Cabinet Office
Copyright does not protect ideas or facts. It only protects the manner in which an idea or fact is recorded, whether in writing, on audio tape, placed on a website, on CD-ROM or in any other tangible way. Web managers are advised that when there is any doubt then legal advice should be sought.
1.10.3.1 Copyright
Copyright is a type of intellectual property rights (IPR), but unlike all other forms of IPR, copyright is not something that the creator needs to register or declare. In the UK copyright protection automatically arises when an original work is fixed in a tangible medium or expression. Copyright does not protect ideas or facts. It only protects the manner in which an idea or fact is recorded, whether in writing, placed on your website or in any other tangible way.
1.10.3.2 Who owns the Copyright?
The general rule is that the author is the first owner of copyright in any literary, artistic, dramatic or musical work. The main exception is where such a work is made in the course of employment, in which case the employer owns the copyright.
Government departments and agencies commission a wide range of works by individuals and non-Crown organisations. Unless specific provision is made in the commissioning contract for the copyright in such commissioned works to be assigned or transferred to the Crown, the copyright will continue to rest with the author. Like physical property, it cannot usually be used without the owner’s permission.
1.10.3.3 Implications
Commissioning a work does not automatically confer copyright ownership. Indeed it does not even give the commissioning department an automatic right to reproduce or publish the work itself, unless such use is specifically agreed under the terms of the commissioning contract.
Any copyright owner is able to exercise full rights and control the ways in which the work may be exploited. This includes the right to publish, disseminate and copy. Only the copyright owner can transfer or sell (assign) or authorise (licence) its use.
1.10.3.4 Electronic rights
If you are commissioning material to publish electronically, eg on your website, it is advisable to own the copyright and you must have all world rights or alternatively specifically all digital rights.
1.10.3.5 Infringement of copyright
Anyone one who violates any of the ‘restricted acts’ of a copyright owner has infringed copyright law. Copyright owners have both civil and criminal remedies to protect their rights. They can recover damages from an infringement and obtain orders (injunctions) to prevent or restrain infringements.
In principle, anything, which is an infringement of copyright, if done in a non-electronic manner, or by non-electronic means, is also an infringement if done by electronic means. The electronic storage, retrieval, duplication, transmission and performance of a copyright-protection work are all potential infringements, however, transient they are. For example, such simple acts as the display of a work on a computer screen may involve infringing action.
1.10.3.6 Moral rights
Under UK law an author or creator (except an employee) of certain copyright material has additional rights:
Moral rights are not automatic, unlike copyright, they have to be asserted in writing by the author. However, they do transcend economic rights and can not be assigned. They can be waived in a commissioning contract.
1.10.3.7 Working in the electronic environment
In the absence of a copyright notice or statement to the contrary, it is recommended that web managers assume that all material (textural, graphical, audio and video) on the Internet is copyright. Be aware of statements that do permit use but place conditions on that use. The omission of a copyright notice does not imply that you have unrestricted us of the material.
In the e-environment it is extremely easy when down loading material to omit an author’s name or to cut and paste material in a manner that could be considered derogatory. It may be legal to do something from a copyright point-of-view but that action may well infringe Moral Rights. For example:
There are several situations in which these rights do not apply:
Reference works, such as, encyclopaedias and dictionaries.
1.10.3.8 Database right (sui generis)
The database right is very similar to copyright, for example, it is an automatic right and commences as soon as the material exists in a recorded form. There are some differences between database right and copyright:
For copyright protection to apply to a database it must have originality in the selection or arrangement of the content.
Intellectual Property Rights portal
http://www.intellectual-property.gov.uk [External website]
See Copyright, Designs and Patents Act 1988 (CPDA88)
1.10.3.9 The Management of Crown Copyright and Crown Database Rights
The central policy and legal responsibility for Crown copyright and Crown database rights, rest with the Controller of HMSO, who operates from within the Office of Public Sector Information (OPSI). OPSI/HMSO has issued a range of policy guidance on Crown copyright/Crown database rights
HMSO Guidance Note 13 - Notices on Government websites (www.opsi.gov.uk/advice/publishing-guidance/notices-on-government-websites.htm [External website]) advises government departments on suitable copyright notices for use on departmental and agency websites.
As part of the evolving policy of opening up access to official information, copyright in certain categories of official material is waived to allow it to be freely reproduced (The Future Management of Crown Copyright - www.opsi.gov.uk/advice/crowncopyright/future-management-of-crown-copyright.pdf [External website]). Government documents featured on official departmental and agency websites come into one of the categories of material identified as being subject to waiver conditions. It follows that unless departments and agencies specify otherwise, material featured on their sites can be reproduced free of charge and without requiring a formal copyright licence. It is therefore important that the copyright status of material on websites must be clear and set out in a form that can be easily understood.
Inclusion of full and accurate notices is important because:
1.10.3.10 Which notices should be featured on your website?
HMSO advises that the following notices should be clearly featured on departmental and agency websites:
It is also important to make the copyright position clear in terms of the individual documents featured on the website, including acknowledgements of any copyrights that are not owned by the Crown. For a detailed explanation, see the following website.
HMSO Guidance Note 12 – Copyright and Publishing Notices
www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/copyright-and-publishing.htm [External website]
A. Copyright statement
On the assumption that a department or agency, or contractor acting on behalf of the department or agency manages the information, it is appropriate to claim the site as being Crown copyright, even if some of the individual documents are not Crown copyright. Accordingly, the site should show the following statement on the homepage or introductory pages on each departmental or agency website.
© Crown copyright [followed by year in which the site was established or last amended].
B. Statements on departmental or agency websites
Departments and agencies should consider the range of material contained on the site and whether it may be copied without restriction. Set out below are three model statements which can be tailored to meet specific circumstances.
Option 1 Where Crown copyright material can be reused with no restrictions
© Crown copyright [followed by year in which the website was established or last amended].
The material featured on this site is subject to Crown copyright protection unless otherwise indicated. The Crown copyright protected material (other than the Royal Arms and departmental or agency logos) may be reproduced free of charge in any format or medium provided it is reproduced accurately and not used in a misleading context. Where any of the Crown copyright items on this site are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.
The permission to reproduce Crown protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
The [name of the department or agency] encourages users to establish hypertext links to this site.
For further information on Crown copyright policy and licensing arrangements, see the guidance featured on OPSI’s website at: www.opsi.gov.uk/advice/crown-copyright/index.htm [External website]
Option 2 Where Crown copyright material can be reused for research, private study or internal circulation within an organisation
© Crown copyright [followed by year in which the website was established or was last substantially amended].
The material featured on this site is subject to Crown copyright protection unless otherwise indicated. The Crown copyright protected material (other than the Royal Arms and departmental or agency logos) may be reproduced free of charge in any format or medium for research, private study or for internal circulation within an organisation. This is subject to the material being reproduced accurately and not used in a misleading context. Where any of the Crown copyright items on this site are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.
Any other proposed use of the material will be subject to a copyright licence available from HMSO, The Information Policy Team, St Clements House, 2-16 Colegate, Norwich NR3 1BQ, Fax: 01603 723000 or email: licensing@cabinet-office.x.gsi.gov.uk
The permission to reproduce Crown protected material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
The [name of department or agency] encourages users to establish hypertext links to the site.
For further information on Crown copyright policy and licensing arrangements, see the guidance featured on OPSI’s website at:www.opsi.gov.uk/advice/crown-copyright/index.htm [External website]
Option 3 Where the reuse of Crown copyright material is subject to licensing arrangements
© Crown copyright [followed by year in which the website was established or was last substantially amended].
The material featured on this site is subject to Crown copyright protection unless otherwise indicated. The material may be downloaded to file or printer for the purposes of research and private study. Any other proposed use of the material is subject to a copyright licence available from HMSO in accordance with standard Crown copyright licensing policy. Copyright licences can be obtained from HMSO, The Information Policy Team, St Clements House, 2-16 Colegate, Norwich NR3 1BQ, Fax: 01603 723000 or email: licensing@cabinet-office.x.gsi.gov.uk
The permission to reproduce Crown protected material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
The [name of department or agency] encourages users to establish hypertext links to the site.
For further information on Crown copyright policy and licensing arrangements, see the guidance featured on OPSI’s website at:www.opsi.gov.uk/advice/crown-copyright/index.htm [External website]
1.10.3.11 Conclusion to Copyright notices
The copyright status of the material contained on each site and how that material can be used must be made clearly available to all visitors to departmental and agency websites. Departments and agencies should, therefore, provide notices which can be easily understood and which encourage the widest use of the material. If you have any queries or problems, contact: licensing@cabinet-office.x.gsi.gov.uk.