2. Geospatial Information: Intellectual Property Rights (IPR) Professor George Cho Professor of Geoinformatics and the Law University of Canberra george.cho@canberra.edu.au University of Silesia, Poland 11-12 May 2016

3. What I promise  Two vignettes A map A song  Intellectual Property Rights  Copyright Responsibilities and  A Copyright Strategy

4. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Now, here’s a couple of quick quizzes Vignette #1

5. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland The grid reference for Weymouth shown on the map is either SY 690 790 or 690 790 … but, one reference is Crown Copyright while the other is not. Which of the two grid references above is protected by copyright Quiz 1

6. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Quiz 2 You may place a piece of tracing paper on the map above and trace a map of the area and not infringe copyright. True / False Given that the map above looks accurate enough for your purposes you may take ground control points off the map. True / False You have paid Ordnance Survey for the use of the digital data of the map above. Therefore, you can now use it for any purpose that you wish. True / False

7. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland There is no Crown Copyright in the National Grid shown on the left. True / False The National Grid shown on the left is not copyrightable. True / False Quiz 3

8. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Quiz 1: SY 7690 790 is copyright Quiz 2: Tracing the map – False Take ground control points – False Use OS map for any purpose – False Quiz 3 No Crown Copyright National Grid – False National Grid not copyrightable -- False Answers: Quizzes 1, 2, & 3

9. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Copyright and Derived Data All derived data that you use (in a GIS) may have copyright owned by someone whether it is you, your organisation, or some third party. Hence, it is very important to keep careful track of who owns the copyright on each piece of information incorporated (into a GIS dataset) as this will affect how one can publish the data and who else can make use of it.

10. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland OS Maps and Data  The National Grid on OS maps in the UK is covered by Crown Copyright. Generally you can copy the National Grid without having to pay a charge, but you must print the following acknowledgment: "The grid on this map is the National Grid taken from the Ordnance Survey map with the permission of the Controller of Her Majesty's Stationery Office".  Use of OS data. The general case is that everything conveyed within an OS product is Crown Copyright.  Taking ground control points from OS maps is a restricted right under copyright law. Not covered by a standard licence and a charge is almost always made.  Using OS data to specify position of other data gives the OS an intellectual property right in the resultant data.  The OS does not generally grant permission to digitise any OS copyright material for which there is an existing digital equivalent.

11. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Worst Case Scenario "If you reproduce our maps or use our digital data without our permission, this is known legally as an infringement of the Copyright, Designs and Patents Act 1988. If you do this you are stealing the results of our work and we will take legal action. We will decide if you must pay damages and if you must destroy the copies. Our minimum damages will be the same as the royalty fees which apply at the time we discover the infringement, plus 25 per cent".

12. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Copyright Infringement Crown Copyright is infringed if information is reproduced without permission from the copyright holder. Copyright is infringed when  the copying is by hand or by mechanical means;  the copying is direct or through a fresh drawing in whole or in part, or from a map or document. Exceptions: fair dealing educational purposes research, and judicial proceedings

13. Copyright © George Cho, May 2016 U Silesia, Katowice, Poland Thank you