Thanks for this Tom, as far as I can see your statement (which I think is what 
I understood to be the case previously) slightly conflicts with the sentence 
ref'd by '8' here 
https://en.wikipedia.org/w/index.php?title=Open_Government_Licence#Applicability
 at least, in tone.

You're saying Crown Copyright materials are OGL unless expressly stated 
otherwise, or falling into one of the excluded types (third party, personal 
data, etc.).  The article currently, and as Fae I think is suggesting, 
indicates that OGL must be expressly applied. (Sorry if I'm misreading you Fae, 
it is of course possible to be "optional" in the sense that one may "opt out"). 
  

If that's right, I'm not sure how to change the text of the article, I'll of 
course have a think but perhaps someone else has ideas.

Best
Simon

-----Original Message-----
From: [email protected] 
[mailto:[email protected]] On Behalf Of Tom Morris
Sent: 02 January 2014 16:23
To: [email protected]
Subject: Re: [Wikimediauk-l] Open Gov + CC = a marriage of convenience?

The Open Government License is itself just a license. It is basically CC BY 
with a few modifications: it deals with EU database rights (which previous 
versions of CC didn't) and includes pre-baked conditions on what it doesn't 
apply to just in case the government accidentally release a whole load of stuff 
and fail to do due diligence on what it contains.

The important bit of the OGL isn't the license itself but the Public Sector 
Information (PSI) licensing framework which requires works that are eligible 
for Crown Copyright produced by or on behalf of central government to licensed 
under the OGL. This applies regardless of whether the work is actually licensed 
as such.

I don't know whether the Welsh and Scottish governments have done similarly to 
HM Government. That's a matter that should really be raised with the local 
equivalents of the Cabinet Office.

I've dealt with a lot of OGL-related issues on Commons, and in the process of 
one DR consulted with the Department for Culture, Media and Sport. You can see 
the DRs here (and the first one has an OTRS ticket for my contact with the 
government lawyers):

https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Olympic_mascots.jpg

https://commons.wikimedia.org/wiki/Commons:Deletion_requests/File:Canoe_Slalom_-_Kynan_Maley.jpg

There's a page on Meta that I created a while back to track use of OGL material 
and document the issues around it (as well as point to templates/categories on 
sites like Commons and Wikisource).

https://meta.wikimedia.org/wiki/Open_Government_Licence

The other thing to consider is that OGL licensing applies on top of other 
license. If the government have released an image on Flickr as something like 
CC BY-ND, you can use the image under that license (although not on Wikimedia, 
obviously). But it's also Crown Copyright, and if it is a work of central 
government, OGL applies AS WELL AS CC BY-ND. In the above deletion requests, 
we've had issues where people have said "Yeah, but it's CC-BY-ND" because 
that's what it says on Flickr.

Another caveat is that the proceedings of Parliament are not covered by the 
OGL. They are instead covered by the Open Parliamentary Licence. And the 
proceedings of the Scottish Parliament are covered by the Open Scottish 
Parliamentary Licence. The OPL is basically the same as the OGL but with the 
word "Parliament" instead of "Government". The Scottish one is the same except 
it contains references to the appropriate Scottish legislation and institutions.

I know a fair bit about this stuff because back in 2011, I worked for a 
government-sponsored technology non-profit that existed precisely because of 
OGL/PSI. The government could do a much better job of making this stuff clear. 
(It'd help also if Flickr let accredited UK Gov agencies apply OGL on images.)

--
Tom Morris
<http://tommorris.org/>

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