PerSpectIves

New OPSI licensing model - update

Earlier this year we posted our initial thoughts on a new licensing model for Crown copyright information.  There was support for moving to a non-transactional licence on the lines of Creative Commons (CC).  We have discussed potential Creative Commons-style solutions with contacts in Australia and New Zealand where Creative Commons licences are being used for licensing the re-use of public sector information.

 

Discussions are also taking place with Creative Commons to assess the suitability of the Creative Commons Attribution Licence (CC-BY) for the licensing of Crown copyright and other public sector information.

 

We have identified a number of areas where the current version of the Creative CC-BY licence may not meet some of the requirements for licensing Crown copyright

 

• OPSI’s remit is UK wide and therefore any licence we use to licence Crown copyright must be UK wide. 

• The CC-BY licence does not cover database rights. 

• There is nothing in the current CC-BY licence to prevent re-users from implying their products are endorsed by the government.  There is also no means for protecting the use of the Royal Arms and other, non-trademark, department logos.  We

need a disclaimer that makes it clear that information in its re-used form does not have official status and that government does not provide any guarantees about the accuracy, currency and content of re-presented information and data.

We are discussing these issues with CC in the context of the licence review that is underway.  This review is due to complete by the end of the year and we will have direct input to that process.

 

No final decisions have been made yet but our aim is to move to a new non-transactional licence in the early part of 2010.

PSI In Action - conference follow-up

On 20 October 2009 we, together with APPSI and the Cabinet Office, supported the second PSI conference, which was organised in conjunction with Civil Service World.  Events (and others such as workshops, working groups and forums, and reports like the UK Annual Report on PSI Re-use) are part of our wider agenda to raise awareness of contemporary and key issues.  We plan these conferences as a forum where interested parties can discuss the issues and grasp the full context of what are the obstacles and highlight the successes.  They are also a measure of just how far we have come in the past year.

 

The following day, in keeping with the sharing of knowledge and information and best practice, we held a PSI Summit - a policy exchange workshop, to share experience and lessons learnt from both UK and Commonwealth colleagues.  International delegates from the conference joined us and colleagues from other government departments to discuss PSI issues.  The various topics throughout the day were licensing, digital engagement and the use of metadata (data curation).  This day highlighted how combined efforts and sharing knowledge can develop solutions and we will continue to exchange best practice and views on where we go from here and how we resolve the issues.

Here are the conference documents together with overviews of both days:

• PSI in Action - Transforming the Information Landscape Conference Overview 
• PSI in Action delegate pack
• Nicholas Gruen Towards a more Felicitous Economy
• William Perrin PSI Lifeblood of Communities
• Ian Trenholm Public Service Delivery How can we Raise the Bar
• Martin Ferguson Public Service Delivery How can we Raise the Bar
• Andrew Stott Beyond PSI_ Extending Digital Engagement
• Nigel Shadbolt Public Information Delivery
• Chris Jenkins Knowledge Sharing Session Competition and Discrimination
• Patricia Seex Knowledge Sharing Session The Price of Information
• Jim Wretham Knowledge Sharing Session Opening up Access to Information
• Knowledge Sharing Session Notes
• International PSI Summit 21 October 2009 Overview  

 

OPSI’s new licensing model – taking the licensing of government content to the next level

On 17 June we posted our initial thoughts about a new licensing model for re-using government content for comment and the post is now closed.  Thank you to everyone who commented.

We are reviewing the comments received and will post further developments here as they happen.

PSI in Action - transforming the information landscape, 20 October 2009

Following the success of last year’s conference, Civil Service World, with support from OPSI, APPSI and the Cabinet Office, is holding a conference this year to discover how PSI is transforming the information landscape and further explore the issues surrounding PSI.  Michael Wills, Minister of State, is a keynote speaker for this event.

PSI in Action will look at how public sector information policy is being developed and shaped and how the PSI agenda is being delivered on three fronts: 

• Economic activity and the benefits to the information industry;
• Social benefits that flow from removing obstacles to re-use; and
• How

re-use can transform public service delivery.

The all day conference will be held on 20 October 2009 in central London.  For further details and to register please go to: www.psiinaction.co.uk   

Ordnance Survey licensing and pricing review - measures and outcomes

The following draft measures and expected outcomes have been developed to assess the effectiveness and delivery of the Ordnance Survey licensing and pricing review, which is part of the wider business strategy. The Office of Public Sector Information are supervising this review.

We would like to invite feedback on these draft measures, particularly as to whether or not we are measuring the right things.

Pricing

· Reduction in minimum royalties charged

· Publication of standard prices on the OS website

· Transparency and increased clarity of pricing structures. Longer term price reduction

Licensing

· Reduction in the number of Specific Use Contracts in operation

· Clarity and simplification of licence terms. Licence documents are shorter and easier to understand.

· 20% improvement in length of time it takes to issue a Specific Use Contract, based on a current baseline of performance.  Average length of time taken to issue a licence tracked and proportion of licence applications completed on time.

· Increase in the number of data products licensed for distribution

· Distribution licences deliver greater flexibility over the rights customers have to use.  

Effect on Market

· Volume increase in number of licences issued based on current baseline of performance:

o   Developer licences

o   Specific Use Contracts

· Government policy on derived data should be followed. This will give extended rights to use OS derived data and transparency of terms as regards derived data.   

Non Discrimination/Competition

· Ensure that the level of information required during the licensing process is minimised to enable the processing of the licence application.  This information should not be made available outside of the Ordnance Survey licensing team.

· Publication of standard terms and conditions on the Ordnance Survey website for different types of contract.

· Evidence that Ordnance Survey’s commercial activities are operating on the same terms in relation to Ordnance Survey data as any commercial rival. To be assessed under the Information Fair Trader Scheme.

Innovation

· New initiatives that encourage the maximal re-use of Ordnance Survey data. Noble failure encouraged as well as success.

· Demonstrable improvement in the transition path to commercial terms and conditions for developers using Ordnance Survey data and services.

Customer Interaction

· Demonstrable consultation and dialogue with customers, with follow up action, about the Ordnance Survey business strategy.  This may take the form of interactive blogs, forums, meetings, etc.

· Development of guidance and navigation tools to help customers understand licensing options

  

Measurement tools

• Customer liaison through media such as PSI Perspectives and Licensing Forum
• Monthly target assessments
• Ordnance Survey key performance indicators
• Analysis of the revised contracts

Timetable and Reporting

Measurement will commence for most of the above from 1 July 2009. Some measures, such as the effect on the market of the new licences and the length of time taken to issue a new licence, will not come into effect until 1 April 2010. 

Exceptions to marginal cost pricing

Most government information should be available for re-use at marginal cost, which often in practice means free of charge, especially where the information is published online.  This will maximise social and economic value, and supports the Government’s response to the recommendations made by the Power of Information Taskforce

There are some instances when public sector organisations can charge for supplying information which recipients intend to process and re-use.  Further clarification is given in Budget 2009.

Government policy for charging is set out in HM Treasury's document “Managing Public Money”. Government information is normally made available for re-use at marginal cost. There are some cases where a department has added value to the information to create a commercial product. In those cases the policy is to charge at full cost plus an appropriate rate of return. This information trading is policed under the Information Fair Trader Scheme (IFTS), which ensures that there is a simple, fair and transparent approach to licensing.

Where departments and agencies wish to charge for the re-use of data, they will be required to justify departures from the marginal cost model.  This justification ensures that Government does not limit or restrict re-use.

The Government’s response to the Power of Information Taskforce’s recommendation 10 explained that OPSI would develop a series of tests, or criteria, to help assess whether charges are appropriate.  

We welcome your views and comments on the criteria that should be applied.

Criteria

A Department or Agency’s responses to the following questions will enable OPSI to make a decision as to whether a departure from the marginal cost model is appropriate on a case by case basis. Government trading funds, which are required to maximise income, are exempt from these tests, although they are subject to the requirements of IFTS.  

Draft Criteria

· Is the information embedded within a commercial product? If so, is it an integral part of the product?

· Is the information competing in the market place against similar information products?

· Was the information directly funded by the taxpayer or from another source?

· Is the department a monopoly producer of the information?  Can the information be obtained from other sources?

· Does the information derive special status and authority because it has been issued by government?

· Is it essential to produce the information as part of a government’s core duties?

· Is the information essential to the relationship between citizen and state?

· How will charging affect the maximisation of re-use?

· Can the information only be made available if charging is allowed?

· Will charging for re-use be in the public interest?

· Was the information launched on the market by a private sector agent or publisher following a competitive tendering exercise?

Tests on Business

· Is there accounting separation between upstream and downstream(1) activities?

· Is there transparency of development costs and licensing fees?

The Process

OPSI has responsibility for Crown Copyright and also issues Delegations of Authority to departments. As such, OPSI will make the decision on whether or not a body can charge more than marginal cost for re-use. The process is as follows:

1.    Application If a Government Department or Agency wishes to charge for re-use it must apply to OPSI to be allowed to do so. The application should include details of the information and the product and also details of the proposed business model, which will include accounting separation, costs and licensing arrangements.

2.    Tests OPSI will consider the application and make a decision as to whether to allow the Department to charge for re-use. We will publish our decision with the reasons.   

3.    Statement of Commitment A department charging for information must sign a commitment to fair trading, which will declare that it has appropriate business models and licences in place, that it will follow the principles of IFTS and that it agrees to be subject to the IFTS verification process.

4.    IFTS OPSI will carry out rigorous tests under the Information Fair Trader Scheme to verify the commitment and to ensure that the department continues to meet the tests.

OPSI’s Role in Licensing

OPSI’s role in the management of the licensing of Crown copyright material is evolving. Previously, OPSI licensed both core and value added content on behalf of Government Departments. Now that OPSI is responsible for approving whether particular information from government is charged for, OPSI will cease to license any content that involves payments.  Departments and agencies that satisfy the charging tests will be given the authority to license the information itself.  This will be subject to compliance with the Information Fair Trader Scheme (IFTS) and OPSI verification that IFTS principles have been met. 

Information Fair Trader Scheme

All licensing of government content that involves payments will be regulated under the enhanced version of the IFTS which was introduced on 1 April 2009.  Updating the existing principles of openness, transparency, fairness, challenge and compliance, rigorous principles of maximisation, simplicity and innovation have been introduced.  These will raise standards by requiring public sector bodies to demonstrate a more proactive and user responsive approach to provision and licensing of their content.  Information on the enhanced IFTS can be found here.

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1) Rufus Pollock, in  The Economics of Public Sector Information, offers the following definitions to upstream and downstream:

Upstream: if it cannot be substituted directly from other sources.

Downstream: if it could be provided by another organisation should that organisation have access to the relevant upstream information.

UK Annual Report on the Re-use of Public Sector Information is published

The United Kingdom Annual Report on the Re-use of Public Sector Information 2009 was published on 20 July 2009.

 

The Report tracks the progress that has been made in the UK since the UK implementation of the European Directive on the Re-use of Public Sector Information (PSI) in 2005. It particularly highlights the progress made over the past twelve months. Publication coincides with the European Commission’s recent review of the implementation of the Directive.

 

The European Commission has praised the UK for its commitment to the PSI agenda. The UK continues to be seen as an exemplar and leader in PSI across Europe sharing best practice and establishing good working relationships with other member states.

 

The Report can be downloaded at www.opsi.gov.uk/advice/psi-regulations/uk-report-reuse-psi-2009.pdf.

French delegation visit OPSI

A French delegation visited OPSI on 24 June to investigate the development of public sector information policy and the roles of organisations in the UK.  This was in support of the French government’s announcement last October of a National Plan for Digital Economy, “France Digital 2012”.  OPSI highlighted Linked Data as an important strategy for making information available and facilitating innovation.  The group also discussed financial models and the benefits of marginal cost pricing.

OPSI’s new licensing model – taking the licensing of government content to the next level

The Government’s response to the Power of Information Taskforce’s recommendation 8 stated that OPSI was developing a new licence model, building on the success of the Click-Use Licence.  We thought it would be good to post our initial thoughts about what the new licence terms could look like here on our blog for your comments. 

The key characteristics of the new licence model are:

• Re-users will not need to register and apply for a licence like they do now with the Click-Use Licence;
• The new licence terms are compatible with other standard licences such a Creative Commons and GNU GPL;
• The range of information covered by the PSI Click-Use Licence is also covered by the new licence.  The licence will also cover information that was formerly covered by Crown copyright waiver conditions, such as legislation and government press notices;
• Initially, the licence will only cover information produced by central government departments – information that is Crown copyright.  However, we expect that in time it will also cover information produced by a wider range of public sector organisations, such as local government and the health service;
• Some government departments already manage the licensing of information that they produce themselves.  This includes government trading funds such as Ordnance Survey, the Met Office and UKHO.  This information will not be covered by the new licence so re-users will still need to apply to directly to these departments for a separate licence.
• The new licence will be made available on the OPSI website;
• The licence terms cover re-use only and not the supply of information and data.  Re-users will still be responsible for obtaining the information they want to re-use, for example by downloading it from a government website; purchasing it from a bookshop; or by obtaining it under Freedom of Information;
• Government departments and others will identify what information can be re-used under the new licence terms;

So, here are the terms, let us know what you think:

Terms and conditions

Purpose

This licence explains how you may re-use a wide range of public sector information and what conditions apply.  Under this licence the term information means any content, including any part of such content, whether in writing or stored in electronic form or as a sound, visual or audio-visual recording, other than computer programs and software.

What you can do

1. You can copy, publish, translate into other languages, adapt, mash and convert to Braille and other formats for people who are visually impaired.

What information is covered

2. All Crown copyright information can be re-used under this licence apart from the specific exemptions listed below.

3. Information produced by other public sector organisations as listed at [link to be inserted].

What information is not covered

4.  Crown copyright information produced by government departments and trading funds that are responsible for licensing the re-use of the information they commission or produce.  Details of these organisations can be found at [link to be inserted]

5.  Information where re-use is not permitted for policy reasons, for example the HSE Health and Safety Law poster.

6.  Information that is exempt under Freedom of Information legislation and the Environmental Information Regulations.

7.  Personal information about named individuals.

8.  Official imprints, public sector organisation logos, badges, crests and insignia of the armed forces.  This includes the Royal Arms unless they form an integral part of the information that you are re-using.

Your obligations

9.  You must:

• Re-use the information accurately
• Acknowledge the copyright and the source of the information, for example the title of a report and the name of the department that issued it.
• Not re-use the information in a deliberately misleading way.
• Not re-use the information for promotional or advertising purposes; not to imply endorsement by a government department or other public sector organisation.
• Not mimic the style and appearance of the original information, for example by replicating the look and feel of a published document or a departmental website.

Disclaimer

Your use of the information covered by this licence is entirely at your own risk.  OPSI makes no warranty, representation or guarantee that the information is error free.

Governing law

This licence is made under the laws of England and Wales and comes under the exclusive jurisdiction of the courts of England and Wales.

Crown copyright user testing

One of the key findings of the Power of Information Taskforce is that Crown copyright needs to be easier for people to understand. With recommendation 12 of their report the taskforce called on OPSI to “begin a communications campaign to re-present and improve understanding of the permissive aspects of Crown Copyright along the lines of creative commons by end June 2009”. In particular we were asked to give consideration to the use of symbols and other visual ways of representing re-use conditions. The idea of a “Crown Commons” brand was also mooted in discussion on the draft report as the government equivalent to creative commons.

So, we wanted to better understand what we are up against. Are we inadvertently deterring people from re-using government information? What do people really understand about copyright and Crown copyright more specifically? Do symbols help? Can we just switch to using creative commons licences and everyone will magically understand?

To come up with some answers we commissioned a piece of user testing. If you took part in the online survey we did for this project a couple of months ago, thank you for your time and effort. We’re publishing the results here in full, so people with an interest in the topic can read what we learnt and comment on the results. We were staggered to have almost 1,500 survey responses. There are certainly some startling conclusions – such as the comparative softening effect adding the word “Crown” has on the word “copyright”. We were also surprised about people’s understanding of creative commons and the usefulness of the iconography.

Anyway here are the results:

• Crown copyright user testing (PDF - 1224K)
• Crown copyright user testing (ODP - 2682K)
• Crown copyright user testing (PPS - 3040k)