Charging for re-use of Crown copyright and public sector information
Produced in partnership with Judy Nokes
Charging for re-use of Crown copyright and public sector information

The following Public Law practice note Produced in partnership with Judy Nokes provides comprehensive and up to date legal information covering:

  • Charging for re-use of Crown copyright and public sector information
  • What is Crown copyright information?
  • Policy and legislative timeline for access and re-use of public sector information
  • Default charge for re-use—marginal cost
  • Public task
  • Exceptions to default marginal cost pricing
  • Charging above marginal cost
  • Trading funds
  • Delegation of authority
  • Other public sector bodies
  • More...

Most information produced by central government bodies and government ministers in the UK enjoys Crown copyright status, and the majority of Crown copyright information, can be re-used free of charge under the terms of the Open Government Licence (OGL). Re-use of existing public sector information maximises its economic and social value, and supports the government’s policies on transparency and re-use.

The re-use of all public sector information is governed by the Re-use of Public Sector Information Regulations 2015 (RPSI 2015 Regulations), which replaced the Re-use of Public Sector Regulations 2005 in July 2015. Tailored guidance on the RPSI 2015 Regulations for the public and cultural sectors and for re-users is available on The National Archives website.

What is Crown copyright information?

Crown copyright is legally defined under section 163 of the Copyright, Designs and Patents Act 1988 (CDPA 1988) as works made by officers or servants of the Crown in the course of their duties. It includes information created by civil servants, government ministers, departments and agencies. The types of information they create includes legislation, government codes of practice, government reports, annual, financial and other corporate reports, official press releases, government forms, Ordnance Survey mapping and many public records. Note that works of Crown copyright also include software.

Information can also come into Crown ownership by means of assignment (assignation in Scotland) or transfer of the copyright from

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