LICENSING GEOGRAPHIC DATA AND SERVICES

Committee on Licensing Geographic Data and Services

Board on Earth Sciences and Resources

Division on Earth and Life Studies

NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES

THE NATIONAL ACADEMIES PRESS
Washington, D.C.
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Licensing Geographic Data and Services LICENSING GEOGRAPHIC DATA AND SERVICES Committee on Licensing Geographic Data and Services Board on Earth Sciences and Resources Division on Earth and Life Studies NATIONAL RESEARCH COUNCIL OF THE NATIONAL ACADEMIES THE NATIONAL ACADEMIES PRESS Washington, D.C. www.nap.edu

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Licensing Geographic Data and Services THE NATIONAL ACADEMIES PRESS 500 Fifth Street, N.W., Washington, DC 20001 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance. This study was supported by Department of Commerce/National Oceanic and Atmospheric Administration, Grant No. 50-DGNA-1-900024, Department of Commerce/U.S. Census Bureau Grant No. 43-YA-BC-154376, Department of Interior/U.S. Geological Survey Grant No. 02HQAG0150, Federal Emergency Management Agency Grant No. EMW-2002-SA-0210, and U.S. Government Printing Office Grant No. 733804. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the organizations or agencies that provided support for the project. International Standard Book Number 0-309-09267-1 (Book) International Standard Book Number 0-309-54457-2 (PDF) Additional copies of this report are available from the National Academies Press, 500 Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800) 624-6242 or (202) 334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu Cover design by Michele de la Menardiere; satellite images courtesy of NASA. Copyright 2004 by the National Academy of Sciences. All rights reserved. Printed in the United States of America

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Licensing Geographic Data and Services THE NATIONAL ACADEMIES Advisers to the Nation on Science, Engineering, and Medicine The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Bruce M. Alberts is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Wm. A. Wulf is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Bruce M. Alberts and Dr. Wm. A. Wulf are chairman and vice chairman, respectively, of the National Research Council. www.national-academies.org

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Licensing Geographic Data and Services LICENSING GEOGRAPHIC DATA AND SERVICES COMMITTEE HARLAN J. ONSRUD, Chair, University of Maine, Orono PRUDENCE S. ADLER, Association of Research Libraries, Washington, D.C. HUGH N. ARCHER, Department for Natural Resources, Frankfort Kentucky STANLEY M. BESEN, Charles River Associates, Washington, D.C. JOHN W. FRAZIER, Binghamton University, Binghamton, New York KATHLEEN (KASS) GREEN, Independent Consultant, Berkeley, California WILLIAM S. HOLLAND, GeoAnalytics, Inc., Madison, Wisconsin TERRENCE J. KEATING, Z/I Imaging, Madison, Alabama JEFF LABONTÉ, GeoConnections Programs, Ottawa, Ontario, Canada XAVIER R. LOPEZ, Oracle Corporation, Nashua, New Hampshire STEPHEN M. MAURER, Private Practice/University of California, Berkeley SUSAN R. POULTER, University of Utah, Salt Lake City MARK E. REICHARDT, Open GIS Consortium, Inc., Gaithersburg, Maryland TSERING W. SHAWA, Princeton University, Princeton, New Jersey National Research Council Staff PAUL M. CUTLER, Senior Program Officer VERNA J. BOWEN, Financial and Administrative Associate KAREN L. IMHOF, Senior Project Assistant (until December 2003) MONICA LIPSCOMB, Research Assistant

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Licensing Geographic Data and Services MAPPING SCIENCE COMMITTEE DAVID J. COWEN, Chair, University of South Carolina, Columbia KATHRINE CARGO, Orleans Parish Communications District, New Orleans, Louisiana KEITH C. CLARKE, University of California, Santa Barbara WILLIAM J. CRAIG; University of Minnesota, Minneapolis ISABEL F. CRUZ, University of Illinois at Chicago ROBERT P. DENARO, Navteq Inc., Chicago, Illinois SHOREH ELHAMI, Delaware County Auditor’s Office, Delaware, Ohio DAVID R. FLETCHER, Geographic Paradigm Computing, Albuquerque, New Mexico HON. JAMES GERINGER, Environmental Systems Research Institute, Inc., Wheatland, Wyoming DAVID R. MAIDMENT, University of Texas at Austin MARK MONMONIER, Syracuse University, Syracuse, New York JOEL MORRISON, Ohio State University (Retired), Reston, Virginia SHASHI SHEKHAR, University of Minnesota, Minneapolis NANCY TOSTA, Ross & Associates Environmental Consulting, Ltd., Seattle, Washington National Research Council Staff PAUL M. CUTLER, Senior Program Officer

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Licensing Geographic Data and Services BOARD ON EARTH SCIENCES AND RESOURCES GEORGE M. HORNBERGER, Chair, University of Virginia, Charlottesville JILL BANFIELD, University of California, Berkeley STEVEN R. BOHLEN, Joint Oceanographic Institutions, Washington, D.C. VICKI COWART, Consulting Geologist, Denver, Colorado DAVID L. DILCHER, University of Florida, Gainesville ADAM M. DZIEWONSKI, Harvard University, Cambridge, Massachusetts WILLIAM L. GRAF, University of South Carolina, Columbia RHEA GRAHAM, New Mexico Interstate Stream Commission, Albuquerque V. RAMA MURTHY, University of Minnesota, Minneapolis DIANNE R. NIELSON, Utah Department of Environmental Quality, Salt Lake City RAYMOND A. PRICE, Queen's University, Kingston, Ontario MARK SCHAEFER, NatureServe, Arlington, Virginia BILLIE L. TURNER II, Clark University, Worcester, Massachusetts THOMAS J. WILBANKS, Oak Ridge National Laboratory, Oak Ridge, Tennessee National Research Council Staff ANTHONY R. de SOUZA, Director PAUL M. CUTLER, Senior Program Officer TAMARA L. DICKINSON, Senior Program Officer DAVID A. FEARY, Senior Program Officer ANNE M. LINN, Senior Program Officer KRISTEN L. KRAPF, Program Officer RONALD F. ABLER, Scholar TANJA PILZAK, Research Associate VERNA J. BOWEN, Financial and Administrative Associate JENNIFER T. ESTEP, Financial and Administrative Associate JAMES DAVIS, Program Assistant AMANDA ROBERTS, Program Assistant

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Licensing Geographic Data and Services Acknowledgments This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the NRC’s Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the deliberative process. We wish to thank the following individuals for their review of this report: John Copple, Sanborn Maps Company, Inc., Colorado Springs, Colorado Shoreh Elhami, Delaware County Auditor’s Office, Delaware, Ohio Joanne Gabrynowicz, University of Mississippi, University Guillermo Herrera, Bowdoin College, Maine. Woods Hole Oceanographic Institution, Woods Hole, MA John R. Jensen, University of South Carolina, Columbia Dennis Karjala, Arizona State University, Tempe Donald T. Lauer, U.S. Geological Survey, retired, Santa Barbara, California Robert Marx, U.S. Census Bureau, retired, Washington, D.C. Roy Radner, New York University, New York City

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Licensing Geographic Data and Services Larry J. Sugerbaker, NatureServe, Arlington, Virginia Although the reviewers listed above have provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations nor did they see the final draft of the report before its release. The review of this report was overseen by Shelton S. Alexander, Pennsylvania State University, University Park and Pierre C. Hohenberg, New York University, New York. Appointed by the National Research Council, they were responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authoring committee and the institution.

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Licensing Geographic Data and Services Preface Since 1988, the National Research Council’s Mapping Science Committee (MSC) has provided independent advice to government and society on scientific, technical, and policy matters relating to geographic data.1 The need for the present study was first expressed by federal agencies at a 2000 meeting of the MSC, and five agencies agreed to provide sponsorship: Federal Emergency Management Agency, Government Printing Office, National Oceanic and Atmospheric Administration, U.S. Census Bureau, and U.S. Geological Survey. The study committee (Appendix A) held four information-gathering and writing meetings between February and November 2003, including a workshop that brought together approximately 60 people from government, academia, nongovernmental organizations, and the private sector. Presentations and white papers from the workshop are available at the MSC Web site. Along with requested written and verbal testimony from individuals (Appendix B), the committee analyzed published materials in developing its final report. Because of the increasingly broad use of geographic information in society, and the growing use of licensing by data providers, the report’s audience extends beyond the study’s sponsors to government agencies at all levels, Congress, the private sector, academia, and the general public. The report is designed to be a resource for these groups. It distills the 1   See <http://www7.nationalacademies.org/besr/Mapping_Science.html>.

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Licensing Geographic Data and Services legal, economic, and public interest underpinnings of data distribution approaches, lays out viewpoints and experiences of licensing from all sectors of the geographic data community, and proposes strategies that could advance data use and accessibility to the benefit of all stakeholders in geographic data.

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Licensing Geographic Data and Services Contents EXECUTIVE SUMMARY   1 1.   INTRODUCTION   19     1.1  Background,   19     1.2  Statement of Task,   21     1.3  Report Structure,   22     1.4  Key Terms,   23 Vignette A.   Teacher’s Dream   29 2.   SOCIETY’S GOALS   31     2.1  Introduction,   31     2.2  Promoting Government Accountability and Transparency,   31     2.3  Maximizing Net Benefits: The Difference Between Benefits and Costs,   32     2.4  Obtaining Data on Behalf of Society,   33     2.5  Supporting Government Missions and Individual Rights,   34     2.6  Summary,   35 Vignette B.   A Local Government’s Dream   37

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Licensing Geographic Data and Services 3.   THE GEOGRAPHIC DATA MARKET: OFFERINGS, PLAYERS, AND METHODS OF EXCHANGE   39     3.1  Introduction,   39     3.2  Types of Geographic Offerings,   39     3.3  Structure of the Geographic Data Marketplace,   41     3.4  The Geographic Value Chain,   43     3.5  Data Acquisition-for-Hire Services Versus Data Licensing,   49     3.6  Factors Influencing the Contractual Terms of Data Sharing,   54     3.7  Common Types of Licensing Strategies,   55     3.8  Exchange Relationships of the Public-Sector Marketplace,   58     3.9  Summary,   63 Vignette C.   A Small Business Person’s Dream   65 4.   EXPERIENCES OF GOVERNMENT IN LICENSING GEOGRAPHIC DATA FROM AND TO THE PRIVATE SECTOR   67     4.1  Introduction,   67     4.2  Government Agency Experiences in Licensing Geographic Data and Services FROM the Private Sector,   68     4.3  Licensing Government-Owned Data TO the Private Sector and Members of the Public,   86     4.4  Commercial Experiences in Licensing Geographic Data and Services to Government,   90     4.5  Academic and Library Experiences in Licensing Geographic Data and Services, and Reflections,   95     4.6  Summary,   96 Vignette D.   A Scientist’s Dream   101 5.   LEGAL ANALYSIS   103     5.1  Introduction,   103     5.2  Principles of Intellectual property law applicable to geographic data and works,   104     5.3  Contract law and licensing,   114     5.4  Federal Data Acquisition and Management,   121     5.5  State and Local Law and Policy,   134     5.6  Summary,   136 Vignette E.   A Personal Communicator Dream   139

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Licensing Geographic Data and Services 6.   ECONOMIC ANALYSIS   141     6.1  Introduction,   141     6.2  Achieving the Goal of Economic Efficiency,   141     6.3  The Choices: Government Missions and Procurement Options,   147     6.4  When is Licensing Economically Efficient?,   147     6.5  Negotiating the License Structure: Economic Considerations,   150     6.6  Licensing Government Data to the Private Sector,   151     6.7  Summary,   152 Vignette F.   A Mainstream Geographic Data Marketplace Dream   155 7.   THE PUBLIC INTEREST   157     7.1  Introduction,   157     7.2  Preserving and Enhancing the Public Domain,   157     7.3  Government Accountability and Transparency,   161     7.4  National Security,   162     7.5  Foreign Policy,   167     7.6  Law Enforcement,   168     7.7  Privacy,   169     7.8  Promoting Widespread Use of Government Data,   171     7.9  Summary,   173 Vignette G.   A Global Information Commons Dream   175 8.   LICENSING DECISIONS AND STRATEGIES   177     8.1  Introduction,   177     8.2  Framework for Agency Decision-Making,   178     8.3  Government’s Mission: Clarifying and Achieving the Goals,   179     8.4  Licensing Strategies,   188     8.5  Accommodating a “Culture of Licensing”,   201 Vignette H.   A Spatial Semantic Web Dream   203 9.   NEW INSTITUTIONS   205     9.1  Introduction,   205     9.2  Structural interventions,   206     9.3  Toward a National Commons and Marketplace,   213     9.4  Policy Choices,   220     9.5  Summary,   226 10.   RECOMMENDATIONS   227

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Licensing Geographic Data and Services APPENDIXES     A   Biographical Sketches of Committee Members   233 B   List of Contributors   241 C   Digital Geographic Data Available in the United States   243 D             D1  Selected Licensing Models   256     D2  Selected Licensing Alternatives   266     D3  Clearview Contract   270 E   Glossary   273 F   List of Acronyms   279