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Kanu Links
Digital Maps and the Copyright
With the topo maps on CD-ROM, recently acquired from QuoVadis, came my urge to share the newly acquired
wealth of information with the world. Nothing wrong with that, as long as one respects the
copyright that others have established for their work.
So, to clarify what I can do with the maps, I sent a note to Geomatics, the owner of the
information represented by the maps, and here is some of the correspondence. LAst not
least, below is a sample of contract conditions that may be applied if you decide to enter
into a contract to display their information on your website.
EK: If I print a section of the map for my personal use (e.g. print letter-sized
copies of sections of the map for canoe trips) are there any further rules?
Geomatics: Yes, you can print sections of a map for your own
personal use.
EK: May I clip out a small section of the map and include it in an
email to a friend? If so, what is a reasonable size that this clipping may be?
Geomatics:If you have a friend that would like to obtain part of the QuoVadis
Navigator product, he should obtain his own copy from Joachim Bungert PC-Service or one of
his Distributors.
EK: If I include such a piece of the map on a webpage (e.g. to illustrate the
report of a canoe trip), I expect that I need to specify "Copyright Her Majesty the
Queen in Right of Canada". Do I also need to enter a formal contract with Geomatics?
Geomatics: In order to display Digital Topographic Data (DTD)
on your Web site, you will need to obtain from us (Centre for Topographic
Information-Sherbrooke (CTIS)) a permission to do so.
To enter into contract with Geomatics, get in touch with "Charron,
Lynn" LCharron@NRCan.gc.ca. Here
are some conditions that could be part of your contract :
"Canada hereby grants to ... a
non-exclusive, royalty-free licence to reproduce certain maps and CD-ROM (Quovadis) from
described below for the sole purpose of including excerpts of those maps and CD-ROM on his
World Wide Web site via Internet and for no other purpose whatsoever and subject to the
following terms and conditions:
1) This licence applies solely to the National Topographic Series map
sheets, or any part thereof, described in Schedule A (the "Maps").
2) ... shall ensure that the resolution of the Maps reproduced by him
shall not exceed 200 pixels per inch.
3) .... shall not display more than 25 % of the contents of each single
map sheet of the maps.
4) Canada reserves all rights to authorize other parties to reproduce
the Maps for any purpose whatsoever.
5) .... shall not authorize or license third parties the right to
reproduce or distribute the Maps.
6) ... shall prominently display the following copyright notice on the
Maps reproduced by him and in an aknowledgement section displayed on its World Wide Web
site:
© Her Majesty the Queen in Right of Canada, reproduced with permission from Natural
Resources Canada.
7) .... shall maintain adequate records for the purpose of audit
and evaluation to confirm compliance with the terms and conditions of this Agreement and,
shall make such records available to Canada's representative upon request.
8) .... shall advise Canada in writing when his web pages containing the
Maps will be appearing on ....'s World Wide Web site and supply Canada with the Internet
address.
9) The Maps are provided on an "as is" basis and Canada makes
no guarantees, representations or warranties respecting the Maps, either expressed or
implied, arising by law or otherwise, including but not limited to, effectiveness,
completeness, accuracy or fitness for a particular purpose.
10) Canada shall not be liable in respect of any claim, demand or
action, irrespective of the nature of the cause of the claim, demand or action alleging
any loss, injury or damages, direct or indirect, which may result from Erhard Kraus use or
possession of the Maps. Canada shall not be liable in any way for loss of profits or
contracts, or any other consequential loss of any kind resulting from any defect in the
Maps.
11) ... shall indemnify and save harmless Canada and its ministers,
officers, employees and agents from and against any claim, demand or action, irrespective
of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses,
damages or injuries (including injuries resulting in death) arising out of .... use or
possession of the Maps.
12) The parties agree that Canada may terminate ......'s licence to
reproduce and use the Maps at any time upon ten (10) days written notice to .....
13) This Agreement shall be governed by and construed in accordance with
the laws in force in the Province of Ontario.
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