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OS map copyright issue

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John Theobald, Addaswyd 12 Years yn ôl.

OS map copyright issue

Enthusiast Postiadau: 61 Dyddiad Ymuno: 19/10/2011 Bostiadau diweddar
We have had an issue that we could be breaching copyright by displaying unauthorised site location plans on the web (that have been submitted with planning applications). These are obviously supplied by the applicant as part of the application documentation and not by us. However, our legal team have looked into this and have advised that the authority are liable if we publish on the web, rather than the applicant. We can't make applications invalid because of an illegal OS extract so long as the site it clearly marked, but the regs say we must publish application documents on the web so we are getting into a bit of a legal circle with this. Has anyone any advice or experience in this area? Many thanks, John
Former Member, Addaswyd 12 Years yn ôl.

Re: OS map copyright issue

Hi John, When the conditions for the map return scheme changed a few years back OS did try to impose a ruling not allowing site plans on-line for every application. They would allow an example plan annotated as such. I seem to remember that the Planning Portal took up the case and persuaded OS to change their stance. In any case would the same copyright statement provided on your website for agents plans also cover OS plans? On our site, before you can view any documentation you have to agree to the following statement: "Plans, drawings and material submitted to Solihull Metropolitan Borough Council are protected by the Copyright, Designs and Patents Act 1988 (section 47). You may only use material which is downloaded and/or printed for consultation purposes, to compare current planning applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner. You must agree to adhere to the copyright statement in order to view planning application documents. If you disagree you will not be able to view these documents and will be taken back to the Development Control & Planning Applications page." This was recommended by the PARSOL/Information Commissioners guidance and the relevant part of the act allows copying solely for public consultation. Of course you need to be careful and perhaps closely follow the guidance to avoid further problems. Regards, Andy.
Former Member, Addaswyd 12 Years yn ôl.

Re: OS map copyright issue

The bit of the law you need to look at is Secondary Copyright Infringement, in particular how it has been applied to ISP's The question would be can an unlawfully obtained document be a valid submission? Would suggest you run this pass the council solicitor