1. Introduction

The LICC provides this model, which is based on the LICC Spatial Data Distribution and Pricing Guidelines, for use by government custodians of land information. It can also be used by custodians as a basis upon which to develop their own distribution and pricing structures.

The LICC considers that the adoption of this model across government will provide benefits to all of the community.

2. Spatial Clients

It is suggested that spatial clients fall into six broad categories, however a particular client may fit more than one of these. The categories are as follows;

• General client
• One-off project client
• Infrequent business client
• Frequent business client
• Web site manager
• Value-adder

3. Licence Categories

There are two licence categories used in this model.

The first category contains two types of licences (Enterprise and Subscriber) that are suitable for frequent and/or commercial clients of land information. Clients who obtain data under a licence are able to commercialise the data, obtain data updates and extend the licence term.

The second category contains one type of licence called a data agreement. This is suitable for one-off non-commercial use of land information. Clients who obtain data under this category are only permitted to use the data for internal purposes.

General Terms

These general terms apply to both licence categories.

• All distribution of data will be done under a fixed term.
• Both data licences and data agreements should recognise privacy principles, confidentiality, security and intellectual property rights of data custodians, data suppliers, individuals and all sectors of the community.

Enterprise Licence

Subscriber Licence

Category 2

Data Agreement

Custodians may elect, in accordance with Treasury guidelines on Costing Fees and Charges (November 1998), to not recover the full Data Supply Fee or waive other fees where the information is being used for educational, research or other non-commercial purposes, or is used by a community group or other group to supplement government policies.

Data Supply Fee

The Data Supply Fee is based on the marginal cost pricing model and can include the following cost components;

• A proportion of the delivery system costs for data supply;
• Consumables used in extracting and delivering the data;
• Labour costs for extracting and delivering the data.

A seat is defined as a location in an organisation where the data is intended to be accessible. Depending on the number of seats a multiplier can be applied to the price of the data.
 

No of Seats	Multiplier
One	1
Two	1.5
Three to Five	2
Five to Ten	3
Ten to Twenty	4
Twenty and above	5

 

Update Fee

Update fees are applicable when data updates are provided. Updated data includes additions and deletions due to changes in the real world, additions and changes due to errors or omissions and/or the inclusion of additional attributes.

The cost for data updates will vary depending on the data set, the frequency of updates and the delivery mechanism.

Annual Access Fee

An Annual Access fee is applicable when clients are provided with year round access to on line data or data exports.

 Royalty

A license holder may, with the completion of a Commercialisation Attachment, on sell the custodian's data. The product could be a hardcopy output, an image on a web site for which a charge is made, the result of a calculation relying on the spatial data or a whole system for a client.

Licensees will be required under the Commercialisation Attachment to ensure that sales of data to third parties are executed under a Data Licence Agreement.

The royalty payable by the Licensee under a Commercialisation Attachment could be based on;

• a royalty formula eg. A*B*C, or
• an annual commercialisation fee, or
• other quid pro quo arrangements.

where A = the market price of the product.

Annual Commercialisation Fee

An Annual Commercialisation Fee could be negotiated between the client and the data custodian. This could be a flat annual fee based on projected sales.

Quid pro Quo Arrangements

The client and the data custodian may also elect to waive royalty payments in return for recognition of the custodian, advertising or other non-monetary arrangements.

 Exemptions

Royalty may be exempted, under a Commercialisation Attachment, where the data is made available to a single third party and contains less than 100 parcels or 10 square kilometres of data.

Royalty may also be exempted where spatial data (usually raster products) images are placed on the clients web site, provided that:

1. the site/s acknowledges the source;
2. provides a hyperlink to custodians web page (where applicable), and
3. that no charge is made for accessing the image from the client's site.

Commercialisation Attachment

A Commercialisation Attachment is attached to a data licence when the data is on-sold on a commercial basis. The attachment describes the terms and conditions under which the data can be on-sold.

Internal Use

Internal use means that the data can only be used by the client for internal operations. The inclusion of LIST data wholly, or in part, in a product or service for which a fee is charged by the client is not considered to be internal use.

Land Parcel

Smallest area of land capable of sale without further approval to sub divide.

Up Front Charges

Up front charges are those charges that are payable on commencement of the Licence.
 
 

Appendix 1

 Spatial Clients