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Copyright

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