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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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