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City of London > Services > Council and democracy > Data protection and freedom of information > Copyright - reusing public sector information

Re-use of Public Sector Information


Introduction / What is meant by re-use? / Scope of the Regulations in relation to the City of London / What are the basics of the Regulations? / Copyright / Exemptions to re-use / Licenses and conditions for re-use / Charging / Information Asset List / Who to Contact? / Complaints

Introduction
The Government has passed a law governing the re-use of public sector information (Statutory Instrument 2005 No 1515, The Re-use of Public Sector Information Regulations 2005), here referred to as ‘the Regulations’. The Regulations came into effect on 1 July 2005. They encourage the re-use of public sector information - that is, information for which the public authorities listed in the Regulations hold the copyright.

We explain here how the Regulations relate to the City of London, and how they relate to you when you request re-use of information for which we hold the copyright.

The Regulations take their lead from EU Directive 2003 / 98 / EC on the Re-use of Public Sector Information, which also came into force on the 1 July 2005.

What is meant by re-use?
When we release information to you which has been requested under access to information legislation such as the Freedom of Information Act 2000 (FOIA), you may ask if you can re-use the information, perhaps for commercial purposes, in a way which, without permission, might breach our copyright. It is this sort of situation with which the Regulations are concerned.

Nothing in the Regulations affects rights of access under other legislation, such as rights of access available under the FOIA.

Scope of the Regulations in relation to the City of London
The Regulations only apply to the City of London as a Local Authority (including Local Education Authority) and Police Authority.

In addition, certain bodies with which the City of London is normally associated are not covered by the Regulations, namely: the City of London Police; the Museum of London; the Sir John Cass’s Foundation Primary School; the Guildhall Library, Archives and Art Gallery; and the Barbican Centre.

What are the basics of the Regulations?
We are not actually obliged under the Regulations to make public sector information available for re-use, but, if we do allow re-use of any of our public sector information, this has to be done in accordance with the Regulations. In these circumstances the Regulations add obligations:

  • A 20 working day time-frame (beginning from the first working day after the request is received) for a response to a request for re-use. This period may be extended where the request is extensive or complex.
  • A licence fee can be issued if we do not wish re-use to be free.
  • A licence must not restrict competition.
  • Exclusive licensing arrangements will not be allowed except for the provision of a service in the public interest. Such arrangements shall be published.
  • We should make available to the public our conditions for re-use and any standard charges for re-use.
  • Information for re-use should be made available electronically where possible and appropriate.
  • We must not discriminate between applicants making requests for re-use for comparable purposes.

Copyright
The Regulations do not affect our copyright.

The supply of documents to you by us (for example under the FOIA) does not give you a right to re-use them in a way that would infringe that copyright, for example, by making copies, publishing and issuing copies to the public or to any other person. Brief extracts of any of the material may be reproduced without our permission, under the fair dealing provisions of the Copyright, Designs and Patents Act 1988 (sections 29 and 30) for the purposes of research for non-commercial purposes, private study, criticism, review and news reporting, subject to an acknowledgement of ourselves as the copyright owner. But wider re-use requires our permission.

We may choose to allow re-use under licence, imposing conditions on the re-use of the information to ensure it is not used in a manner inconsistent with our copyright; and we may also decide to charge a re-use fee.

Exemptions to re-use
Once we have agreed to make types of information available for re-use, thereafter the basis for refusing to provide any of the specific information of that type will be limited. Re-use can be refused if:

  • The activity of supplying the document is one which falls outside its public task.
  • The document contains content in which relevant intellectual property rights are owned by a third party.
  • The content of the document is exempt from access by virtue of the FOIA.

Licenses and conditions for re-use
If you ask if you can re-use information for which we hold the copyright, and we agree in principle to the request, we would communicate to you the conditions for re-use and other licence terms. We issue licenses, which include the conditions for re-use, on a case by case basis.

Charging
The Regulations state that when allowing re-use public authorities can make a ‘reasonable return on investment'.

In calculating a licence fee we would take into account the following:

  • The City of London's intellectual property, ie information that has a commercial value

A charge for this would be determined on a case by case basis.

  • Charges for staff time

Hourly charges in respect of the staff time in making the requested information available to the applicant for re-use will be charged in accordance with one of the following rates (these may be subject to revision from time to time) depending on the seniority of the member of staff who is required to manage the request:

£36 per hour, £61 per hour, £102 per hour, or £223 per hour.

Charges for materials:
Copying or Printing out (black & white)
  • A4 sheet 50p
  • A3 sheet 70p
  • A2 sheet £2
  • A1 sheet £3
  • AO sheet £6
  • B1 sheet £5
Copying or Printing out (colour)
  • A4 70p
  • A3 £1.40
  • A2 £20
  • A1 £40
  • A0 £80
  • B1 £58 from disk (scanning may be more)
    • CDs (if the information is already held electronically): 15p per CD
    • Microfiche / Microfilm: 15p per frame
    • Converting to electronic format: Depends on costs charged to the City of London
    • Converting to microfiche or microfilm: Depends on costs charged to the City of London

Information Asset List
Where permission for re-use is granted, we will list in a link to this section the type of information for which permission for re-use has been granted. The list is known as an ‘information asset list’. You may also like to visit the City of London’s Publication Scheme.

Who to Contact?
If you would like to apply to re-use information for which we hold the copyright, you are required to:

  • Make your request in writing
  • State your name
  • Give an address for correspondence
  • Specify the document requested · State the purpose for which the document is to be re-used

Please send your request to:

Information Officer
Town Clerk’s Department
City of London
PO Box 270
Guildhall
London
EC2P 2EJ
or email

Complaints
You may complain to us about how we have managed your request for re-use, eg you may wish to complain about any licence fee for re-use which we decide to charge.

The complaints procedure set up by the Regulations works in the same way as the complaints procedure under the FOIA, except that the Office for Public Sector Information (OPSI), and not the Information Commissioner, is the ultimate authority to which to complain. You can complain to OPSI only after your complaint has first been sent to us (as the authority to which your request for re-use of information was made) and you are not satisfied with our response to your complaint.

Please see the City of London’s FOI complaints procedure.

Download the FOI complaints procedure (29.9kb)

Any complaint to OPSI must:

  • Be in writing.
  • State the nature of the complaint.
  • Include a copy of the written notification from us constituting our response to your complaint.
  • Be lodged with OPSI before the end of 28 working days beginning with the date of receipt by you of our response.

The contact details for OPSI are:

OPSI
Kew
Richmond
Surrey
TW9 4DU

Tel: 020 8876 3444

 

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