Subcontractor

Data limited to users working for licensee plus subcontractors, agents, and/or consultants.

Common term when government acquires data under license. Some licenses require government to notify vendor before transferring data to subcontractor.

Predefined user lists

Data limited to users working for licensee plus specified entities.

Space Imaging Multiagency License allows government to purchase 1-, 5-, and 10-agency licenses.

National Geospatial-Intelligence Agency’s (NGA’s) Clearview license permits agency to redistribute data to state, local, and foreign governments and nongovernmental organizations engaged in joint research projects. Recipients may not use images for their own purposes and are required to return data after intended use is completed.

Predefined categories

Data may be redistributed to predefined categories of users.

Maryland’s Model Procurement License allows agencies to redistribute data to academic and educational institutions.

Uplift fees

User may redistribute data to specified classes of individual in return for pre- agreed fee.

Common term when government acquires satellite data.

U. S. Geological Survey (USGS) Draft Model Contract (Purchase of Satellite Data) would allow USGS to upgrade its license to include a wider class of users by paying a pre- agreed fee.

Best efforts

User undertakes to limit redistribution to maximum extent possible.

NGA Clearview license obligates agency to “minimize the sharing of imagery with entities who would otherwise purchase the imagery.”

Specified project( s)

Data may only be used for one or more enumerated projects.

Maryland State Geographic Information System (GIS) License allows agencies to publish/ present graphics and tabular material derived from vendor data.

Space Imaging Landsat license lets users reproduce imagery in journals provided that proper acknowledgment is given.

National Oceanic and Atmospheric Administration (NOAA)/ Space Imaging Ikonos license allows agency to distribute images in “a non- manipulable

(e. g. bitmap) format as part of a research report or publication.”

Enumerated uses

Data may only be used for specific applications.

NOAA Sea-viewing Wide Field-of-view Sensor (SeaWiFS) data restrict agency to use data for “civil marine operational purposes.” County government licenses to Federal Emergency Management Agency (FEMA) require agency to use data for developing Flood Insurance Map.

Disaster response

Data may only be used for disaster response.

FEMA routinely licenses the right to distribute data “for a limited period” following disasters.

Education

Data may only be used for education.

USGS Policy 10-NMD001 (April 2001): “Whenever possible, agreements should allow the unrestricted use of . . . data for disaster response, research, or educational purposes.

Research

Data may only be used for research.

USGS Policy 10-NMD001 (April 2001): “Whenever possible, agreements should allow the unrestricted use of . . . data for disaster response, research, or educational purposes.

Government uses

Data may only be used for government purposes.

Traditional National Imagery and Mapping Agency (NIMA) satellite licenses gave agency the right to release reduced- scale images for any federal government purpose.

Noncommercial uses

Data may only be used for noncommercial purposes.

NOAA/ Space Imaging license permits agency to redistribute data “on an isolated, non- commercial basis.”

NGA Clearview license permits government to release a “limited number” of hardcopy scenes for “public information, diplomacy, emergencies, disasters, and other non- commercial uses.”

Machine

Data may only be stored and accessed on specific computers and/ or terminals. Licensee is frequently permitted to make a single backup copy.

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Site

Traditional method for restricting redissemination.

U. S. Government Printing Office argues that “At a minimum, users should be able to access and download data for re- use, at no charge, in a federal depository library.”

Some state legislatures put redistricting data in special kiosks so that the public can access them.

Entity

Data may only be stored and accessed at geographic locations belonging to a specified entity.

NGA Clearview license extends to all federal agencies and other specified partners. USGS Systeme Probatoire Pour l’Observation de la Terre license contains similar provision.

Reformatting

Users cannot convert vendor data to unsupplied formats.

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Products for internal use

Users can produce unlimited derivative products but cannot redistribute them outside licensee’s organization.

NOAA/ Space Imaging license.

Specified products

Users can extract data to make enumerated derivative products.

NOAA/ Space Imaging license.

Quantity limits

Users can utilize limited amounts of data to make derivative products.

Maryland Model Procurement License allows agencies to share data covering areas less than or equal to a single county.

Noninvertible products

Users can make derivative products that cannot be inverted.

Standard satellite license term.

USGS Draft Model Contract (Purchase of Satellite Data) provides that government can freely

redistribute any derived product provided that “the original source image data or a reasonable facsimile thereof is not included as a file, layer, component, or other accessible and/ or viewable portion of the derived product, whether this data is separate or combined with other data and/ or information.”

Value- added products

Licensee can use data to create derivative products that require substantial additional effort to create.

Canada’s Radarsat license allows licensee to produce value- added products that exclude significant additional interpretation and/ or data. “Value- added products” do not include mosaics, geocoding, subscenes, and various other specifically enumerated exceptions.

Reduced- resolution data

Users can distribute data at reduced resolution.

Satellite licenses commonly let government agencies post reduced-resolution data on the Internet.

USGS Policy 01-NMD001 (April 2001): Government should “pre- negotiate defined USGS-derived products that can be generated from licensed data and placed in public domain. In a mapping context, derived products could include vectors digitized from licensed imagery, DEMs produced by thinning or generalized licensed DEM

source, or degraded imagery produced from full resolution licensed source.”

Embargoed data

Users can distribute data after fixed period of time.

National Aeronautics and Space Administration (NASA)/ Orbital Image Corp. agreement grants company exclusive right to use and sell SeaWiFS ocean color data for two weeks. Thereafter, NASA may redistribute data to scientists.

USGS Policy 01-NMD001 (April 2001): Agency may negotiate licenses that “[c] onvert licensed data to public domain data by negotiating termination dates for license restrictions. The appropriate termination date may vary depending on the specific data type.”

Selected attributes data

Users can extract enumerated attributes for use in building derivative products.

U. S. Census Bureau/Geographic Data Technologies, Inc. (GDT) license permits agency to extract selected features and attributes from company’s DYNAMAP product to support public domain Topologically Integrated Geographic Encoding and Referencing system database.

USGS Policy 01-NMD001 (April 2001): Government should “pre- negotiate defined USGS-derived products that can be generated from licensed data and placed in public domain. In a mapping context, derived products could include vectors

digitized from licensed imagery, DEMs produced by thinning or generalized licensed DEM source, or degraded imagery produced from full resolution licensed source.”

Nonmanipulable data

Users can distribute data in formats (e. g., paper, PDF) that cannot be manipulated.

NOAA/Space Imaging license permits agency to distribute images in a “nonmanipulable (e. g. bitmap) format as part of a research report or publication.”

Display-only

Users can distribute data in nondownloadable form over the Internet.

USGS Draft Model Contract (Purchase of Satellite Data): Agency may post source data and derived products over the Internet in formats that prevent downloading or screen capture.

Traditional NIMA License: Agency may post images on Internet “provided implementation precludes downloading or screen capture.”

Logos and notices

Users can distribute data provided that vendor’s identity and/or license restrictions are included.

Maryland Model Procurement License: Licensee must include notice reciting license restrictions whenever product is redistributed.

NOAA/Space Imaging license: All licensed images must bear vendor’s copyright notice.

USGS Draft Model Contract (Purchase of Satellite Data): Agency may display images and distribute

derivative products containing vendor’s data provided that “conspicuous copyright and license notices appear.”

Data buys

Licensee receives unlimited right to use and redistribute data.

Functionally equivalent to nonlicense purchase agreement.

Maryland Department of Natural Resources/PIXXURES license. Agency receives perpetual unlimited license to use and redistribute orthophotography images, including Internet posting rights.

Integrity

Users cannot manipulate and redistribute data.

Limits potential liability for postpublication alteration of data.

Attribution

Users who redistribute data must give proper credit to original vendor.

Facilitates agencies’ ability to document value of government datasets. Enhances private- sector vendors’ ability to build name recognition and reputation.

Maryland Model Procurement License: Licensee must include notice reciting license restrictions whenever product is redistributed.

Space Imaging Landsat license lets users reproduce imagery in journals provided that proper acknowledgment is given.

Risk management

Users agree to assume liability through liability, indemnity, and/or attorneys fee agreements.

Facilitates agencies’ financial ability to distribute data at zero cost.

Consulting/fee-for-service

Vendor sells unlimited right to use and redistribute data.

Traditional model. Still used by most aerial survey firms. Vendor typically retains nonexclusive right to resell data to third parties. Resale may be economically important where would- be buyers have no practical option to identify original purchaser.

Update services

Vendor improves quality and/ or timeliness of data at regular intervals.

Many customers place a substantial premium on small quality improvements and/ or regular updates.

Branding

Vendor’s reputation for reliability commands a premium from consumers.

Advertising and content

Vendor’s data draws users to Web site and/or is linked to advertising or other Web sites.

Yahoo offers “free” geographic data to attract users to its site.

Copyright only

Vendor relies on copyright protection only.

Traditional distribution model for paper maps.

California state agencies routinely copyright seismic fault-line databases to prevent unauthorized revisions.

Bundled content

Vendor bundles unprotected data with copyrighted software tools

Many companies bundle software with government data. Examples include Caliper, Warren Glimpse, and DeLorme. Maptech Raster Nautical Charts cannot be viewed without the company’s copyrighted software.

Distribution services

Vendor delivers public domain data in easy-to-locate, convenient package.

Wessex and Warren Glimpse are examples of vendors who built successful businesses by redistributing agency data at lower cost and/or in more convenient formats.

Data aggregator

Assembles permissions to existing datasets in order to make and sell new products.

GDT offers clients nationwide support assembled from data trades with local and county governments.

Index services

Vendor provides convenient, one-stop access to large amounts of data.

TerraServer and Ikonos offer low- resolution image libraries to consumers free of charge. Consumers can purchase more detailed images for a fee.

Environmental Systems Research Institute, Inc. hosts an online market for data products. Consumers who make purchases pay a transaction fee. USGS has discussed a similar scheme in which it would collect download fees for vendors who post data on The National Map.

Transactions support

Consultants assemble permissions needed to make new products by combining and modifying preexisting data sets.

Harris Corp. obtains street-centerline data for U. S. Census Bureau by, inter alia, obtaining permissions from local and county governments.

Encryption

Data are encrypted to restrict distribution to particular computers and/or to prevent unauthorized manipulation and extraction.

California state agencies routinely encrypt seismic fault maps to prevent unauthorized revisions.

Watermarking

Data contain hidden “steganographic” data that identify vendor.

Allows licensor to trace and prove misappropriation of data.

Maryland Model Procurement License: Agency may insert “tracking and authentication devices” to ensure contract compliance. Licensees agree not to remove them.

Password protection

Data can only be accessed by known users.

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Download limitations

Users can only obtain small portions of total dataset.

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