Copyright and
Ordnance Survey
Local Authority Service Level Agreement
There is much confusion over the new rules arising from the
Local Authority Service Agreement. The following guidance, hopefully, clarifies the
situation.
Copying OS maps
Apart from the strict copying for educational purposes (see
Education Licences below), the public library should not allow copying from OS mapping for
purposes other than research or private study. Copies made for this purpose under
Fair Dealing or the Library Regulations (see LA/JCC/BRICMICS/OS Agreement below) may only
be made in the public library. They may not be made in other local authority departments.
Copies made for this purpose should, ideally, be stamped or labelled Fair Dealing Copy.
Copying from digital mapping in a public library is dealt with in the same way as
printed mapping i.e. marked Fair dealing or acknowledging the source and the
requester should sign a declaration form.
Planning Applications
Members of the public (private individuals or business
persons) should not obtain map copies from the library for planning applications. These
can be purchased from local authorities who have joined the Planning and Building Control
Scheme and produce map extracts for this purpose, or from Ordnance Survey agents.
LA/JCC/BRICMICS Agreement
Even though librarians are not given statutory permission
to copy artistic works under the Library Regulations, Ordnance Survey have an agreement
with The Library Association, Joint Consultative Committee and the British Committee for
Map Information and Cataloguing Systems (BRICMICS) to allow librarians to copy OS maps for
their users subject to certain conditions. Requests must be accompanied by a copyright
declaration form and meet the other conditions specified in the Library Regulations. The
maximum amount which may be copied is 4 copies of a single extract from an Ordnance Survey
or OS-based map not exceeding 625 sq. cms (A4 size). These must be straight scale copies
i.e. they may not be enlarged. The same amount may be copied by a member of the public for
the purposes of research or private study.
Posters
Posters have been sent to all public libraries for display.
OS liaison officers in local authorities have been sent a monochrome version so that they
can see what libraries are restricted to doing. Posters can be copied as handouts to the
public.
Lending
The section 2.22.2 para. 1 of the Service Level Agreement
seems to state that libraries are not allowed to lend OS maps. There is no restriction
on lending copies. The restriction only applies to reference copies. It is an
unnecessary statement, as reference copies by their definition are not lending copies, but
OS have insisted on including it.
Business Licence
The OS has licensed many companies (architects, surveyors,
solicitors, estate agents) and also big utility companies, NHS Trusts and Government
departments to copy OS mapping for commercial purposes. Copying is restricted to maps
which they have acquired legitimately in their own right. Licence holders are not
allowed to use public library material to copy.
Businesses wanting to copy from OS derived material e.g.
A-Z, GOAD Retail Plans etc., must apply for separate licences from these companies as it
is not permitted under the OS licence.
Education Licence
LEA schools may copy for educational purposes under the
Local Authority licence from OS mapping which has been legitimately obtained. This may be
done on the premises or by an outside contracted printer.
Schools may also obtain copies from the OS mapping held in
the public library under this licence. There is no size restrictions when supplying large
scale maps (i.e. 1:10000, 1:2500 or 1:1250 scales). However, at small scales (1:25000 and
smaller) copies must not exceed A4 size. It is advisable to contact the public library in
advance in order to make it clear that the copying is for educational purposes under the
terms of the licence. Otherwise, public libraries are obliged to limit the copying to fair
dealing amounts.
The University and higher education sector, Independent
sector, Grant Maintained sector, Public and Private sector all require a separate licence
for copying their own OS mapping for educational purposes on their own premises. If the
copying is for a purpose other than educational, i.e. copying for inclusion in a
prospectus, then an extra licence for business must be obtained from OS. Also, licence
holders are not allowed to copy public library mapping under this licence.
Summary
Members of the public may copy, or have copied for them, OS
maps from the public library stock or which they have purchased themselves, provided the
copying is for research or private study, does not exceed the 625 sq. cms, and is
stamped/labelled accordingly.
Schools may obtain copies from the OS mapping held in the
public library subject to the restrictions of the LEA licence.
OS maps may be lent in public libraries.
Sandy Norman
March 1997
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