How we deal with your Licence application
Introduction
The following information describes how we deal with applications to re-use Crown and Parliamentary copyright material. It outlines the factors that we take into account to help us decide whether a Core or Value Added Licence is appropriate. It is designed for use by the Licensing Division and to help you understand how we process applications.
Summary of action
The following activities and decisions are part of the licensing process:
- acknowledging the application;
- clarifying your requirements;
- confirming the copyright status of the material;
- checking to see if the period of copyright protection has expired;
- establishing whether a Click-Use licence is required;
- deciding the type of Click-Use licence that is required;
- providing details about how to obtain a Core Licence;
- completing the Core Licence application form on behalf of those who are not able to access the website;
- forwarding the application to another government department or agency if they have a Delegation of Authority;
- ensuring that the material can be re-used in accordance with current government policy;
- registering Value Added Licence applications on the Licensing Database;
- seeking the views of departments where necessary;
- deciding whether payments are required;
- producing a Value Added Licence;
- recording the Value Added Licence details on a file where necessary;
- notifying our Finance and Quality Division of any Value Added Licences that involve payments;
Who is responsible?
The people listed below have the following responsibilities in the licensing process:
The Controller
- to approve and sign any copyright assignments
- to authorise any Exclusive Licences
Head of Information Policy
- to advise Licensing Division staff on licensing and
- information policy issues
- to monitor progress on licensing casework
Licensing Manager
- to advise the Licensing Administrators on licensing policy
- issues
- to issue Value Added Licences for the re-use of complete works
- for allocated Departments
Information Policy Advisers*
- to issue Value Added Licences for the re-use of complete Crown
- copyright works for allocated Departments
- to advise Licensing Administrators on licensing issues
- relating to their allocated Departments.
* Where the term Information Policy Advisers is used it can also be taken to include the Information Policy Manager.
Licensing Administrators
- to acknowledge Applications where necessary
- to check whether the Material falls within the scope of the Core Licence or Waiver
- to register all Applications for a Value Added Licence on the Licensing Database
- to raise a registered file where necessary, e.g. for Value Added Licences involving payments
- to refer Applications to Departments where appropriate
- to obtain further information from Applicants where necessary
- to issue Value Added Licences for the re-use of Extracts for allocated Departments
- to deal with applications for the re-use of Material covered by the Core Licence.
Reference sources
As part of the licensing process we will refer to a number of sources of information, including the following:
- Click-Use Licences
- Copyright, Designs and Patents Act 1988 (CDPA1988)
- Cross-Cutting Review of the Knowledge Economy
- Dear Publisher and Dear Librarian Letters for Parliamentary copyright material
- Definitions of Core and Value Added Information
- Delegation of Authority List
- Schedule of charges
- Freedom of Information Act 2000 (FOI 2000)
- Guidance for Departments: Policy Arrangements on the Licensing of Government Information
- Guidance Notes
- HM Treasury’s Charges for Information: When and How
- Internet - websites such as the Parliament website and The Stationery Office Ltd (TSO) website
- Internal databases
- List of Crown Bodies in the UK
- The Future Management of Crown Copyright White Paper
- UK Official Publications Database (UKOP)
- Applications
You can send your Application to us in the following ways:
- by completing and submitting either a Core Licence or Value Added Licence application form;
- by sending a non-standard Application, usually by e-mail or by letter;
- via a Department
Initial assessment of application
The Licensing Administrators and Advisers will assess each Application to determine whether any of the circumstances described below apply:
The Material is Core or Value Added
How to check: refer to the definitions of Core and Value Added Information and the terms of the Click-Use Licences.
Action: if it is Core Information we will advise you to apply for a Core Licence using the online application form. If it is Value Added Material or not otherwise covered by the Core Licence, and licensing is permitted, we will draft a Value Added Licence.
The Material is covered by Waiver conditions
How to check: refer to the Click-Use Licence, the Guidance Notes and the Future Management of Crown Copyright.
Action: if the Material is covered by Waiver conditions, we will advise you that you do not require a formal licence.
The Material is out of copyright
How to check: refer to the CDPA1988 and to UKOP.
Action: if the Material is out of copyright we will advise you that you do not require a licence of any kind.
The Material is subject to Parliamentary Copyright protection
How to check: refer to the CDPA1988, the list of Crown Bodies in the UK, UKOP and the Parliament and TSO websites.
Action: if the Material is Parliamentary copyright, we will advise you of the appropriate licensing arrangements.
The Material is not Crown or Parliamentary Copyright
How to check: refer to the CDPA1988, the list of Crown Bodies in the UK, the Parliament and TSO websites and UKOP.
Action: if the Material is not Crown or Parliamentary copyright, we will advise you whom you should contact as we are not authorised to license it.
The Material is covered by a Delegation of Authority
How to check: refer to the Delegation of Authority List.
Action: if it is covered, we will send your Application to the Department concerned. We will also tell you where your Application has been sent.
The Material is subject to an Exclusive Licence
How to check: refer to the Licensing Database.
Action: if an Exclusive Licence is already in place, we will tell you when/if the Exclusive Licence is due to end.
We are only authorised to license copyright and/or database rights. If you want to re-use any other form of intellectual property, such as patents, inventions or registered designs, we will advise you who to contact.
Processing of Core Licence applications
If the initial assessment confirms that the Application is for Core Information, you will need a Core Licence. The Licensing Administrator will check to see if you are already on the list of current Core Licence holders. If you do have a Core Licence we will remind you of your licence number and its start and end dates. We will also confirm that, as the Material is Core Information, you are already licensed to re-use it. If you do not already have a Core Licence, we will tell you how you can apply for one online.
Anyone who does not have access to the internet will be sent a copy of the Core Licence terms and conditions and the application form to complete and return. By completing and returning the application form, the terms and conditions are accepted. The Licensing Administrator will enter the details onto the online application form and confirm the licence number to the Applicant once the Application has been completed.
Any Applicant that previously had a Core Licence which was revoked because of a breach of terms, will not be able to apply online for a new licence and will be advised to contact us directly. Depending on the nature of the breach, it is possible that a new Core Licence will not be issued. The Licensing Administrator will discuss the Application with the Licensing Adviser who will decide whether or not a new Core Licence can be issued.
Processing of Value Added Licence applications
If the initial assessment shows the Material is not Core Information, the Licensing Advisers and Administrators will then decide whether or not the Material can be licensed with a Value Added Licence, or not licensed at all. This may involve consulting the Department.
The following list gives examples of the reasons why a Value Added Licence may not be granted:
- The Application includes material listed under sections 23-44 of FOI2000 (for example material dealing with security matters, personal information and information provided in confidence).
- Proposed re-use involves the improper use of the Royal Arms.
- Proposed re-use involves security or personal identity documents and could result in the material being used for fraudulent purposes.
- The material has been superseded or is out of date, unless there is an intention to make it clear that more up-to-date Material is available from the Department.
- The Applicant has been refused a licence before or has had a licence terminated for breach of contract.
If a Value Added Licence is not going to be issued, the Head of Information Policy will be consulted before the Applicant is told. Assuming the Head of Information Policy agrees that a licence should not be issued, then the Applicant will be told the reason why in writing.
Producing a Value Added Licence
The Licensing Advisers and Administrators will use the Template to produce a Value Added Licence that meets the Applicant’s requirements.
The Licensing Advisers and Administrators will decide if a payment is required and if so it will be set by referring to the Schedule of charges.
Issuing a Value Added Licence
The Licensing Adviser or Administrator will send you two copies of your Value Added Licence together with a covering letter or e-mail asking you to sign and initial both copies and return them to us. When the copies are returned, the Licensing Adviser or Administrator dealing with the Application will sign and date the Value Added Licence and send one copy to you for your records.
If you want to change any part of your Value Added Licence, the Licensing Adviser or Administrator will review the matter and decide whether or not the changes are justifiable and can be made. If the change relates to the terms and conditions in the Template, then the Head of Information Policy will be consulted. If the changes are acceptable, a revised Value Added Licence will be sent for signature. If, however, the changes are not acceptable then further discussion may be necessary to reach agreement.
Return of completed Value Added Licences
A record of all signed Value Added Licences will be held on the Licensing Database, with details of the review date. The signed Value Added Licence will then be allocated a unique registration number and filed. A copy of the completed Value Added Licence will also be kept together with a copy of the Application and all related correspondence.
Value Added Licences involving payments
Details about the Value Added Licence will be passed to our Business Support Team so that the necessary credit control and payment arrangements can be set.
Review of Value Added Licences
Before the initial term of a Value Added Licence ends, the Licensing Adviser or Administrator will contact the licence holder to see whether they want the Value Added Licence to continue. If the Value Added Licence terms are no longer in line with current policy, the Licensing Adviser or Administrator will draft a new Value Added Licence and give the licence holder the required amount of notice that the current Value Added Licence will be ending.
Termination of the Licence for breach of terms
If a licence holder breaches the terms of the Core Licence or Value Added Licence, the appropriate Licensing Adviser or Administrator will consult the Head of Information Policy. Then they will write to the licence holder asking for the breach to be put right within a specific time period. If the breach is not put right in the time given, the licence will be terminated immediately.
Service Standards
We aim to provide a first class service to all our customers and will try to make sure that our service standards are met.
What happens if you are unhappy with a decision
If you are unhappy with a decision, then we will advise you of our complaints procedure.