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The nautical charts, books, and other products of the BSH are protected by
copyright. They may not be reproduced or processed, copied, or promulgated by
any electronic means without the prior written permission of the BSH.
Third parties are only allowed to use the BSH products if an agreement has
been concluded with the BSH. Depending on the intended use, one of the following
agreements can be concluded :
- One-time licences for single commercial uses and low-value uses
- Free licences for several and long-term non-commercial uses and low-value
uses
- Licence agreements for all other uses.
With respect to each of the above types of agreement, the BSH reserves the
right to refuse the issue of a licence if the type or scope of the intended
use is liable to jeopardise the BSH’s reputation, the implementation of its
tasks, or the position of the BSH as a higher federal authority.
One-time licences
If a BSH product is to be used only once, the BSH issues a one-time licence
free of charge subject to the following conditions:
- The type and scope of the intended single use of one or several BSH
products is notified to the BSH in writing.
- The product for which BSH material is to be used has no commercial value
or a very low value.
A product may have a commercial value although it is distributed free of
charge. That is the case, for example, when earnings are not derived from the
product price but from the sale of advertising space inside or on the product.
Besides, a product may also have a commercial value if it is comparable to other
products already available on the market. In such cases, the BSH may assume
a comparable, fictitious price for the product concerned.
A low commercial value is assumed to exist if the licensee’s total net earnings
from all products in which BSH material has been used do not exceed 5,000 Euro
per year.
A one-time licence will not be granted on principle if the product in which
the BSH material is to be used
- will serve navigational purposes
- will contain tidal predictions for more than seven days
- is to be used as a training chart
- constitutes an exact or very similar copy of a BSH product, or
- is in conflict with the legal position of another Hydrographic
Office.
Free licences
For repeated or long-term use of a BSH product, the BSH issues a „free licence“
for which no royalties have to be paid. In such cases, an agreement on the issue
of a free licence for non-commercial uses and low-value uses has to be concluded
with the BSH.
The agreement will be concluded by the BSH after it has received the completed
and signed agreement form
(in German, PDF-file) from the interested party. A prerequisite to the issue
of a free licence is the absence of a commercial value of the product in which
BSH material is to be used, or a low commercial value (see explanations under
„One-time licence“ above).
A free licence will not be issued as a matter of principle if one of the
reasons for exclusion stated under „One-time licence“ above is applicable (see
explanations under „One-time licence“ above).
Licence agreements
If products of the BSH are to be used in third-party products from which
earnings in excess of 5,000 Euro are derived annually, or if one of the
reasons for exclusion stated under „One-time licence“ above is applicable a licence agreement has
to be concluded which involves the payment of royalties. Please contact the
BSH if you wish to conclude a licence agreement.
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