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Publishing and Copyright Guidance Notes

Reproduction of Press Notices issued by the Scottish Administration

Background

1. In the White Paper, The Future Management of Crown Copyright¹, it was announced that copyright would be waived for certain types of material which are Crown copyright protected.

2. The purpose of this guidance is to describe how the waiver will be applied in relation to press notices issued by the Scottish Administration.

3. Crown copyright subsists in all copyright works produced by officers or servants of the Crown in the course of their duties, in accordance with section 163 of the CDPA 88.

4. In setting out the means by which Crown copyright would be supervised and regulated The Future Management of Crown Copyright refers to the Office of Queen’s Printer for Scotland (QPS) which was established by section 92 of the Scotland Act 1998. The QPS acts on behalf of Her Majesty and exercises Her rights and privileges in connection with any existing or future works made in the exercise of a function which is exercisable by any office holder in, or member of staff of, the Scottish Administration². The QPS was specified a non-ministerial office-holder in the Scottish Administration with effect from 1 July 1999³.

Which Material is Covered?

5. The policy set out in this Guidance Note applies to official press notices and releases issued by the Scottish Administration, most of which will in practice be issued by the Scottish Executive and its agencies. This includes the complete text of press notices, except in those cases where there is a statement contained in the press notice to the effect that the copyright in specific material is not held by the Crown. It also covers the copyright which subsists in the typographical arrangement of press notices. For ease of reference, the term Material as used in this Guidance Note should be taken to mean Crown copyright protected text and typographical arrangement as featured in press notices issued by the Scottish Administration.

6. It should be noted that this guidance does not cover the reproduction of press notices which are issued by public or private sector organisations which do not have Crown status. If in doubt, it is advisable to contact either the issuing organisation or QPS’s Licensing team for clarification and advice.

What is Meant by Waiver?

7.Waiver means that although copyright is asserted, the Scottish Administration wishes to encourage the widespread use of the Material. Users are permitted to copy or publish the Material in any medium without having to seek formal permission or to pay a fee. We do, however, ask that users ensure that:

• the Material is reproduced accurately and not in a way that could confuse or mislead others;
• that the Material is correctly acknowledged (see paragraph 9);
• the Royal Arms are removed when the Material is being republished.

What is Permitted Under the Waiver Conditions?

8. There are no restrictions on how the Material may be reproduced. By way of illustration, users may undertake any of the following activities in relation to the Material:

reproducing and publishing it in any medium. This includes publication as part of a commercial information product;

1. making multiple copies for distribution and sale;
2. making multiple free photocopies for free issue;
3. reproducing the Material for the purposes of news reporting in any medium;
4. publishing on the Internet;
5. downloading the Material from official government websites to screen and printer except where otherwise stated;
6. reproducing the Material on Intranet sites;
7. making single or multiple copies, by photocopying or any other means, for the purposes of private research and private study;
8. the making of single or multiple copies by libraries (by photocopying or any other means) for the supply of copies to readers, subject to the overriding need for prescribed libraries to recoup their costs as set out in S.I. 1989 No. 1212⁴;
9. copying by libraries for the purposes of supplementing or replenishing their stocks;
10. making copies for circulation throughout an organisation whether in the public or private sector;
11. reproduction within the context of seminar or training packs;
12. reproduction within student theses and dissertations;
13. translation into other languages.
14. The above list is by no means exhaustive, but it seeks to illustrate the majority of potential uses of the Material.

Acknowledgments

9. Where the reproduced version of the Material is being published, circulated or issued to others - including Internet and Intranet use - a variation of the following acknowledgement should be featured in a prominent position: Crown copyright material is reproduced with the permission of the Queen’s Printer for Scotland.

Third Party Copyrights

10. Users should be careful when reproducing Material contained in commercial products or which is featured on non-Crown websites, that inadvertently they do not infringe third party copyrights. If in doubt, contact QPS’s Licensing team.

Other Issues

11. This Guidance Note does not affect existing arrangements between the Scottish Administration and users involving the regular supply of press releases which may involve the payment of a subscription or fee for such a service.

CAROL TULLO
Queen’s Printer for Scotland

Footnotes

¹ Cm 4300 published 26 March 1999. The full text of this publication can be accessed at www.opsi.gov.uk/advice/crown-copyright/future-management-of-crown-copyright.pdf or is available from The Stationery Office Ltd. Price £9.50

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² See See Scotland Act 1998, s.92 for a full definition of the functions of the QPS. Under section 92(5), the Queen’s Printer holds the office of QPS.

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³ The Scottish Administration (Offices) Order 1999, S.I. 1999/1127.

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⁴ The Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989

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