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Copyright and re-use: Frequently asked questions

Corporate Information Management - August 2011
ikm@kirklees.gov.uk

The answers on this page are for information only and do not constitute legal advice.
What are Intellectual Property Rights (IPR)?
Intellectual Property Rights are legal rights that protect the use and re-use of a range of intellectual property. IPR cover copyright, designs, patents, trademarks and a number of other rights.

What is copyright?
Copyright gives the owner of recorded information a number of legal rights that can be used to control how this information is used and re-used. It places restrictions on users of the information and only certain types of use are allowed without permission.

I have a council document that doesn't have a copyright statement on it. Does that mean it isn't protected by copyright?
Copyright is an automatic right that doesn't require the owner to state that a document is protected. This means that all council documents are potentially covered by copyright. Council policy is to reserve these rights unless otherwise specifically stated.

What is re-use of information?
Re-use includes making multiple copies, publishing and issuing copies to the public. Re-use also includes combining council information with other sources either as a whole or through extracts. It covers both non-commercial and commercial activity.

What is a licence?
A licence is a legal document that details a set of terms and conditions that you must follow in order to have permission to re-use the council information.

Can I have a licence that is different from the standard licence?
No. Licences issued through the re-use licensing process are based on the Standard Re-use Licence.

What will happen if I re-use council information without permission?
The council may take legal action against any person or organisation that re-uses council information without permission. Deviation from licence terms may result in the termination of the licence and hence the permissions for re-use. The copyright and re-use licensing pages are designed to provide you with a clear indication of what you may re-use. The re-use licensing process is intended to give you a simple way of requesting permission for re-use.

If I re-use council information for a non-profit purpose do I need permission?
You should always check to see if your proposed re-use fits within allowed uses as detailed in these pages and if required make an application for re-use. Whilst many instances of non-profit use will be allowed without charge there are always conditions on the way in which council information is re-used.

Will the council provide legal advice on copyright and re-use?
No. The Corporate Information Management Team will discuss your proposed re-use but cannot offer legal advice. Permissions for re-use will only be given through the council's re-use application process.









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