classes?
We have a student who wants to use SeaZone maps and data to create a virtual landscape as part of a final year project. The project will benefit a local pressure group and a national charity, but there is no money or commercial activity involved. Is this allowed or not?
I belong to a Diving club. Am I allowed to use the SeaZone maps and data as part of a wreck dive I am on with the club?
Can I teach a Continuing Education course using the SeaZone maps and data?
I run a training course for staff from external companies, who pay to attend the course. Can I use SeaZone maps and data in the course?
I am trying to publish an article in an academic, peer-reviewed journal, but my publisher wants to see proof that I am entitled to publish the illustrative maps which I have produced from Digimap. What should I tell them?
What is the appropriate wording for the copyright statement?
Can I publish SeaZone maps in books and journals and on the web?
Can I use SeaZone maps and data in a demonstration at a conference?
What rules apply to the use of data derived from SeaZone data?
Can I make copies of data and exchange it with colleagues working on the same project?
I am working in a modelling project which involves a number of other universities and the Ordnance Survey (OS). I have loaded the SeaZone data obtained from Marine Digimap into a modelling package and integrated it with other data from the project. My colleagues need access to the model. Am I allowed to give the model to them to import into their copy of the modelling software?
My PhD is sponsored by a commercial company. They would like to have copies of the model I am creating along with my final report. Is this ok?
Can I put data into a VLE or MLE for use by my class?
Am I allowed to keep the maps and data from my course if I leave my university or college?
Is there a limit on the number of plots that I can produce from SeaZone data in Marine Digimap and their paper size?
May I make copies of the maps I have made from SeaZone data in Digimap? If so, do any size or quantity restrictions apply?
Can I use SeaZone maps from Marine Digimap in lectures to the public?

1. What is the difference between "maps" and "data"?

These Frequently Asked Questions refer to both "maps" and "data". "Maps" are regarded as static images, produced either from the Marine Digimap service or by the user in desktop applications. They do not contain any vector data and data cannot be derived from them. "Data" are regarded as the raw data which can be downloaded from Marine Digimap.

2. Who is allowed to access and use the data?

The Sub-Licence agreement states that in order to access and use the data you must be an "Authorised User". This means that you must satisfy all three of the following conditions:

be registered as a current student, faculty member or employee of a subscribing institution
be permitted to access the subscribing institution's electronic resources
and be registered with EDINA's Digimap service

If you are not a current student, faculty member or employee of a subscribing institution but are permitted to access the institution's electronic resources for the purposes of teaching, education or research, you may be an Authorised User while you are on Library premises. Note that you must still be registered with EDINA in order to be an Authorised User.

The definition of Authorised User can be found under the "Definitions" section at the beginning of the Sub-Licence agreement.

Note: Each institution operates it's own means of providing access to online resources to which it subscribes. You will be assigned (or told how to obtain) a set of login credentials (username and password) with which to access online resources. Once you have these login credentials you must then register them with EDINA Digimap. Simply having a set of login credentials is not sufficient to access Digimap.

3. Do I have to register as an individual in order to use the SeaZone maps and data?

Yes. It is not possible to register a class for use of Marine Digimap

4. Can anyone use the SeaZone maps and data?

No. You must be an Authorised User (see Q1 for definition)

5. Does it make a difference who my research is funded by?

No, as long as the work you are undertaking falls under the definitions of "Use" as given in the Sub-Licence agreement. However, according to clauses 4.1.2, 4.1.4, 4.1.5 and 4.1.7 of the Sub-Licence agreement, you may not provide copies of maps or data to any individual who is not an Authorised User. Some examples of what you may not do are:

provide copies of data (including derived data) to sponsor organisations, whether they are commercial, charitable, government or otherwise non-subscribing institutions
set up web services delivering maps or data to those who are not Authorised Users, e.g. the general public, a local authority, a local interest group or charitable organisation
produce maps from Marine Digimap or from downloaded data for a friend, relative or colleague who is not also an Authorised User
Publish any data, including on the Internet

There are some exceptions to this:

you may supply paper or electronic copies of map images to your research sponsor; these copies cannot be used for commercial use (see clause 3.1.6)
you may supply copies of data to your research sponsor only if your research sponsor already holds a licence to use exactly the same data (see clause 3.1.6)
you may use copies of maps and data in schools as part of teaching practice for a PGCE (see clause 3.1.15)

For a definition of Authorised User, see Q1 or read the Definitions section of the Sub-Licence agreement.

6. I am undertaking a degree course by distance learning and I work part time for my local council. Can I use the maps and data at home and in my place of work?

Yes. You are allowed to access the SeaZone maps and data online from anywhere subject to the following conditions:

while the maps and data are held by you they may not be issued to or used by anyone who is not an Authorised User (see clause 4.1.5). This means that if your computer facilities are shared with others (for example, work colleagues) the SeaZone maps and data must not be accessible to or used by them. Read Q2 for more information about Authorised Users.
on completion of your course or end of your employment with the subscribing institution, all data held by you must be deleted, including any data derived from the SeaZone data. You may keep copies of maps, subject to the terms of this sub-licence.

7. I am taking a course with a subscribing University's Continuing Education department. Am I eligible to use the SeaZone's maps and data?

Yes, if your status with the University qualifies you as an Authorised User. You are still required to register with EDINA Digimap in order to gain access to the SeaZone maps and data. The status of students attending Continuing Education courses may vary between institutions. You should check with your tutor what rules apply to you.

8. My research is funded by DEFRA, the National Lottery and the Welsh Assembly. Am I allowed to use the SeaZone maps and data for this project?

Providing you are an Authorised User at a subscribing institution you may use the SeaZone data for Educational Purposes but not for Commercial Use. "Educational Purposes" means using the maps and data for the purpose of education, teaching, distance learning, private study and/or research. "Commercial Use" means the use of the maps and data for any reason which generates a profit.

However, you may not supply SeaZone data to your sponsors (see clauses 4.1.5 and 4.1.7). You may provide your sponsors with paper maps or electronic map images as part of your research report.

9. From time to time we have individuals from other organisations who work in collaboration with our research on particular research projects. Are these individuals permitted to use the SeaZone maps and data?

Anyone requiring access to the SeaZone maps and data must be an Authorised User. If these individuals are entitled to access the institution's electronic resources, either as an employee or as a "Walk-In User", then they may use the SeaZone maps and data for Educational Purposes. Please read the definition of Authorised User in the Sub-Licence agreement. An individual's status as an Authorised User only lasts as long as their involvement with the institution concerned.

10. Am I allowed to use the maps and data for anything other than "Educational Purposes"?

No. Clause 3.1 states that use is for education purposes only.

However, use for "Educational Purposes" extends to use of maps in brochures, leaflets and flyers for use by the subscribing institution (see clause 3.1.13). You can find a definition of "Educational Purposes" at the beginning of the Sub-Licence agreement.

11. I am a registered PGCE student currently undertaking teaching practice in a secondary school. Am I allowed to use the SeaZone maps and data in my classes?

If you are an Authorised User, you may use the SeaZone maps and data to create teaching materials for use in your classes. See clause 3.1.15 of the Sub-Licence agreement. You cannot give your school pupils direct access to Digimap, since they are not and cannot be Authorised Users. Note that your school may have access to other Marine data under a different licensing agreement. You may find those data more appropriate to use.

12. We have a student who wants to use SeaZone maps and data to create a virtual seascape as part of a final year project. The project will benefit a local pressure group and a national registered charity, but there is no money or commercial activity involved. Is this allowed or not?

Providing the student is an Authorised User and the project is for Educational Purposes, the data can be used in the course of completing that project. Maps (but not data) can be provided to the pressure group or charity, if they are sponsoring the project (clause 3.1.6) but if there is no money or commercial activity involved, clause 3.1.11 applies where the Authorised User displays parts of the data or maps at a seminar, conference, workshop or similar.

However, the student must not under any circumstances give any data to either the local pressure group or the national registered charity (see clauses 4.1.5. and 4.1.7). This includes data and derived data held in application software. This is because pressure groups and charities are not eligible to sign up to this licensing arrangement and therefore individuals in those organisations cannot be Authorised Users under the definitions given at the beginning of the Sub-Licence Agreement.

Permission to use or reproduce SeaZone materials does not amount to an endorsement by SeaZone or any of its employees of any claims made in relation to any specific issues or disputes. See question 17 for the appropriate copyright statement that should be carried by all SeaZone maps and data used in the project, including maps and data derived from SeaZone materials.

13. I belong to a diving club. Am I allowed to use the SeaZone maps and data as part of a wreck dive I am on with the club?

Under "fair dealing" provisions Authorised Users in the club may make for themselves a single copy of an extract of a SeaZone map so long as it falls within the scope of the term "private study" (see definition of "Educational Purposes"). This includes study purely for personal, non-commercial, purposes, and does not allow for distribution of such copies to non-Authorised Users. The maps and data should NOT be used for navigation.

14. Can I teach a Continuing Education course using the SeaZone maps and data?

Yes, but only if all the course attendees are Authorised Users. The status of Continuing Education students varies between institutions. You should check the rules that apply to you.

15. I run a training course for staff from external companies, who pay to attend the course. Can I use SeaZone maps and data in the course?

No. Firstly, the course attendees are not Authorised Users. Secondly, a course which generates a profit is regarded as "Commercial Use", which is not permitted under the terms of the licence (see clause 4.1.6)

16. I am trying to publish an article in an academic, peer-reviewed journal, but my publisher wants to see proof that I am entitled to publish the illustrative maps which I have produced from Digimap. What should I tell them?

You are permitted to publish maps in various publications as long as no revenue is generated by you while conducting this activity. This is specified in clause 3.1.7 of the Sub-Licence Agreement. Clause 3.1.7 states that you may "incorporate parts of the Digital Maps in printed and electronic conference papers, articles, articles publishes in a journal publication and poster sessions". If your publisher requires confirmation of this permission directly from SeaZone, you should contact the SeaZone directly here: Support@SeaZone.com

This licence does not permit Data to be published under any circumstances.

17. What is the appropriate wording for the copyright statement?

All maps reproduced from SeaZone data (either made within Marine Digimap or made with data downloaded by you from Digimap) should carry the copyright acknowledgement given in clause 3.1.5 of the licence agreement here:http://edina.ac.uk/digimap/marineterms.html.

If you use SeaZone data to create computer models or derived data, these too should also carry the copyright statement.

If you have SeaZone material which is licensed under a different agreement from the JISC - SeaZone licence, the copyright acknowledgement will be different. You should check the appropriate licence agreement for the correct wording of copyright acknowledgements.

17. Can I publish SeaZone maps in books and journals and on the web?

You can publish maps taken from Marine Digimap or created by you in a variety of publications. Clause 3.1.7 states that you may incorporate maps in printed and electronic versions of conference papers, articles, articles published in a journal publication and poster sessions. Clause 3.1.14 states that you may publish maps (but not data) on your institution's website as part of a course or project, clause 4.1.4 limits the use of Digital Maps on the the web for other purposes though.

You may not publish maps in books without a separate licence or permit being granted by SeaZone. To arrange this, please contact the SeaZone directly: Support@SeaZone.com

This licence does not permit Data to be published under any circumstances.

18. Can I use SeaZone maps and data in a demonstration at a conference?

Yes. Clause 3.1.11 states that you may use the maps and data as part of a presentation at a seminar, conference, or workshop or other similar activity. Remember, however, that you must be an Authorised User and that you cannot give the data to a third party for any reason or leave the data behind in any form.

19. What rules apply to the use of data derived from SeaZone data?

The terms of the JISC - SeaZone sub-licence apply to data derived from SeaZone data as well as to the original SeaZone data itself. Derived data is defined as:

"any data that originates from an original SeaZone Dataset is considered to be derived data."

See question 17 for further details of the acknowledgement that it is relevant to use in relation to derived data.

20. Can I make copies of data and exchange it with colleagues working on the same project?

You can make copies of data and you can share data with other Authorised Users. These Authorised Users do not need to be in the same subscribing institution as you. However, if they are not part of your institution, you need to complete a Transfer of Data form before you give them any data. This form can be found on the EDINA website at: http://edina.ac.uk/digimap/access/register.shtml. Note that if a partner institution ceases to subscribe, all data held by individuals in that institution must be deleted.

21. I am working in a modelling project which involves a number of other universities and the Ordnance Survey (OS). I have loaded the SeaZone data obtained from Marine Digimap into some modelling software and integrated it with other data from the project. My colleagues need access to the model. Am I allowed to give the SeaZone data to them to import into their copy of the modelling software?

You can share the model with individuals who are Authorised Users in other subscribing institutions. However, OS is not an eligible organisation under the Sub-Licence Agreement. Therefore you cannot pass the model to them. Please read Q22 for the terms governing transfer of data between institutions. Sponsoring organisations which may not be eligible to subscribe to Marine Digimap may be given printed copies of reports containing maps. They must not be given copies of any SeaZone data unless they already hold a separate licence to use the same data (see clause 3.1.6)

22. My PhD is sponsored by a commercial company. They would like to have copies of the model I am creating along with my final report. Is this ok?

Clause 3.1.6 holds the answer to this question. You can give a copy of your final report to your sponsor (including any map images it may contain) in printed or electronic form. If your model includes SeaZone data you may not give a copy of it to your sponsor, unless your sponsor already holds a licence from SeaZone to use the same data. If they do not already hold a SeaZone licence, they may apply separately to SeaZone for a commercial licence under which to use the data here: Support@SeaZone.com.

23. Can I put data into a VLE or MLE for use by my class?

Yes. Clause 3.1.5 states that you may include maps and data in printed and electronic course packs, study packs and course notes hosted on a Secure Network, virtual learning environments, managed learning environments and multi-media works. Each item must carry the copyright notice given above (see Q17 above). This includes course packs in non-electronic non-print perceptible form, such as Braille. However, only Authorised Users may access the maps and data held in the VLE (see section 5.1 of Appendix 3 - Security Requirements). This means that all members of your class must be Authorised Users (see Q1for help with this).

Clause 3.1.16 also allows you to store learning and teaching objects that contain SeaZone data in local repositories and in the JORUM Repository.

24. Am I allowed to keep the maps and data from my course if I leave my university or college?

When you leave your University or College you are no longer an Authorised User. This means that you are no longer entitled to use the SeaZone maps and data. However, clause 9.5 of the Sub-Licence states that you may keep copies of maps. You may not keep copies of the data. Should you wish to continue to use SeaZone data after you leave University or College, please contact SeaZone here: Support@SeaZone.com

25. Is there a limit on the number of plots that I can produce from SeaZone data in Marine Digimap and their paper size?

No, providing the plots are being used for Educational Purposes by Authorised Users.

26. May I make copies of the maps I have made from SeaZone data in Digimap? If so, do any size or quantity restrictions apply?

Yes, you can make copies for Educational Purposes (see clause 3.1.4). There is no limit on the number of copies you can make. All copies must show the appropriate copyright acknowledgement (see Q17).

27. Can I use SeaZone maps from Marine Digimap in lectures to the public?

Yes. Clause 3.1.11 allows you to do this. The provisions relating to the use of data still apply.

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