How do we license re-use under FOIA?

To license a relevant copyright work for re-use, you must be the only owner of the copyright or the database right in that work. If a third party owns the copyright or database rights in the dataset, you should explain when making the dataset available that you’re not licensing re-use. You should tell the requester who owns the rights, if known. If a third party owns the rights in part of the dataset, you should make it clear that you’re not licensing that part for re-use.

Even if you can’t license the re-use of the dataset because you’re not the sole owner of copyright work, you must still make the dataset available in a re-usable form. Providing a dataset in a re-usable form, rather than a proprietary format, may make it easier for people to read despite not being licensed for re-use. If you are not licensing re-use under these provisions, you should explain this to the requester.

There are occasions, however, where there is no duty on you to make a dataset available for re-use under section 11A(2). However, it is still important that you inform the requester that the dataset (which you must provide in a re-usable format) may still be re-used. For example, if you are a government department, section 11A(2) would not apply because your works are ‘relevant Crown works’, but such datasets would already be available for re-use by authority of the Controller of HMSO. There may also be some datasets which are not subject to any copyright restrictions meaning the requester is free to re-use them. You should explain this to the requester.

Specified licence

Section 11A(2) says that you must make the dataset available under a specified licence. According to section 11A(8), this means a licence specified by the Minister for the Cabinet Office in a code of practice issued under section 45. The final part and Annex B of the Code deals with the dataset provisions. The Code encourages public authorities to use the Open Government Licence (OGL) for datasets that can be re-used without charge. Furthermore, the UK Government Licensing Framework recommends the OGL as the default licence for public sector information.

The OGL does not require any registration or charge and it allows re-use for both commercial and non-commercial purposes. In order to use the OGL you should include a statement with the dataset to show that it’s being made available under the OGL, as well as a link to the OGL and an attribution statement which those using the dataset should cite in their products and applications.

The OGL is the default licence for public authorities to use for datasets that can be re-used without charge. There may however be circumstances in which it is not appropriate. The Non-Commercial Government Licence is available for situations where organisations can only re-use information for non-commercial purposes. Alternatively, you can use the Charged Licence in situations where you make a charge for cost recovery and a reasonable rate of return for use and re-use of the information. You will need a good reason for making a dataset available for re-use under a licence other than the OGL.

Public authorities should consult the UK Government Licensing Framework for detailed information on the OGL, how to use it and for information on the other licences.