Publishing 2 - Land & Property Services/ Ordnance Survey of Northern Ireland (LPS/ OSNI) Branded Intellectual Property (IP) within reports guidance notes
Read these guidance notes before completing an application for permission to publish Land & Property Services (LPS)/ Ordnance Survey of Northern Ireland (OSNI) Branded Intellectual Property (IP) within reports.
1. Introduction
1.1 If You wish to publish any work protected by the Copyright Designs and Patents Act 1988 (as amended) (the “Act”), You should take all reasonable steps to identify the Copyright owner of the material to obtain permission to make copies.
2. Crown copyright in LPS IP
2.1 Under the “Act”, Crown Copyright subsists from the publication date to the end of that calendar year and then for a further 50 years. The Chief Operating Officer, Land & Property Services, has a Delegation of Authority from the Keeper of Public Records in whom is vested by Royal Letters Patent the Crown Copyright in all Government information and works for licensing the copyright and database right in all IP produced by LPS.
2.2 If You publish copyright protected LPS/ OSNI Intellectual Property (IP) or material based upon copyright protected LPS/ OSNI branded IP without LPS permission, You are acting in breach of the “Act” and infringing Crown copyright in LPS IP. LPS may initiate criminal or civil action.
3. Publishing
3.1 Using the appropriate Publishing application form You must apply for LPS permission if You wish to use LPS IP in Your report.
3.2 If permission is granted, a Report Publishing Permit will allow You to publish the IP within reports and will be valid for four (4) consecutive quarters* from the Commencement Date**.
*a quarter is a three (3) month period, with the possible exception of the first quarter which will end on the first quarter end date reached after the Commencement Date.
**Commencement Date will be the date of issue of the Report Publishing Permit
3.3 Each quarter end date shall be 31 March, 30 June, 30 September and 31 December.
3.4 If the You wish to continue to publish the IP in reports at the end of the four (4) quarter period, then You must apply for a new Report Publishing Permit.
4. Copyright Royalty fee
4.1 LPS will charge You Copyright Royalty rates.
5. Payment
5.1 You shall, without set off or deduction, pay all monies due in respect of the Report Publishing Permit in accordance with the Sales Policy;
5.1.1 Should You decide not to proceed with Your publication You will have to pay LPS the minimum charge for issuing a Publishing Permit £60.30 +VAT.
5.2 You must let LPS Intellectual Property Rights (IPR) Branch know in writing (emails are accepted) if You decide not to publish.
6. Right to cancel
6.1 If You inform LPS IPR Branch in writing (emails are accepted) of Your decision not to publish any reports containing reproductions of the IP within seven (7) days of the Commencement Date, We will not charge You.
7. Guidance for publishing
7.1 The IP includes, but is not limited to, OSNI branded paper mapping, digital mapping data, air photography and orthophotography.
7.2 The Report Publishing Permit is only for the Permit Holder’s use. LPS permission is granted to the Permit Holder for the copies of a report(s) produced by the Permit Holder.
7.3 Third parties in receipt of reports published under the Report Publishing Permit must obtain permission from LPS to further reproduce these reports.
7.3.1 Any third party wishing to further reproduce these reports should contact LPS IPR Branch.
7.4 Permit Holders should bring this to the attention of those receiving reports published under this Report Publishing Permit.
8. Quarterly returns
8.1 You must submit a quarterly return confirming size and total copies of LPS IP used in report(s) in each quarter to LPS during the period of this Report Publishing Permit.
8.2 LPS IPR branch will email the quarterly return form in advance of the last day of each quarter.
8.3 Each submission is to be within ten (10) days of the end of each quarter. Where You have not published in a quarter a Nil return is to be confirmed.
8.4 Failure to make quarterly returns may result in the Report Publishing Permit being withdrawn, whereupon You will be invoiced for the Copyright royalties due.
9. Charges
9.1 The minimum charge for the issuing of a Report Publishing Permit is £60.30 +VAT.
9.2 On completion of the fourth quarter You will be invoiced for all Copyright royalties due.
9.3 Copyright royalties are calculated by applying the Category A publishing rate to the quarterly returns submitted by You.
9.4 If total usage over the four quarters is less than the minimum charge for the issue of a Report Publishing Permit, You will be invoiced for the minimum charge.
9.5 All charges are subject to the prevailing rate of Value Added Tax.
9.6 These charges will be reviewed from 1 April each year.
10. Copyright acknowledgement
10.1 Each authorised reproduction must include the:
10.1.1 Report Publishing Permit Number;
10.1.2 Year of publication; and
10.1.3 One of the following acknowledgements:
10.1.3.1 “This Intellectual Property is Crown Copyright and is reproduced with the permission of Land & Property Services under Delegated Authority from the Keeper of Public Records, ©Crown Copyright and database right” or;
10.1.3.2 Where the reproduction is not solely confined to LPS Intellectual Property the words “Based upon” should be inserted after “This Intellectual Property is” and before the words “Crown Copyright” in the acknowledgement.
10.1.3.3 The note “©Crown Copyright” along with Your Permit number & the Year of Your publication will be sufficient for a finished reproduction of less than 200 sq cms.
10.1.3.4 When the extract is obtained from out of Copyright material the acknowledgement should be “Reproduced from the ___” (Year of publication) Land & Property Services/Ordnance Survey of Northern Ireland® map”.
11. Data Protection
11.1 Any personal data* You provide will only be used for the performance of Your contract with LPS as set out in the LPS privacy statement.
*Personal Data shall have the same meaning as is set out in s. 3(2) Data Protection Act 2018.
11.2 None of the OSNI products available from LPS contain Personal Data.
11.3 If, in the event of reproducing LPS IP under this Licence, You incorporate or combine any Personal Data with the LPS IP in the course of preparing and publishing Your Report(s), You acknowledge and accept that You shall:
11.3.1 Be solely responsible for ensuring all Data Protection Legislation is adhered to and complied with; and
11.3.2 Keep LPS harmless from any and all claims or liability for any breach of data protection legislation arising from any datasets you incorporate or combine with the LPS IP.
Apply
- Publishing 2 application
- Publishing 11 - Standard Publishing rates
- Publishing 12 - Commercial copyright Royalties publishing rates for atlases without advertising
- Publishing 13- Commercial Copyright Royalties publishing rates for flat maps - without advertising
- Publishing 14 – Royalty rates for media
Contact Us
E-mail: copyright@finance-ni.gov.uk
Write to:
Intellectual Property Rights (IPR) Branch
Land & Property Services
Lanyon Plaza
7 Lanyon Place
Town Parks
Belfast BT1 3LP