Ordnance Survey Ireland
Ordnance Survey Ireland OSi Observations DPER Issue for Consideration 1. What licences are public bodies currently using? (e.g. PSI, Open, etc.). Any views on the general applicability of a preferred Open Data licence to PSI? OSi Comment OSi currently use the Inspire Licence on GeoPortal.ie for compliance with the EU Inspire Directive. OSi also uses a proprietary commercial licence type for the re-use of Government copyrighted map data. OSi use variants of this proprietary commercial licence for education use and research / development use. OSi thinks that attribution should remain. At least part way down the licence chain (direct licences e.g. CC BY but possibly not to sub-licences e.g. CC BY-SA). 2. CC0 requires waiving of certain rights (including Attribution, although it can be specifically requested, eg, https://open.fda.gov/terms/). Is this acceptable to public bodies? 3. If public bodies need to retain copyright of datasets, can this be done through the CC-BY licence? In our opinion it can. 4. Are we clear on the copyright owner of data generated by Public Bodies in all cases? Does it always belong to the body/department which created the data? Are there always stringent contracts in place to ensure that copyright cannot rest with an external creator such as a contractor? Yes, OSi would always have clarity on where copyright resides. In cases where third parties have copyright in the data OSi distributes, OSi has ensured that it has the right to distribute the data and we grant the user the right to use the data. 5. What process/governance will be in place to ensure that data being published on data.gov.ie can actually be published under an Open Data licence? e.g. to ensure the data is appropriately anonymised if necessary (and complies with data protection) or is not breaking previous copyright rules? OSi operates extensive internal data management and data governance procedures that can be used to ensure that any data published is not breaking previous copyright rules. OSI would not generally have data that needs to be anonymised. 6. Can multiple licence formats be used, depending on the complexities of each dataset? For example, if a Third Party has contributed copyright material. Can an institution release some data under an Open Data licence, with non-Open Data linked via the Open Data portal, but under another appropriate licence? Or, should only datasets associated with the recommended Open 18/03/2015 From a user perspective it might be confusing and to publish data on data.gov.ie that requires conformance to more than one licence type. Properly attributed Open Data would allow the user the option of approaching the publishing organisation, under a separate mechanism, to seek additional datasets that might be of interest to them. Page 1 Ordnance Survey Ireland Licence be included on data.gov.ie? 7. Can CC0 be used for all the metadata published on data.gov.ie, with a different licence being used, if necessary, for the actual dataset on the public body’s website? 8. What arrangements should be made in respect of data that a public body sells as a means of self-funding (OSi, CRO, PRA)? In that way there would be an obvious separation in process, protecting the user from inadvertent misuse of data available on data.gov.ie. Yes. OSi are seeking to make some of its data available under an Open Licence on data.gov.ie. As per our response in Question 2, OSi’s preference is CC BY (Attribution Only). OSi would need to seek compensation for any lost commercial revenues associated with the provision of Open Data (as OSi is presently required to substantially cover its operational costs from the commercial licence and re-sale of its data). OSi would expect that in some instances users of this data would transition to OSi commercial licenced data as the need arises. This transition is at the user choice, but is assisted by properly attributed Open Data. OSi’s opinion is that maps, be they topographic or cadastral, are considered as databases protected by EU Directive 96/9/EC. An open data licence, by waving or relaxing conditions, then allows that data to be used in a particular way. 9. Are the open licences (Creative Commons, Open Data Commons) compatible with EU and national copyright and database-related legislation? For example, under Directive 96/9/EC, provision has been made for a set of sui generis arrangements whereby the creator of a database, whether a natural or legal person, can prohibit the unauthorised retrieval and/or re-use of its contents. 10. What are the implications for data generated for cross-border projects (eg, Ireland-Britain, if different licensing arrangements are in place? OSi overcame these problems with the Inspire Directive by working in harmony with Land & Property Services NI; a similar approach is required. 11. Are you aware of any legal impediments to using an Open Licence for specific datasets? No This is preferable to OSi. Finally, please provide your views on two proposed licensing statements: 12. Content published through the national open data portal, data.gov.ie, is licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence unless otherwise stated. Content on or linked 18/03/2015 Page 2 Ordnance Survey Ireland through the portal which is not covered by the CC-BY licence is clearly marked with the appropriate licence or copyright statement. Such an approach allows for a tiered approach to the openness of the data. If CCBY is not used, the public body should explain why. 13. Unless otherwise noted, the content, data, documentation, code, and related materials on data.gov.ie is available with a Creative Commons CC0 1.0 Universal dedication. This dedication waives all rights to the work worldwide under copyright law, including all related and neighbouring rights, to the extent allowed by law. You can copy, modify, distribute, and perform the work, even for commercial purposes, all without asking permission. This dedication implies no warranties about the work. There is no liability for any uses of the work, to the fullest extent permitted by applicable law. Some data on data.gov.ie may not be covered by the CC0 dedication, such as copies of copyrightable works made available to the public bodies by private entities. Such works may made available under the provisions of extant Copyright legislation and any relevant EU Directives. Therefore, your rights to use those works may be similarly limited. Works where CC0 do not apply will be clearly marked by a warning in the relevant documentation (for example: “This data is not in the public domain. Third party copy rights may apply.”). 18/03/2015 Page 3
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