NextGen for Airports, Volume 4: Leveraging NextGen Spatial Data to Benefit Airports: Guidebook (2016) / Chapter Skim
Currently Skimming:
Pages 34-44
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 34... ...
32 | LEVERAGING NEXTGEN SPATIAL DATA TO BENEFIT AIRPORTS Financial and Legal Considerations of Spatial Data4 T his chapter of the guidebook considers the financial and legal considerations of working with spatial data. It examines the potential for airports and airport sponsors to receive financial gains through the monetization or the selling of spatial data to third parties, and further considers the legal liabilities related to the use and distribution of spatial data by airports.
|
From page 35... ...
Financial and Legal Considerations of Spatial Data | 33 • Ventura County in California sold its data for $1 per parcel. It raised $15,000 per year, compared with the annual cost of nearly $1 million to maintain a 10-person team that updated GIS data and created GIS applications.
|
From page 36... ...
34 | LEVERAGING NEXTGEN SPATIAL DATA TO BENEFIT AIRPORTS • Placing data on a third-party site where other data sets of a similar nature reside. Large data sets can be made available on sites that allow public sector agencies to store massive quantities of data for free.
|
From page 37... ...
Financial and Legal Considerations of Spatial Data | 35 including and especially all component and/or source data and information -- must be analyzed separately for ownership interests. This section also suggests concepts, methods, and tools for protection of databases, and the potential for compromise of ownership rights by disclosing or sharing data with public agencies.
|
From page 38... ...
36 | LEVERAGING NEXTGEN SPATIAL DATA TO BENEFIT AIRPORTS Despite this limitation, which allows legitimate users to extract and re-package or disseminate the underlying factual content, copyrighting the manner of expression is still the primary means available for protecting databases, including GIS. Inherent in this protection are legal enforcement rights and penalties against infringement, subject to fair use and other statutory exceptions.19 Contractual Protection Unauthorized use of GIS databases can also be deterred through contractual means such as clauses in sales or licensing agreements between the database owner and users that prohibit dissemination, re-use, and/or extraction and repackaging of the data.
|
From page 39... ...
Financial and Legal Considerations of Spatial Data | 37 Potential Liability When Sharing or Providing GIS Data This section discusses whether, on what basis, and to what extent providers of GIS data might be liable to consumers of the data, and suggests ways to eliminate or minimize potential liability. Theories of Liability Although legal scholars have written about the risk of liability inherent in providing GIS information to third parties,26 very few actual legal case decisions exist.
|
From page 40... ...
38 | LEVERAGING NEXTGEN SPATIAL DATA TO BENEFIT AIRPORTS Strict Liability Some legal cases have considered charting information (and by analogy, GIS data) as a "product" to which "strict liability" rules apply in the same way that liability rules apply to consumer products.
|
From page 41... ...
Financial and Legal Considerations of Spatial Data | 39 3 "Geospatial Data Policy Study," by Garry Sears, KPMG Consulting, Inc., March 28, 2001 (Canada)
|
From page 42... ...
40 | LEVERAGING NEXTGEN SPATIAL DATA TO BENEFIT AIRPORTS 15 "Legal Issues in the Use of Geospatial Data and Tools for Agriculture and Natural Resource Management, A Primer," Longhorn, Herson-Apollonio, and White, ISBN: 970-648-094-3 (2002)
|
From page 43... ...
Financial and Legal Considerations of Spatial Data | 41 28 In Birmingham v. Fodor's Travel Publications, Inc., 833 P.2d 70 (1992)
|
From page 44... ...
42 | LEVERAGING NEXTGEN SPATIAL DATA TO BENEFIT AIRPORTS the fact that the defect in the product was not the fault of Jeppesen was irrelevant. Under strict liability, injured parties need only show that the product was defective, not where fault for the defect lies.
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.