Licenses and Licensing Kevin Pomfret Centre for Spatial Law and Policy
Licenses and Licensing
Kevin PomfretCentre for Spatial Law and Policy
Why Issue is Important?
Geospatial Products and Services are increasingly be developed using data from a variety of sources• Government• Industry• Crowd
Each are subject to their own licenses/data sharing agreements with varying terms/restrictions
Issue Impacts Everyone that Touches Data
Data ProvidersAggregatorsEnd UsersSoftware CompaniesCloud Providers
1. Define rights in Intellectual Property 2. Define use rights 3. Set forth payment terms 4. Allocate risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
5. Identify applicable law and other technical legal issues
Licenses
Facts not copyrightable.
“ A compilation of facts, however may be copyrightable if the author made choices as to ‘which facts to include, in what order to place them and how to arrange the collected data so that they may be used effectively by readers’”
Mason v. Montgomery, quoting Feist Court
:
Intellectual Property Rights:Copyright
Grants Copyright Holder Exclusive Right to:
- Reproduce- Create Derivative Works- Distribute- Perform- Display
How do these apply to today’s geospatial data products and services?
:
1. Define rights in Intellectual Property 2. Define use rights 3. Set forth payment terms 4. Allocate risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
5. Identify applicable law and other technical legal issues
Licenses
i.e. Twitter Maps
7
Never Know How Data Will Be Used
Failure to Address Increases Risks
Risk Goes Two Ways:
1. Risk of Harm to other party or to third party
Liability
2. Risk of Harm to You
Damages
Define Market(s)
Define Product(s)
Define Derived Product(s)
Define Region(s)
And Limits Revenue Opportunities
1. Define rights in Intellectual Property 2. Define use rights 3. Set forth payment terms 4. Allocate risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
5. Identify applicable law and other technical legal issues
Licenses
Cash◦ Immediate◦ Over-time ◦ Royalty
Currency? In-kind
◦ Services◦ Data◦ Reciprocal Obligations
Payment
1. Define rights in Intellectual Property 2. Define use rights 3. Set forth payment terms 4. Allocate risks
◦ Representations and Warranties; Covenants, Indemnification
◦ Data quality, compliance with laws, injuries to third parties
5. Identify applicable law and other technical legal issues
Licenses
Who is Responsible When Someone/Something is Injured?
As data is used in more real time critical decision making by non-sophisticated users the risk of mistakes increases.
Do you want judges, lawyers and juries to decide liability?
St Peter’s Square - 2005
14
Perceptions of Privacy are Changing
Luca Bruno/AP
St Peter’s Square 2013
15
Creating a Location Privacy Paradox
Michael Sohn/AP
Privacy“The settlement also
requires the defendants to provide a just-in-time
disclosure that fully informs consumers
when, how, and why their geolocation
information is being collected, used and
shared, and requires defendants to obtain
consumers’ affirmative express consent before
doing so.” Federal Trade Commission
3/14
17
Privacy Will Become Even Bigger Issue with New Technology
Previously courts held that law enforcement could track suspects in public
U.S. v. Jones 132 S. Ct. 945 (2012) Supreme Court was asked to decide whether law enforcement was required to obtain a warrant before using a tracking device.◦ Circuits had conflicting rulings
Court found that the act of placing a device on auto without a warrant was a violation of suspect’s Fourth Amendment rights◦ Trespass theory
Majority of justices appear to believe that tracking itself can violate Fourth Amendment rights◦ Mosaic theory – if collect enough information over time
you infringe an individual’s privacy
18
Privacy Law Is Evolving
Legislation
Location Privacy Protection Act of 2014
“Requires any company collecting the location data of 1,000 or more devices to post online: the kinds of data they collect, how they share and use it, and how people can stop the collection or sharing. “
1. Define rights in Intellectual Property 2. Define use rights 3. Set forth payment terms 4. Allocate risks
◦ Representations and Warranties; Covenants, Indemnifiation
◦ Data quality, compliance with laws, injuries to third parties
5. Identify applicable law and other technical legal issues
Licenses
Law Is Still Tied to Territory
Miscellaneous Provisions
Which jurisdiction’s laws apply?
Where will proceedings take place?
Arbitration? Mediation?
Force Majeure
Assignment
Compliance with Laws
Insurance