The Re-Use of Public Sector Information
Re-using Our Information – Our Policy
The
Re-use of Public Sector Information Regulations 2005 (Statutory
Instrument 2005/151) came into force on 1st July 2005.
Worcestershire County Council has made a commitment to allow re-use
of its information, wherever it is possible and reasonable to do
so, in order to support commercial growth and release the
value of its information for the benefit of the economy as a
whole.
In recognition of its commitment to implementing the Re-use
Regulations, Worcestershire County Council has achieved
accreditation under the Information Fair Trader Scheme (IFTS). The
IFTS scheme sets and assesses standards for public sector bodies
and requires them to encourage re-use of information and achieve
minimum standards of fairness and transparency in relation to the
re-use of its information.
The Re-use Regulations establish a framework for making the
re-use of information easier. They compliment existing access to
information legislation such as the Freedom of Information Act 2000
and the Environmental Information Regulations 2004.
If you would like more information about how to apply to re-use
our information please click on our Frequently Asked Questions
below. If you can't find what you are looking for please contact
the Information Access
Officer.
Frequently Asked Questions
- What are the Re-Use of Public Sector
Information Regulations about?
- What is meant by "re-use"?
- What information will you allow me to
re-use?
- What is an Information Asset Register and do you
have one?
- How do I make a make a request to re-use your
information?
- What are your terms and conditions of
re-using your information?
- Do I have to pay to re-use your
information?
- How do I complain about how you have
handled my re-use application (or your re-use processes)?
Answers
- Q:
What are the Re-Use of Public Sector Information Regulations
about?
A: The Re-use of Public Sector Information Regulations
2005 ( SI 2005/1515) came into force on 1st July 2005.
The Regulations implement European Directive 2003/98/EC on
the Re-use of Public sector Information.
See the Re-Use
of Public Sector Information Regulations 2005
The Regulations are designed to help unlock the value held in
public sector information and to allow re-use of these resources
for the benefit of commercial exploitation. By allowing the private
sector to re-use information that has been produced by the public
sector, value may be added to products and services. In this
way, we can help support and stimulate both the local
Worcestershire economy and the national economy.
The Regulations provide a statutory framework through which you can
apply to re-use public sector information and are based upon the
principles of fairness, transparency, non-discrimination and
consistency of application.
The Regulations are designed to compliment the Freedom of
Information Act and the Environmental Information Regulations.
The Freedom of Information Act and Environmental Information
Regulations both provide a statutory public right of access to
information held by Public Authorities subject to the application
of legal exemptions in certain cases. However, although this
legislation gives a right of access to publicly held information,
they do not automatically give an applicant a right to re-use that
information. The Re-use of Public Sector Information
Regulations however are designed to enable an applicant to re-use
public sector information.
The Regulations impose the following main obligations upon a public
sector body:
to publish a list of its
documents which are available for re-use. This list is referred to
as an Information Asset Register. Currently WCC's Information Asset
Register is contained within its Publication Scheme
to provide a clear
statement on the arrangements for re-use of its information
to clearly explain any
applicable charges for re-use and any licence terms and
conditions
to process applications for
re-use in a timely, open and transparent manner and through fair,
consistent and non-discriminatory processes.
to establish a quick and
easily accessible complaints process.
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- Q:
What is meant by "re-use"?
A: Information is generally
produced by Worcestershire County Council as part of its statutory
duty to carry out public functions (its public task). A
re-use of that information will occur when that information is used
for a purpose other than that for which it was originally
produced.
The Regulations do not require WCC to permit re-use of its
documents. However, where we do permit a re-use to one party
for a purpose which is outside the scope of our public task, the
Regulations require us to consider requests from others in a fair
and transparent manner. Where re-use is permitted by more than one
party, this must be on the same terms and conditions for comparable
categories of re-use.
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- Q:
What information will you allow me to re-use?
A:
1. Generally, WCC will permit re-use of all
of the documents listed on our Publication Scheme (unless otherwise
stated). If you would like to re-use a document which is not listed
in our Publication Scheme, you can still apply to us and we will
consider your application.
2. Information which has been produced by
WCC and which is already reasonably accessible to you. For example,
a policy document which is published on our website*
*subject to our copyright.
There are categories of document which are specifically excluded
from the scope of the Regulations. To reflect the Regulations, WCC
would not usually permit re-use of information falling within the
following categories;
Where the relevant intellectual property rights in the document are
owned or controlled by a person or organisation other than WCC.
However, if we refuse to allow re-use of a document which falls
within this category, we will tell you who does own or control the
intellectual property rights (where known to us) so that you can
contact them direct. Examples of relevant intellectual property
rights are copyright, performance rights and database rights.
Where the document is exempt from disclosure under the Freedom of
Information Act, Environmental Information Regulations, Data
Protection Act or other legislation dealing with access to
information. An exception to this rule is where section 21 of
the Freedom of Information Act or section 25 of the Freedom of
Information (Scotland) Act applies. These sections cover
information which is exempt from disclosure because it is already
"reasonably accessible to the applicant". For example, information
published on our website or information which we have a statutory
duty to disclose to you (other than by way of inspection).
Documents that fall outside the scope of our public task. This
covers those situations where we may produce documents that are not
directly related to our core responsibilities, such as where they
are optional commercial products competing in the open
market.
The Regulations do not apply in cases where citizens or companies
have to prove a particular interest in the information in order to
gain access to it. For example, information which would only be
released in response to a subject access request under the Data
Protection Act would not be available for re-use, due to this
provision.
Finally, the Regulations do not apply to a document unless it has
been identified by WCC as being available for re-use.
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- Q:
What is an Information Asset Register and do you have one?
A: An Information Asset Register is
a list of documents which a Public Sector Body has identified as
being available for re-use. The list may include both published and
unpublished information. Those Public Sector Bodies which have to
comply with the Re-use Regulations are required to publish an
Information Asset Register.
Currently, WCC's Information Asset Register can be found within its
Publication Scheme. Unless otherwise stated all documents held
within our Publication Scheme are available for re-use subject to
our standard implied licence terms and conditions.
Online Publication
Scheme/Information Asset Register
Alternatively, hard copies of our Publication Scheme/Information
Asset Register can be found at our libraries, One Stop Shops and at
Reception at County Hall, Spetchley Road, Worcester WR5 2NP.
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- Q: How
do I make a make a request to re-use your information?
A: Once you have obtained access to
the document you would like to re-use (perhaps via a Freedom of
Information request or similar), you may apply to re-use it.
In order to help us process your request as swiftly as possible
please ensure that your application:
Is in writing,
States your name and
address, including any organisation you represent,
Contains full details
of the document you would like to re-use and
Contains the purposes
for which you would like to re-use the document.
We are happy to accept applications by post or email. Please send
to:
Information Access Officer
Worcestershire County Council
Corporate Information Management Unit
County Hall
Spetchley Road
Worcestershire WR5 2NP
Email: re-use@worcestershire.gov.uk
Your application will be processed promptly and within 20 working
days. By this time you will either receive a final offer permitting
re-use together with any conditions of re-use or a refusal
letter. If your application is complex or particularly
extensive we may require longer to process it, in which case it
will be processed within a reasonable time period.
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- Q:
What are your terms and conditions of re-using your
information?
A: If we agree that you can re-use
our information we will require you agree to our terms and
conditions of re-use. These terms and conditions are set out
in our Licence Agreements. We operate 4 different types of
licence depending upon the unique circumstances of your
application. These comprise:
Implied Licence
Standard Licence
Full Charge Fixed Fee Licence
Full Charge Royalty Licence
We will advise you which form of Licence applies upon your
application.
WCC IMPLIED LICENCE
In most cases you will be able to re-use our
information, free of charge, by simply indicating your agreement to
our Implied Licence terms.
Implied
Re-use and Copyright Licence
(
16 KB)
WCC STANDARD LICENCE
In some circumstances we may require you to agree to
our Standard Re-use Licence. For example, where we wish to
recover nominal
charges and/or impose re-use conditions over and above those
contained in our Implied Licence.
Standard
Licence ( 34 KB)
WCC FULL CHARGE FIXED FEE LICENCE
In some circumstances we may require a reasonable
return on investment by way of a single fixed fee. In such
cases we will require you to agree to our Full Charge Fixed Fee
Licence.
Full Charge
Fixed Fee Licence ( 35 KB)
WCC FULL CHARGE ROYALTY LICENCE
In some circumstances we may require you to pay a
reasonable return on investment by way of a percentage of profits
made on products incorporating re-use material. In such cases
we will require you to agree to our Full Charge Royalty
Licence.
Full Charge
Royalty Licence ( 39 KB)
For more information about our charging policy see below:
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- Q: Do
I have to pay to re-use your information?
A: In most circumstances material
may be re-used without charge; however where the Council is
requested to convert material or if there is a charge for a
reasonable return on investment, a charge may be made. The
following guidance explains what fees might apply and how they are
calculated.
WCC may require you to contribute towards the cost of meeting your
application for re-use by paying either a Nominal or
Full Charge.
If you have been charged for access to the same information e.g.
under a Freedom of Information request, we will not make further
charges in respect of the collection and production of the
information. However, you may still be required to pay a
reasonable return on our investment (see below)
a. Nominal charges may cover our basic costs
relating to:
(i) the collection, production, reproduction and dissemination of
the documents e.g. copying, printing and postage.
Standard Nominal Charges
(ii) the cost of conversion of the information to a
different format or extraction from a larger dataset.
Please note, WCC is not required to provide the information in a
particular format e.g. as a spreadsheet or in a compatible database
format, or extract it from a larger dataset. However
we will try and meet reasonable requests wherever possible, in
which case there may be an additional charge.
b. Full Charges
Full charges may include nominal charges together with a reasonable
return on our investment. A reasonable return on investment
may be sought in certain circumstances. For example, where WCC has
made a significant professional or technical input into the
creation of the information, beyond simple collection and collation
of information or where you propose to make a commercial re-use of
the material.
In calculating a reasonable return on investment, WCC reserves the
right to impose either a Royalty or a Fixed Fee.
b1. Fixed Fees
A fixed fee is a fee that is payable either once or
at agreed intervals. Fixed fees will usually be used in the
following circumstances:
Where the material is
re-used in a way that does not involve the offer for sale of a
product or service to a customer;
Where the quantity of
material being used is modest. For text this will be up to 5,000
words. Most tables, diagrams, illustrations and photographs will be
handled this way;
Where the material will be
made available free of charge (and where it is agreed to licence
such re-use). For example, a user may wish to re-use material in a
free issue publication or on a free access website. The fees are
partly dependent on the type of material and how it is
presented;
Where the material
represents a small proportion of a large database product.
The range of fees is set out in the following paragraphs.
Fixed Fee - Text
The following fees apply for the re-use of material in all formats,
including print, on the web, and intranet. It does not include
photocopying. The first 1,000 words can be re-used free of charge.
Quantities exceeding 1,000 words will be charged according to the
amount of material being used in any single product or service, as
illustrated below:
| Number of words |
Fee in any single product or
service |
| 0 - 1,000 words |
No charge |
| 1,001 - 2,000 words |
£60 |
| 2,001 - 3,000 words |
£120 |
Fixed fee - Tables, illustrations, diagrams and photographs
The first item can be re-used free of charge, but all subsequent
items will be charged at £50 for each item in any single product or
service. This covers the re-use of illustrative material in books,
on the web, in journals and newspapers and on television.
Additional fees are payable for supply of photographic
prints/negatives and artwork by the holding department/
organisation. In the context of this document, a table means an
arrangement or collection of text or numbers not exceeding 1,000
words/numbers. It also means a single graph.
| Number of items |
Fee in any single product or
service |
| 1 item |
No charge |
| 2 items |
£50 |
| 3 items |
£100 |
Full Charge Fixed
Fee Licence (35 KB)
b2. Royalties
A royalty is a fee that is linked to the amount of
income generated from the sale of your product. They are generally
payable annually. The royalty approach is often used in the
following circumstances:
Where
the material is re-used in a commercial product that is offered for
sale; and/or
·Where a
substantial amount of material is being re-used.
Our royalty rate is 10%. This rate is linked to the level of income
generated by the product and how much material is being re-used.
Example: if the re-use material made up 25% of the contents of a
published text, the fee due would be based on the following
calculation:
10% of Licensee Income x 25%
So, if the publisher sells 3,000 copies of a book during a royalty
period and generates £30,000 from sales after taking into account
the booksellers' or agents' discount, the fee would be £750 (10% x
£30,000 x 25%).
Full Charge Royalty
Licence (39 KB)
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- Q: How
do I complain about how you have handled my re-use application or
your re-use processes?
A: If we refuse your request to re-use our information, we
will provide a written explanation of why your application has been
refused and explain how you can complain, together with related
rights of appeal.
If you want to complain about the way WCC has handled your
application for re-use or complain generally about our re-use
policy and processes you should write to the Consumer Relations
Unit
If you are dissatisfied with the outcome of your complaint or the
way in which we have handled your complaint generally, you are
entitled to refer your complaint to the Office of Public Sector
Information (OPSI) at:
Office of Public Sector Information
Admiralty Arch (North Side)
The Mall
London
SW1A 2WA
If you are not satisfied with the response from OPSI you can appeal
their decision to the Advisory Panel on Public Sector Information
(APPSI) at:
Advisory Panel on Public Sector Information
Admiralty Arch
North Side
The Mall
London SW1A 2WA
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This page was last reviewed 27 February 2012 at 12:04.
The page is next due for review 25 August 2013.