The National Heritage List for England

Status: 
Escalated to data holder
Notes: 

Hello Andy,

Below is the reply I sent you on Friday 6 February 2015 at 16:47:

I've recently joined the Cabinet Office Transparency Team. Apologies if no one has come back to you before.

Below is the current English Heritage license information. I hope this helps.

Kind regards,

James Cattell

English Heritage is able to license the use of National Heritage List Text Entries (‘National Heritage List Text Entries’) for commercial and non-commercial use. All maps, images and certain sections of data containing extracts from books, magazines or periodicals which is owned by other providers, is subject to additional terms of use. You will need to obtain an additional licence to make commercial use of those sections of data. Details of the licence for the additional terms which apply to the Ordnance Survey map at the end of each National Heritage List Text Entry report and for the individual list entry map are set out at the end of this section. 

1. Subject to the terms below, you are now granted a worldwide, perpetual, non-exclusive licence to use the National Heritage List Text Entries. You may: 

copy, publish, distribute and transmit the National Heritage List Text Entries
adapt or modify the National Heritage List Text Entries
exploit the National Heritage List Text Entries commercially for example by combining them with other information or by including it in your own product or application. 

2. You must always use the following attribution statements to acknowledge the source of the information: 

© English Heritage [year]. 

The National Heritage List Text Entries contained in this material were obtained on [date]. The most publicly available up to date National Heritage List Text Entries can be obtained from http://www.english-heritage.org.uk. 

3. The same requirement for an attribution statement must be contained in any sub-licences of the National Heritage List Text Entries that you grant, together with a requirement that any further sub-licences do the same. 

4. You must ensure that you do not use the National Heritage List Text Entries in a way which suggests any official status or that English Heritage has endorsed you or your use of the National Heritage List Text Entries. 

5. The National Heritage List Text Entries must not be used for purposes which may lead to damage to archaeological sites, historic buildings and landscapes. 

6. You must not mislead others or misrepresent the National Heritage List Text Entries or its source. 

7. You must ensure your use of the National Heritage List Text Entries complies with the Data Protection Act 1998 or the Privacy and Electronic Communications (EC Directive) Regulations 2003. 

8. The National Heritage List Text Entries are updated on a regular basis. They are current only to the date of the dataset as given on the downloadable data. 

9. All intellectual proprietary rights in the National Heritage List Text Entries and the documentation remain vested in English Heritage and its licensors. 

10. The Ordnance Survey map is provided solely to indicate the location of the designated area. The spatial data for listed buildings does not indicate the extent of a listing or the 

curtilage. 

Additional terms for use of Ordnance Survey maps at the end of National Heritage List Text Entries and individual list entry maps: 

1. You are granted a non-exclusive, royalty free, revocable licence solely to view the map for non-commercial purposes for the period during which English Heritage makes it available. You are not permitted to copy, sub-license, distribute, sell or otherwise make available the map to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to Ordnance Survey.

Data request description: 
"the only official and up to date database of all nationally designated historic places including: Listed Buildings, Scheduled Monuments, Protected Wreck Sites, Registered Parks and Gardens, Registered Battlefields, World Heritage Sites, applications for Certificates of Immunity (COIs) and current Building Preservation Notices (BPNs). " Example entry: http://list.english-heritage.org.uk/resultsingle.aspx?uid=1334382 This request refers to text content, and not to maps.
Reason: 
The data is available but the licensing terms are too restrictive
Pages (example given above) are labelled "© Crown Copyright and database right 2012. All rights reserved". Note that the "terms and conditions" text on that page is not, at time of writing, a working web link. However, other pages in the site link to http://www.english-heritage.org.uk/about/contact-us/terms/ which says: "Reproduction of part or all of the contents of this website in any form is prohibited other than for individual use only and may not be recopied and shared with a third party except as set out in User-submitted content, below. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form. Any other use of the website without prior written consent from English Heritage is strictly forbidden."
Suggested use: 
Community Work
Research
Other
I would like to be able to reuse the text in Wikipedia articles, which requires an open licence. The text should be published under the Open Government Licence.
Benefits overview: 
Wider public awareness of the built environment, culture and history. Improved educational opportunities. Increased tourism.

Comments

English Heritage data

See also these previous related data requests:

List of Grade I and II* listed buildings in England
Listed Buildings

As noted in my comments to those requests, some (but by no means all) of English Heritage's data is currently available as open data under the OGL.

However DCMS is now consulting on a plan to privatise the part of English Heritage that controls the data and archives, so even the open data that is available may be at risk. (We should be mindful of recent experience with British Waterways open data, which was lost when that organisation became the Canal & River Trust.)

-- Owen Boswarva, 02/01/2014

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The National Heritage List for England

Hello Andy,

I've just joined the Cabinet Office Transparency Team. Apologies if no one has come back to you before.

Below is the current English Heritage license information. I hope this helps.

Kind regards,

James Cattell

English Heritage is able to license the use of National Heritage List Text Entries (‘National Heritage List Text Entries’) for commercial and non-commercial use. All maps, images and certain sections of data containing extracts from books, magazines or periodicals which is owned by other providers, is subject to additional terms of use. You will need to obtain an additional licence to make commercial use of those sections of data. Details of the licence for the additional terms which apply to the Ordnance Survey map at the end of each National Heritage List Text Entry report and for the individual list entry map are set out at the end of this section. 

1. Subject to the terms below, you are now granted a worldwide, perpetual, non-exclusive licence to use the National Heritage List Text Entries. You may: 

  • copy, publish, distribute and transmit the National Heritage List Text Entries
  • adapt or modify the National Heritage List Text Entries
  • exploit the National Heritage List Text Entries commercially for example by combining them with other information or by including it in your own product or application. 

2. You must always use the following attribution statements to acknowledge the source of the information: 

© English Heritage [year]. 

The National Heritage List Text Entries contained in this material were obtained on [date]. The most publicly available up to date National Heritage List Text Entries can be obtained from http://www.english-heritage.org.uk. 

3. The same requirement for an attribution statement must be contained in any sub-licences of the National Heritage List Text Entries that you grant, together with a requirement that any further sub-licences do the same. 

4. You must ensure that you do not use the National Heritage List Text Entries in a way which suggests any official status or that English Heritage has endorsed you or your use of the National Heritage List Text Entries. 

5. The National Heritage List Text Entries must not be used for purposes which may lead to damage to archaeological sites, historic buildings and landscapes. 

6. You must not mislead others or misrepresent the National Heritage List Text Entries or its source. 

7. You must ensure your use of the National Heritage List Text Entries complies with the Data Protection Act 1998 or the Privacy and Electronic Communications (EC Directive) Regulations 2003. 

8. The National Heritage List Text Entries are updated on a regular basis. They are current only to the date of the dataset as given on the downloadable data. 

9. All intellectual proprietary rights in the National Heritage List Text Entries and the documentation remain vested in English Heritage and its licensors. 

10. The Ordnance Survey map is provided solely to indicate the location of the designated area. The spatial data for listed buildings does not indicate the extent of a listing or the 

curtilage. 

Additional terms for use of Ordnance Survey maps at the end of National Heritage List Text Entries and individual list entry maps: 

1. You are granted a non-exclusive, royalty free, revocable licence solely to view the map for non-commercial purposes for the period during which English Heritage makes it available. You are not permitted to copy, sub-license, distribute, sell or otherwise make available the map to third parties in any form. Third party rights to enforce the terms of this licence shall be reserved to Ordnance Survey.

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Closed?

I don't understand why this has been closed as "not a data request or a data issue". It looks like a straightforward request to unlock the National Heritage List as open data – which is what the data request process is supposed to be for. James has provided some useful detail on the existing licensing arrangements, but those simply confirm that the data is not currently open.

-- Owen Boswarva, 21/04/2015

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Response

Thank you, James. Not having received your email, I have only just noticed this update.

Unfortunately it seems to me that these terms do not constitute an "open licence" as the term is commonly understood.

I echo Own's surprise that the request is closed as "not a data request or a data issue", and ask that it please be reopened (or closed as "refused").

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A step in the right direction

I'm still waiting for a formal response to my request (hey, what's two-and-a-quarter years in the world of eGov?!), but in the meantime this is related, and promising:

https://www.whatdotheyknow.com/request/re_use_request_for_national_heri

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