The following questions and answers are intended to assist you in understanding the details of the Ordnance Survey Data Sub-Licence Agreement and the accompanying Variation Sub-Licence Agreement. They are not a substitute for the Sub-Licence and the Variation Agreement themselves and should be read in conjunction with both these documents. If you are in any doubt that your use of the Ordnance Survey data is not permitted, you are advised to read the Sub-Licence Agreement and its accompanying Variation Agreement. 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.
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IMPORTANT NOTE FOR 2009/10: On 1 August 2009, the Ordnance Survey Data Sub-Licence Agreement was extended and amended to cover the year to 31 July 2010. This was done using a Variation Agreement. The majority of the clauses in the original Sub-Licence Agreement still stand, but some have been superseded by the Variation Agreement. BOTH documents should be read in conjunction with one another. You will need to check that a clause in the original Sub-Licence Agreement has not been amended by the Variation Agreement. The following set of questions refers to individual clauses. Unless specified otherwise, references are to clauses in the original Sub-Licence Agreement. Of particular note are changes to the definition of Authorised User and changes to the permissible publication sizes. You are strongly advised to check both of these in the Variation Agreement. |
Both the original Sub-Licence Agreement and the Variation Agreement can be found from the following links:
These Frequently Asked Questions refer to both "maps" and "data". "Maps" are regarded as static images, produced either from the 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 and the Variation Agreements state that in order to access and use the data you must be an "Authorised User". The definition of Authorised User is amended by the Variation Agreement. To be an Authorised User you must satisfy all of the following conditions under the Variation Agreement:
This applies whether you are a student or member of staff (current or retired) or a visitor to an Authorised Institution.
For the avoidance of doubt, students who are registered at an overseas campus of an Authorised Institution (Overseas Students) do not qualify as "Authorised Users" of that Authorised Institution whilst they are overseas (studying or otherwise) for the purposes of this Variation Agreement. However, Overseas Students may qualify as "Authorised Users" during any period spent studying in the UK at an Authorised Institution. Overseas Students will lose their Authorised User status as soon as they leave the United Kingdom.
Distance Learners registered on a course in the UK at an Authorised Institution are eligible for Authorised User status.
The definition of Authorised User can be found in clause 2.2 of the Variation 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.
Yes. Class registrations are no longer possible under the UK Access Management Federation rules. All Digimap users must register as individuals. Clause 2.4 of the Variation Agreement amends the appropriate section of the original Sub-Licence Agreement.
No. You must be an Authorised User (see Q2 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, 4.1.5, 4.1.6 and 4.1.8 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 Q2 or read clause 2.2 of the Variation Agreement.
Yes. You are allowed to access the Ordnance Survey maps and data online from anywhere subject to the following conditions:
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 Ordnance 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. You should also check the definition of Authorised User as amended by the Variation Agreement (clause 2.2).
Providing you are an Authorised User at a subscribing institution you may use the Ordnance 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 Ordnance Survey data to your sponsors (see clauses 4.1.6 and 4.1.8). You may provide your sponsors with paper maps or electronic map images as part of your research report.
Anyone requiring access to the Ordnance 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, student, retired member of staff or visitor to the Authorised Institution, then they may use the Ordnance Survey maps and data for Educational Purposes. Please read the definition of Authorised User as amended by the Variation Agreement (clause 2.2). An individual's status as an Authorised User only lasts as long as their involvement with the institution concerned. Individuals must also be registered with EDINA in order to access the Ordnance Survey maps and data.
As well as "Educational Purposes" you may use 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. There are restrictions on the size of maps you can include in these publications. These are amended by Schedule 2 of the Variation Agreement. Please read the section of Schedule 2 entitled "Institutional Administrative Use".
If you are an Authorised User, you may use the Ordnance 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 Ordnance 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. However, the student must not under any circumstances give any data to either the local pressure group or the national charity (see clauses 4.1.6. and 4.1.8). This includes data and derived data held in application software.
You may publish such maps in your prospectus and on your website. Clauses 3.1.13 and 3.1.14 of the Sub-Licence Agreement state this. There are limits on the size of the maps you can publish. Details of these size limitations can be found in Schedule 2 of the Variation Agreement, under "Institutional Administrative Use".
Use of the maps and data for such purposes is permitted within the bounds of "fair dealing". This may cover the making of a single copy of a map or other very limited use of the maps and data, so long as it falls within the scope of the term "private study" (see definition of "Educational Purposes"). This includes study purely for personal purposes.
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 which 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 4.1.7)
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. You may "incorporate parts of the Digital Maps in printed and electronic conference papers, articles, articles publishes in a journal publication and poster sessions". This is subject to the provisions of Schedule 2 of the Variation Agreement, which details the size limitations on published maps. These vary between paper and electronic publications. If your publisher requires confirmation of this permission directly from Ordnance Survey, you should contact the Ordnance Survey University Liaison team.
Data may not be published under any circumstances. This includes publication as GeoPDF.
All maps produced from Ordnance Survey data (either made by the Digimap service or made from data downloaded by you from Digimap) should carry the following copyright acknowledgement:
© Crown Copyright/database right 20(yy). An Ordnance Survey/EDINA supplied service.
where 20yy is replaced with the year in which the maps are produced. If you use Ordnance Survey data to create computer models or derived data, these too should be acknowledged.
If you have Ordnance Survey material which is licensed under a different agreement from the JISC-Ordnance Survey licence, the copyright acknowledgement will be different. You should check the terms of that licence or ask Ordnance Survey for the correct wording for this.
You can publish maps taken from Digimap or created by you in a variety of publications. Clause 3.1.7 of the Sub-Licence Agreement 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 on your institution's website as part of a course or project. There are limits on the size of maps you can publish. These are listed in Schedule 2 of the Variation Agreement.
You may not publish maps in books without a separate licence. To arrange this, please contact the Ordnance Survey directly.
Data may not be published under any circumstances. This includes the publication of GeoPDF.
Yes. Clause 3.1.11 of the Sub-Licence Agreement 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 rules of the JISC-Ordnance Survey sub-licence apply to data derived from Ordnance Survey data as well as to the original Ordnance Survey data itself. Derived data is defined as:
"any data which originates from an original Ordnance Survey Dataset is considered to be 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. This is specified in clause 2.5 of the Variation Agreement. 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.
You can share the model with individuals who are Authorised Users in other subscribing institutions. However, BGS is not an eligible organisation under the Sub-Licence and Variation Agreements. Therefore you cannot pass the model to them. Please read question 22 for the terms governing transfer of data between institutions. Sponsoring organisations which may not be eligible to subscribe to the Ordnance Survey Data Collection may be given printed copies of reports containing maps. They must not be given copies of any Ordnance Survey data unless they already hold a separate licence to use the same data (see clause 3.1.6 of the Sub-Licence Agreement).
Clause 3.1.6 of the Sub-Licence Agreement 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). If your model includes Ordnance Survey data you may not give a copy of it to your sponsor. You may not give any Ordnance Survey digital data to your sponsor unless your sponsor already holds a licence from Ordnance Survey to use the same data. If they do not already hold an Ordnance Survey licence, they may apply separately for a commercial licence under which to use the data.
Yes. Clause 3.1.5 of the Sub-Licence Agreement 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 Q18 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 in the Sub-Licence Agreement). This means that all members of your class must be Authorised Users (see Q2 for help with this).
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 Ordnance Survey maps and data. However, clause 9.5 of the Sub-Licence Agreement states that you may keep copies of maps. You may not keep copies of the data.
No, providing the plots are being used for Educational Purposes by Authorised Users. However, there are some size restrictions on publication of maps. These are detailed in Schedule 2 of the Variation Agreement, and vary depending on the format (paper or electronic) of the publication.
Yes, you can make copies (see clause 3.1.4 of the Sub-Licence Agreement). There is no limit on the number of copies you can make. All copies must show the full standard copyright acknowledgement (see Q18).
Yes. Clause 3.1.13 of the Sub-Licence Agreement allows you to do this. The provisions relating to the use of data still apply.
There is no such thing as a “Digimap Licence Number”. If you need a specific licence number, please contact Ordnance Survey directly and explain why you need a licence number.