As you will be aware, all data on the NBN Atlas is governed by one of four data licences with the CC-BY-NC licence not allowing commercial use of the data. Downloading or viewing data available on the NBN Atlas under a CC-BY-NC licence, for the purposes of producing a report or advice for which the data user is receiving any sort of payment (including cost recovery), is considered to be a breach of the licence.
Breach of licence conditions
A summary of the breach of licence conditions is given below:
- If you breach the licence conditions for use of data, including images, obtained from the NBN Atlas you may be liable for a fixed charge of £500 per data partner (i.e. if you use data from 3 data partners the fixed charge will be £1500).
- If a fixed charge notice is issued you must respond by paying, or appealing, the charge within 21 days of the date of issue
- If you appeal, the NBN Trust will convene a panel of experts to adjudicate, the panel’s decision will be final
- If you ignore the notice or fail to pay when requested the NBN Trust may take further action to recover the sum you owe. This can result in additional charges being applied to the Fixed Charge Notice and may result in a County Court Judgment.
Highlighting a suspected breach of licence conditions
When a Data Partner highlights a suspected breach of licence conditions and requests follow up by the NBN Trust, they must:
- be an NBN member
- provide evidence in support of the suspicion that the licenceconditions have been breached
- have already made reasonable attempts to resolve the issue with the data user
If a fixed charge is issued, this will be split between Data Partner and NBN Trust 60% / 40% in favour of the Data Partner.
Making licensing regulations more visible
When downloading data, the NBN Atlas user now has to check a box to indicate that they understand and accept that any CC-BY-NC licenced records must not be used for commercial purposes without the permission of the data provider and that breach of the licence conditions may result in a fixed charge notice.
In addition, when a new user registers for the NBN Atlas they will now have to tick a check box to indicate that they have read and understood the Terms and Conditions in relation to non-commercial use.
If you have any questions relating to the above revisions, please email firstname.lastname@example.org
Thank you for your support and continued use of the NBN Atlas.