Publishing 1 - Permission to Publish Land & Property Content

Understanding the Application for Permission to Publish Land & Property Services Content in Northern Ireland

The Publishing 1 - Application for Permission to Publish form is an official document issued by the Department of Finance Northern Ireland, specifically through the Land & Property Services (LPS) and the Ordnance Survey of Northern Ireland (OSNI). This form is essential for individuals or organisations seeking to publish maps or other intellectual property (IP) branded by LPS/OSNI. Its primary objective is to ensure that the use of Crown copyright protected material adheres to legal requirements and licensing conditions.

Purpose and Scope of the Form

The form serves as an official request for permission to reproduce or publish LPS/OSNI branded IP, including maps, aerial photographs, and other geographic data. Given that these materials are protected by Crown copyright, publishing without prior approval constitutes a breach of copyright law, which could lead to legal action. The application process ensures that copyright holders retain control over the dissemination and commercial use of their IP, while also providing a clear framework for licensing and fee calculation.

Preparing Your Application

Before submitting your application, it is advisable to thoroughly read the included Publishing Guidance Notes. These notes clarify the legal obligations and the scope of permissible use. Applicants should gather detailed information about the specific IP they intend to publish, including the name and year of publication, sheet or plan number, scale, and any relevant aerial photograph or orthophotograph identifiers.

It is crucial to specify the components of the LPS/OSNI branded mapping you plan to reproduce. These components include boundaries, contours, water features, road and rail networks, vegetation, symbols, urban outlines, and place names. The selection of components influences the licensing fee, with use of three or more components classified under Category A, incurring higher royalties.

Submission and Processing of the Application

Applications must be completed in full, using block capitals, and sent to the designated address or via email. The form requires detailed applicant information, including company name, contact details, VAT registration number, and the proposed commencement date for publication. Additionally, applicants must specify the intended print run, publication date, and printer details.

Once submitted, the IPR Branch of LPS reviews the application. If permission is granted, the applicant receives a Publishing Permit, which specifies the terms, conditions, and royalties applicable. The permit must be used within six months from the commencement date, or it will expire, necessitating a new application unless an alternative publication date has been agreed upon.

Financial Considerations and Royalties

Publishing LPS/OSNI IP incurs royalties based on the number of copies and the components used. The rates vary depending on the scope of reproduction, with a minimum fee applied for the permit issuance. For maps or atlases that cover the entire region of Northern Ireland, discounted rates may apply, especially when overlaps are involved.

Importantly, maps derived or redrawn at scales of 1:1,000,000 or smaller are exempt from royalties, provided that appropriate copyright acknowledgment is included, stating that the material is based on LPS/OSNI IP.

Post-Publication Responsibilities

After publication, the licensee must provide a print run docket from the printer, confirming the number of copies produced. This documentation is essential for royalty calculations and compliance monitoring. Additionally, if the applicant decides not to proceed with publication, they are required to inform the IPR Branch in writing and pay the minimum permit fee, even if no copies are produced.

Legal and Compliance Notes

Publishing LPS/OSNI IP without proper authorization constitutes a breach of the Data Protection Act 2018, UK GDPR, and copyright law. The Department of Finance Northern Ireland emphasizes the importance of adhering to licensing conditions to avoid potential legal action, including civil or criminal proceedings.

Applicants should ensure that all information provided is accurate and complete. The application process is designed to protect the integrity of Crown copyright while allowing legitimate use of geographic and mapping data under controlled conditions.