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LEGISLATIVE ASPECTS OF SPATIAL DATA PUBLICATION

Alena Vondrakova, Rostislav Netek, Tomas Pohanka, Tomas Pour, Michal Malacka

Abstract

In spatial data processing, the area of legislation is crucial but often neglected by the expert's community. Knowledge of the various legal aspects related to the data collection, data processing, and analysis of data, as well as publishing the results of spatial analysis and its visualization, is an essential prerequisite for effective work. Legislative aspects are understood as a set of legislative standards, their relationships and their influence on other fields of human activity. In the context of geoinformatics legislative aspect means how standards and legal rules affect the spatial data processing, visualisation and publication. From a legal standpoint, this includes the issues of copyright, individual and industrial property protection, investment protection, etc. It is one of the most important non-technological aspects in geoinformatics and cartography. Intellectual property and law, in general, is crucial in the era of the information society. Often the debate over the appropriate scope of intellectual property protection for spatial data and geodatabases ignores the role of cartography and spatial data uniqueness in the setting of the rights. The law necessarily requires the authorization to apply the right to use a work to another person, but there are possible arrangements and licensing agreements where no such authorization is needed, and open data are the trend in contemporary society. Therefore, knowledge of licensing becomes essential for the process of modern GIScience production. Due to the territoriality of jurisdiction, it is crucial to understand the specific legal terms and conditions. The uniqueness of spatial data compared to other information, is that it is often necessary to combine different data sources. Moreover, it is the combination of the various data sources that often cause a problem because of the requirement for particular licences.

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DOI resolver: doi.org/10.5593/sgem2017/21/s08.122

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