Class - MD_LegalConstraints

When constraint (MD_Constraints) are of a legal nature they should be captured using the class MD_LegalConstrints.

• Governance - ISO
• Metadata type - structural
• ICSM Level of Agreement - ⭑⭑

Definition

restrictions and legal prerequisites for accessing and using the resource or metadata.

ISO Associations

The class, MD_LegalConstraints is an specialisation of MD_Constraints. Follow the guidance provided for that class plus the following additional guidance.

ISO Constraints

When MD_LegalConstraints is used the at least one of the elements accessConstraints, useConstraints, useLimitation, releasability and otherConstraints must be present. When using otherConstraints, either accessConstraints or useConstrants must equal otherRestrictions.

Attributes

Has all the attributes of MD_Constraints plus the following:

• accessConstraints - (codelist - MD_RestrictionCode) [0..*] access constraints applied to assure the protection of privacy or intellectual property, and any special restrictions or limitations on obtaining the resource or metadata
• useConstraints - (codelist - MD_RestrictionCode) [0..*] constraints applied to assure the protection of privacy or intellectual property, and any special restrictions or limitations or warnings on using the resource or metadata
• otherConstraints - (type - charStr) [0..*] other restrictions and legal prerequisites for accessing and using the resource or metadata

Discussion

Information about constraints on the access and use of a resource or its metadata is of high importance to document as this information strongly impacts on the usability of the resource to the user. Constraints may be security (MD_SecurityConstraints), legal (MD_LegalConstraints) or other (MD_Constraints).

A restriction may be applicable to a particular aspect of the resource. In this case capture this scope in constraintApplicationScope using a value from MD_Scope

Almost all created resources (including metadata) carry some legal rights, restrictions and responsibility regarding their access and use. For instance, in most jurisdictions, copyright is automatically granted to the creator of a creative work. Legal restrictions such as licences and end user agreements, need be documented for users and resource managers along with the identity of the holder of these rights. Each agency needs to develop consistant guidance on the use of such statement and share clear understanding of their meaning. This is often done by reference to a external body that manages the definitions of the legal constraints applied.

Outstanding Issues

Best Practice examples lacking There is a need to gain greater consensus as to the general use of MD_LegalConstraints across its instances by the MDWG.

Distribution Constraints Currently there are no clear methods to apply different legal constraints to different distributions. This may be an ISO issue to address. We should develop use cases.

Best Practice Recommendations

Therefore - it is important to capture all legal constraints that apply to a resource. This should include licences, end user agreements, etc. If the resource is public domain, this should be cited appropriately. Many juristrictions encourage the use of open data and Creative Commons license. This should be encouraged through the use of copyright licenses such as CC0 or CC By. Provide the user links to additional information about such constraints, there use and meaning. In addition, document the holder of such rights and how to contact for more information.

Crosswalk considerations

ISO 19139

See guidance provided in MD_Constraints

Related Classes

• MD_Constraints the Superclass to MD_LegalConstraints. MD_LegalConstraints implements all the properties of MD_Constraints. Full guidance of the associated elements are discussed there.
• MD_SecurityConstraints A sibling to MD_LegalConstraints and an extension to MD_Constraints for constraints applied for security purposes.

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UML diagrams

Recommended elements highlighted in yellow

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