The previous two chapters of the Dissemination of Government Geographic Data: Guide to Best Practices set out a detailed account of the fundamental concepts of an integrated framework for the dissemination and licensing of government geographic data, and provide standard clauses for the expression of these concepts as well as other important licensing protocol within standard licence agreements. These approaches have been vetted through wide discussion with government geographic data licensing departments, the federal Department of Justice, and data users.
Having discussed these approaches in detail, this chapter steps back from the details in order to provide a synopsis of the most important elements of the integrated licensing framework. This overview reinforces the key concepts presented in this volume for the dissemination and licensing of government geographic data, and provides an easy reference point for discussion and further refinement of the integrated licensing framework. These materials also lend themselves well for use in presentations, licensing workshops, and communications efforts targeted to non-specialists.
The central contribution of the Dissemination of Government Geographic Data: Guide to Best Practices is the formulation of an integrated framework for the dissemination of government geographic data, taking into consideration the three most commonly used approaches to licensing government geographic data. Within this framework, each distribution model is seen as a single tool within a toolbox. Each tool can be used to perform specific functions, but several tools are required to construct a complete and effective data dissemination strategy for agencies producing or distributing a variety of data for distribution to clients with different needs. The integrated framework ensures that each model:
A graphic overview of the integrated framework can be presented as follows:
| Integrated Framework for the Dissemination and Licensing of Government Geographic Data Geographic Data |
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| Unrestricted Use |
End Use |
Distributor |
|
| Primary Dissemination Objectives |
Ø Promote the widest public use and private benefit of the data Ø Promote wide recognition of government source Ø Use to solicit interest in other data sets |
Ø Promote use of data while retaining control on the number and/or type of user Ø Recovery of costs associated with distribution Ø Controlled use for security, data integrity reasons |
Ø Promote wider use of data through access to established distribution channels Ø Promote wider use through value added product / service development Ø Recovery of costs associated with distribution |
| Positive Aspects |
Ø Ease of administration Ø Strong public support Ø Public Relations |
Ø Effective control of number / type of users Ø Predictable impact on cost recovery |
Ø Access to distributor’s distribution channels Ø Greater potential for cost recovery |
| Negative Aspects |
Ø Reduced control over uses of data |
Ø Administrative burden Ø Potential inhibitor of wider use and value of data |
Ø Administrative burden Ø Reduced control over cost recovery Ø Reduced control over uses of data |
| Appropriate Uses |
Ø Marketing applications Ø Data placed in the public domain Ø Data sharing agreements |
Ø Controlled use of data Ø Retain data integrity Ø Cost recovery |
Ø Marketing applications Ø Data with broad potential for value added Ø Cost recovery |
Perhaps the greatest strength of the integrated framework set out above is that it affords an opportunity to make explicit the relationships between each dissemination model, to clarify distinctions, and to focus discussion on the objectives of data dissemination rather than the particularities of any given license agreement. In turn, this higher-level approach to the discussions can be used to engage senior managers and policy staff in the resolution of issues, with decisions being incorporated into subsequent revisions of the integrated framework.
Throughout the development of the integrated framework presented in this Guide to Best Practices, attention has been paid to the identification of core concepts for broad and common use. These concepts tend to find similar expression irrespective of dissemination model, as they stem from key data dissemination objectives. A review of common data licensing practices has also served to identify a variety of best practices as regards licensing protocols and important contractual details. These are also given common expression within the integrated framework.
The core concepts employed within the integrated framework are summarized in the following table. This table can be used as a quick reference chart to assist licensing practitioners and data users on the approaches advocated for use within the framework.
Core Components of the Data Distribution Models |
|
| Licence Grant |
►The primary objective of government data dissemination is to encourage maximal use and benefit of data produced at public expense, either directly by users, or through value added products and services delivered through intermediary parties. Ø The licence grant outlines the terms governing authorized use of the licensed data. It will support the primary objectives of government data dissemination, tempered, however, where secondary objectives such as cost recovery or controlled use of the data are also of some importance. |
| Liability |
Ø Licensor risk of liability as a result of damages incurred through use of the licensed data is managed, to the extent possible, through express delivery of the data in "as is" condition, and with no representation or warranty of any kind with respect to the accuracy, usefulness, novelty, validity, scope, completeness or currency of the Data. Where the licensed data may be further distributed by the licensee, this disclaimer of liability must form part of any sub-licence agreement. |
| Indemnification |
Ø Indemnification acts to further manage the risk of licensor liability, to the extent possible, by requiring that the licensee warrant that they will not hold the licensor liable for damages arising from the use of the licensed data. Ø Indemnification of the government data provider may not be enforceable in agreements struck between a data licensee and their own sub-licensees, to the extent that it can be managed. However, this does not materially elevate risk of government liability, as the sub-licensee would have to demonstrate that the government: Ø 1) knew or ought to have known that the data delivered was not accurate; Ø 2) owed a duty of care to the sub-licensee; and Ø 3) that the sub-licensee incurred damages as a result of the government’s negligence. |
| Acknowledgement |
Ø Acknowledgement of government data source is expressed as a requirement to cite the data source and include any government-furnished metadata in any downstream products or services containing the originally licensed government data. |
| Derived Products |
Ø A derived product is any product or service made operational through use of, or derived from the licensed government data. Ø A key objective is to promote the development of derived products and services as a stimulus to socioeconomic growth. Ø The end-user model restricts the further distribution only of derived products containing the originally licensed data. |
| Intellectual Property |
Ø The intellectual property rights in the licensed data are never transferred as a result of the use or modification of the licensed data. Ø Conversely, the intellectual property rights resulting from any extension or enhancement of the licensed data, or development of derived products or services rest with the party giving rise to those enhancements and developments. |
| Term and Termination of Contract |
Ø The integrated framework recommends the use of automatically repeating terms of a fixed length. Ø Termination of an agreement is affected automatically by breach of contract, by request from the licensee, or by mutual agreement. |
| Other Supporting Components |
Ø The integrated framework employs the use of other standard clauses that reinforce and clarify various contractual aspects of each dissemination model for the benefit of the data producer and user. Ø Common approaches are employed for preamble, most definitions, governing law, entirety of agreement, dispute resolution, etc. |
The geographic data dissemination and licensing practices presented in this Dissemination of Government Geographic Data: Guide to Best Practices are the result of extensive discussion within government, and the private and academic sectors. These discussions were driven by a common desire to develop ways in which to further improve the use and benefit of government geographic data by refining government data dissemination objectives, and the licensing practices necessary to achieve them. Strong participation by government licensing practitioners throughout this process has been key, as the results of the discussions must be considered as being sustainable within current policy and operational environments.
The GeoConnections Program has supported these discussions throughout, first by encouraging the start-up of small sub-groups under the GeoConnections Policy Node to discuss and develop a general approach to standard licence agreements, and more recently, through discussions of the results of this work within federal, provincial, and territorial discussion forums. In an effort to broaden the discussions, the GeoConnections Policy Node has pursued the start-up of selected communities of practice in government geographic data dissemination and licensing.
The chief objectives of forming such communities are to:
Within the federal government, the Inter-Agency Committee on Geomatics (IACG) represents the single largest community of government departments and agencies involved in the production or use of government geographic data. The IACG has intensified the discussion of a number of key policy issues over the past year, one of which has been a proposal to establish a Work Group on Geographic Data Dissemination and Licensing Practices. This proposal received wide support from the IACG Steering Committee, comprised of Assistant Deputy Ministers of member departments and agencies. The Work Group has been established, with early focus on common approaches to disclaimers and acknowledgement for web-viewable government geographic data.
Nationally, the Canadian Council on Geomatics (CCOG) represents the single largest community of government departments and agencies closely associated with the production of government geographic data. All key provincial and territorial agencies are represented, as well as many of the federal departments and agencies with close ties to provincial and territorial activities. CCOG has been supportive of the work on harmonized licensing, and in 2003, recommended that a Work Group on Geographic Data Dissemination and Licensing be established to pursue the further advancement of these discussions. This Work Group has been established, with an early focus being given to a review of federal, provincial, and territorial policies and statutes affecting the dissemination and licensing of government geographic data. The goal is to determine the extent of agreement of these legal frameworks in order to focus on opportunities for advancement of discussion on issues for which a common approach can be pursued.
Although the mid-term plans of these working groups are still in development, the further review and refinement of the Best Practices Guide is seen as central to making progress on government geographic data dissemination objectives and licensing practices. Indeed, there is strong encouragement from both senior management and data users to continue to make progress in this direction.
Accordingly, the following steps are proposed to advance the discussions over the next several months:
In closing, it is imperative that as this process moves toward ever more concrete plans for implementation, that both government data producers and the users of such data are kept abreast of the status of activities, and are able to continue to provide input on the resolution of issues. This breadth of discussion will ensure that the resulting changes to government geographic data dissemination and licensing practices will be of broad benefit to all parties seeking to increase the use and value of government produced geographic data for all sectors of Canadian society.