Ottawa: 18 December 2008

GeoConnections Canada has published Version 2 of The Dissemination of Government Geographic Data in Canada - Guide to Best Practices. The Executive Summary states:

“This version of the Guide to Best Practices complements the initial version through its refinement of the integrated framework for the licensing of government geographic data recommended in 2005. It addresses distribution models that have emerged or increased in prevalence, including:

• web-based distribution models which are appropriate where the stated objective of a dissemination activity is to promote widest use possible of the licensed government geographic data, with no restrictions on further distribution. The Guide to Best Practices supports no-fee web-based distribution of government geographic data, provided it is effected within the parameters articulated in the recommended model template No-Fee Unrestricted Use Web-Wrap Licence Agreement. With respect to web-based distribution on a fee basis, the Guide to Best Practices acknowledges the availability, in law, of click-wrap agreements; however, for policy, contract and risk management reasons, it recommends that, in the context of an integrated approach to the licensing of government geographic data, producers of government geographic data wishing to distribute their data on a fee basis refrain from entering into click-wrap agreements. Rather, it is advocated that fee-based licence agreements be entered into using traditional methods; the delivery of the licensed government geographic data may, however, be done electronically, after signature of the applicable fee-based licence agreement.
• the reseller model is appropriate where the stated objective of a dissemination activity is to promote widest use possible of the licensed government geographic data through access to established distribution channels, with constraints on allowed uses so as to ensure the integrity of the licensed government geographic data. The fundamental characteristics of the reseller model are articulated in a model template Reseller Agreement;
• the value-added reseller model, which is appropriate where the stated objective of a dissemination activity is to promote the incorporation of the licensed government geographic data into value-added products and its distribution through established channels. This distribution model, appropriate in certain defined circumstances, is articulated in a model template Value-Added Reseller Agreement;
• no-fee and fee-based distribution models, anchored in the Unrestricted Use Model and in the End-Use Model. The Guide to Best Practices presents and discusses how these two models support very distinct dissemination objectives and require specific contractual provisions;
• data sharing between federal departments and agencies, and between federal departments and agencies and other levels of government. Version 2 of the Guide to Best Practices explains what type of documents should evidence such data sharing arrangements. It recommends two (2) model template Memoranda of Agreement for use when data is shared between federal departments and suggests the types of contractual vehicles to be used to evidence arrangements between the federal government and other levels of government.

Version 2 of the Guide to Best Practices replaces the 2005 version through its treatment of issues that are now at the forefront of matters that are of vivid interest to government data licensing practioners. For example:

• it addresses new federal data dissemination policy, as well as other overarching governmental policy positions that impact on the dissemination of government geographic data; and
• it discusses how the evolutive and transformative nature of geographic data, compounded with users’ technological sophistication and expectations for technology-based data distribution have spurred significant industry activity in a number of areas, including in relation to:
  • metadata and the development by industry of applications assisting in the development of metatada for geographic data;
  • web services; and
  • geographic digital rights management

Version 2 of the Guide to Best Practices sets out a revised integrated framework for the four types of government geographic data licensing models most commonly used in Canada - the unrestricted use model, the end-user model, the reseller model and the value added reseller model. It provides a rationale for appropriate uses, explains how each model builds on common structures, demonstrates their inter-relationships and provides clear guidance to assist licensing practitioners in selecting the most appropriate model and licence agreement. Recommended approaches to fundamental concepts such as ownership of intellectual property, liability, duration and termination are discussed in detail for the benefit of licensing practitioners, and are guided by data dissemination policy directives currently in force across federal departments and agencies.”

References:

Title:The Dissemination of Government Geographic Data in Canada - Guide to Best Practices Version: 2 Date: 2008 Pages: 184