In my last post I introduced readers to an organization known as the New York Data Transit Summit, and posted a Q&A between them and MTA Marketing’s Mark Heavey.

Mark also sent another document to the Summit which outlined different licensing scenarios. Much of this document’s information had never been presented to me by MTA in 9 months of working with them to obtain a license, and when I referred it to them it resulted in a profound change in our discussions. I will save those details for a later post.

For now, I just wanted to share the information with you as it appears on the Summit’s Wiki Page via PDF link. At the end of Heavey’s letter is some follow-up Q&A between himself and the Summit.

The following was sent to us by Mark Heavey, Chief of Marketing & Advertising at the MTA, in response to our request for a clarification of what the MTA’s current licensing policies are. We’ve removed only the salutations and left the content of the message unedited.

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As requested, following is the MTA’s current position concerning use of MTA schedule data. I would appreciate your sharing this with attendees of your forum on Tuesday, August 25th as there appears to be much confusion and misinformation circulating regarding the MTA’s views on the issue of schedule data. MTA has two major areas of concern when MTA agency schedule data is being distributed to the public:

1. Distribution of accurate, complete and up to date information when MTA is explicitly or implicitly identified as the source for the information.

2. When MTA schedules or data are redistributed to the public for a fee and MTA or an MTA agency are presented as the source for the information, the MTA brand is being invoked and a fee must be paid for that benefit. As background, for over 15 years the MTA has managed a brand licensing program (see www.mta.info/liprog) in which quality control and revenue generation have been important considerations. MTA would be remiss in not being concerned about quality control and revenue generation.

For reference only, here are several examples of scenarios involving MTA’s current practices when schedules or data about MTA or its agencies are used by others:

1. A developer independently compiles MTA schedules and/or GIS shape file data and does not use any other MTA intellectual property:

- No license is required if the product is clearly identified and marketed: i) in the name of and as the work product of the developer; ii) as having been developed and compiled independently by the developer; and iii) as not having any MTA or MTA agency sponsorship or approval or assurance that the information is accurate, complete, or up to date.

2. A developer receives from and uses MTA electronically provided schedules and/or GIS shape file data, does not use any other MTA intellectual property, and redistributes such information free of charge:

- MTA requires a license but will provide in the license for the fee to be waived.

3. A developer uses its own or MTA provided schedules and/or GIS shape file data and other MTA intellectual property such as copyrighted material (e.g., as official maps) and/or MTA trademarks (e.g., subway route symbols, names/logos of the MTA or an MTA operating agency, the Grand Central Terminal clock or other GCT imagery), and a provides such information to end users in return for a per download fee:

- MTA requires a license and the payment of license fees based on a 10% sales royalty and an up front payment of a $5,000 advance against royalties.

4. A developer creates an application using no MTA schedule data whatsoever, but uses MTA IP (such as the official maps), provided to end users for a per download fee:

- MTA requires a license and the payment of license fees based on a 10% sales royalty and an up front payment of $2,500 advance against royalties. Be aware that each request for a license is separately reviewed and a license is not automatic. For example, if a proposed application simply duplicates an existing MTA-licensed app, it would not necessarily be in the MTA’s interest to license
the app.

As for advance payments against royalties, this is standard licensing industry practice. This serves to ensure that the developer requesting the license is convinced there is a market for its product and will maintain the quality of the application in accordance with MTA’s standards.

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[Below are answers to specific follow-up questions we asked in response to receiving the statement above.]

Q1. What are the frequency options for getting updated data?

A. We push updated data to MTA licensees once our group has compiled it from the various MTA operating agencies. As I mentioned when we spoke on the phone, this has occasionally been an internal administrative challenge since different individuals are responsible for updating isolated sections of the data. This is particularly true in the case of NYC Transit.

Q2. If this varies by licensing agreement, what are the range of frequencies, and how fast is it possible for licensees to get updates?

A. Frequency does not vary by license agreement.

Q3. Are updates provided on CD or are they available for download?

A. Currently, we provide the updates on CD only.

Q4. Regardless of frequency, do licensees have the option to be notified when/before schedule changes are made so they can know when their applications will be inaccurate?

A. See my response to Q1 above. To the best of our ability, and assuming such changes have been approved by the MTA Board and, therefore, made public, we can provide prior notice of changes to MTA licensees.

Q5. I assume the data is provided in GTFS, is this correct?

A. With the exception of some NYC Transit data, the data provided is in the GTFS format.

Q6. Lastly, what information does a prospective licensee typically need to provide to the MTA to set up the agreement?
A. Full Name:
d/b/a or Company Name/ID#:
Mailing Address:
Proposed Name of App:
Proposed App Price:
MTA Data Sets Requested:
Other MTA IP Requested:
Projected Launch Date:
Distribution Channel(s):
Projected Y1 Sales: