The following questions and answers are intended to assist you in understanding the details of the British Geological Survey 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 British Geological Survey 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 it may be necessary for you to seek further legal advice.
These Frequently Asked Questions refer to both "maps" and "data". "Maps" are regarded as static images, produced either from the Geology 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 the Digimap service.
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:
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 its 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.
Yes. However, members of staff who wish to teach a class can take responsibility for student use of the British Geological Survey maps and data register on their behalf. The class project must last for less than three months. This means that all class members can access the mapping facilities within Digimap under one username and password. Details of how to register all members of a class are given on the EDINA web site: http://edina.ac.uk/digimap/access/register.shtml. Alternatively, contact the EDINA Helpdesk. If you are not part of a class, you must register as an individual. Further details are given here: http://edina.ac.uk/digimap/access/register.shtml
No. You must be an Authorised User (see Q1 for definition)
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:
There are some exceptions to this:
For a definition of Authorised User, see Q1 or read the Definitions section of the Sub-Licence agreement.
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 British Geological Survey 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.
Providing you are an Authorised User at a subscribing institution you may use the British Geological Survey 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 British Geological Survey 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.
Anyone requiring access to the British Geological Survey 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 British Geological Survey 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.
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.
If you are an Authorised User, you may use the British Geological Survey 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 British Geological Survey data under a different licensing agreement. You may find those data more appropriate to use.
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 BGS materials does not amount to an endorsement by NERC 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 BGS maps and data used in the project, including maps and data derived from BGS materials.
Under "fair dealing" provisions Authorised Users in the club may make for themselves a single copy of an extract of a BGS 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.
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.
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)
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 British Geological Survey, you should contact the British Geological Survey directly here: ipr@bgs.ac.uk
This licence does not permit Data to be published under any circumstances.
All maps reproduced from British Geological Survey data (either made within the Digimap service or made with data downloaded by you from Digimap) should carry the following copyright acknowledgement:
"Geological Map Data © NERC 20(yy)"
where 20yy is replaced with the year in which the maps are produced.
If you use British Geological Survey data to create computer models or derived data, these too should also carry the copyright statement.
If you have British Geological Survey material which is licensed under a different agreement from the JISC-NERC/British Geological Survey licence, the copyright acknowledgement will be different. You should check the appropriate licence agreement for the correct wording of copyright acknowledgements.
You can publish maps taken from 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 web site as part of a course or project, clause 4.1.4 limits the use of Digital Maps on the web for other purposes though.
You may not publish maps in books without a separate licence or permit being granted by BGS. To arrange this, please contact the British Geological Survey directly: ipr@bgs.ac.uk
This licence does not permit Data to be published under any circumstances.
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.
The terms of the JISC-NERC/British Geological Survey sub-licence apply to data derived from British Geological Survey data as well as to the original British Geological Survey data itself. Derived data is defined as:
"any data that originates from an original British Geological Survey 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.
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 web site 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.
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 Geology Digimap may be given printed copies of reports containing maps. They must not be given copies of any British Geological Survey data unless they already hold a separate licence to use the same data (see clause 3.1.6)
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 British Geological Survey data you may not give a copy of it to your sponsor, unless your sponsor already holds a licence from British Geological Survey to use the same data. If they do not already hold a British Geological Survey licence, they may apply separately to BGS for a commercial licence under which to use the data here: DigitalLE@bgs.ac.uk
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 Q1 for help with this).
Clause 3.1.16 also allows you to store learning and teaching objects that contain British Geological Survey data in local repositories and in the JORUM Repository.
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 British Geological Survey 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 BGS data after you leave University or college, please contact BGS here: DigitalLE@bgs.ac.uk
No, providing the plots are being used for Educational Purposes by Authorised Users.
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).
Yes. Clause 3.1.11 allows you to do this. The provisions relating to the use of data still apply.