Frequently asked questions
Do I need written confirmation to use information under the Open Government Licence?
No. The Open Government Licence is an implied licence. By using information made available under the licence you indicate that you have accepted its terms and conditions.
Do I have to register for an Open Government Licence?
No. There is no need to register or formally apply for a licence, unlike the previous Click-Use Licence. Users simply need to ensure that their use of information complies with the Open Government Licence terms.
Are there any fees for using information made available under the Open Government Licence?
There are no charges for using information under the Open Government Licence.
Does the Open Government Licence permit information providers to charge a fee for the supply of information to re-users?
Yes. Information providers may charge a fee for supplying information. Examples where charging for supply would be permitted include:
- providing a copy of a photograph in a higher resolution
- providing large quantities of data by means of a CD-ROM
Information providers may not impose a charge for the subsequent re-use of the information.
How long does the Open Government Licence last?
Unless you breach its terms, the Open Government Licence is a perpetual licence.
Under what circumstances can an Open Government Licence be terminated?
If your use of information breaches the terms of the Open Government Licence, then the rights granted to you under the Open Government Licence will automatically end and you will be in breach of copyright and/or database right. If the breach is corrected, however, the rights granted to you under the Open Government Licence will be said to be reinstated.
What is an 'attribution statement'?
When you are using information, other than information and material created by you, you should cite what information you used, where it came from and what date it was published. You should also include a link to the information you used, if this is online, and a link to the licence, under which it was used. See our information on how to attribute information used under the Open Government Licence.
Can information licensed under the Open Government Licence be used with information granted under another licence e.g. Creative Commons, Open Data Commons?
The Open Government Licence terms are interoperable with the latest versions of the Creative Commons Attribution Licence, which covers copyright, and Open Data Commons Attribution Licence, which covers database rights and applicable copyrights. Information used under the Open Government Licence can be combined with information licensed under Creative Commons or Open Data Commons or with another work. This means that information can be mixed and re-purposed easily with other licence models requiring attribution in that the terms of the Open Government Licence should not present any barriers.
What is an information provider?
The person or organisation providing the information under the Open Government Licence. The information provider is also the licensor when they have the authority to offer the information under the terms of the Open Government Licence. In the case on information owned by the Crown, the information provider means the organisation providing the information and the licensor means the Controller of Her Majesty's Stationery Office.
What are third party rights?
These are intellectual property rights including copyright which the information provider does not have the authority to grant the use of.
Will the Open Government Licence replace the Click-Use Licence?
Yes, the Open Government Licence replaces the PSI Click-Use Licence for Crown copyright and database right information. One of the key differences between the Open Government Licence and Click-Use Licences is that re-users no longer need to register for a licence. Departments which have a delegation of authority from the Controller may continue to license the re-use of Crown information under their current arrangements.
The PSI Click-Use Licence will continue to operate for re-use of information produced by the Scottish Parliament, unless otherwise indicated.
The publication that I wish to use says that I have to apply for a PSI Click-Use Licence. Can I use this?
Yes. The Open Government Licence supersedes the PSI Click-Use Licence, therefore any information covered by Crown copyright that was available for re-use under the PSI Click-Use Licence may now be re-used under the Open Government Licence.
I hold a PSI Click-Use Licence, is this still valid with the introduction of the Open Government Licence?
The introduction of the Open Government Licence does not affect the validity of existing PSI Click-Use Licences. These licences will continue until the five year period has elapsed, unless you indicate that you wish to terminate the licence, or there is a breach of its terms.
I hold a PSI Click-Use Licence, which licence terms apply when we re-use information?
You may use the information under your existing Click-Use Licence until it expires. Alternatively you can choose to use the information under the terms of the Open Government Licence.
Who can offer information under the Open Government Licence?
The licensor grants the rights to use information under the Open Government Licence. The licensor means the relevant rights owner or any information provider which has the authority to offer information under the terms of the Open Government Licence.
In the case on information owned by the Crown, the licensor means the Controller of Her Majesty's Stationery Office, who manages Crown copyright and Crown database right on behalf of Her Majesty The Queen.
Does the Open Government Licence affect the rights of public sector bodies?
The Open Government Licence does not affect the rights of public sector bodies to control the use of their information and data. It is available as a tool which public sector bodies can adopt to license the use and re-use of their information and data easily and efficiently. The Open Government Licence does not affect the use of an organisation's logo, or other intellectual property rights outside of copyright and database right, such as trademarks, designs and patents. The Open Government Licence does not permit the use of military insignia or the Royal Arms.
Will government departments be required to amend the copyright statements in all existing publications?
No. It will not be necessary to amend the notices in existing publications, unless they are re-printed. New publications must carry appropriate copyright and re-use statements and departmental websites will have a notice to indicate that information can now be used under the Open Government Licence.
Will there be a record of those who are using information under the Open Government Licence?
No. Users do not need to register for a licence and as such there will be no comprehensive list of users. However, the Open Government Licence states that users should, where possible, provide a link back to the Open Government Licence. This means there will be ways of searching for online works using information under the Open Government Licence.
What happens is a user fails to comply with the terms and conditions?
If a user does not comply with the terms and conditions of the Open Government Licence, then the rights granted under this licence, or any similar licence granted by the licensor, will end automatically. If a user breaches the copyright or database right of the information provider, their rights will end and could be liable to criminal proceedings. (See the Copyright, Designs and Patents Act 1988). If the breach is corrected, however, the rights granted under the Open Government Licence can be reinstated.
Does The National Archives license information under the Open Government Licence?
Information produced by The National Archives is subject to Crown copyright or database right, and therefore is offered under the Open Government Licence by the Controller of Her Majesty's Stationery Office. However, documents, files and information held at The National Archives for public record purposes, will be subject to a wide range of different rights. See our Copyright page for advice on the re-use of material.
