:''See
Template:Non-free Parliamentary copyright for Wikipedia's image licensing tag.''
Parliamentary copyright is a form of
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
in works made by either of the two Houses of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
: the
House of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
or the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
. It also applies to Bills proposed in either House and to the devolved legislatures in the United Kingdom: the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
,
Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = 7th Northern Ireland Assembly, Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameralism, Unicameral
, hou ...
or
Senedd Cymru – the Welsh Parliament.
History
Parliamentary copyright was first created in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
by the
Copyright, Designs and Patents Act 1988
The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law ( ...
. Prior to this legislation being passed, what is now covered by Parliamentary
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
was
Crown copyright. Parliamentary works produced prior to 1 August 1989 are therefore Crown, rather than Parliamentary, copyright.
Application
Parliamentary copyright applies where a work is made "by or under the direction or control of the House of Commons or the House of Lords". Where Parliamentary copyright applies, the work qualifies for copyright protection even though the usual requirements relating to qualifications for copyright protection may not apply. The House by whom, or under whose direction or control, the work is made is the first owner of any copyright in the work, and if the work is made by or under the direction or control of both Houses, the two Houses are joint first owners of copyright.
Copyright in such a work is referred to in this Part as “Parliamentary copyright”, notwithstanding that it may be, or have been, assigned to another person. Parliamentary copyright in a literary, dramatic, musical or artistic work lasts for 50 years from the end of the calendar year in which the work was made.
"Works made by or under the direction or control of the House of Commons or the House of Lords" includes work made by an officer or employee of that House in the course of his duties, and any sound recording, film or live broadcast of the proceedings of that House, but a work is not regarded as made "by or under the direction or control" of either House simply because it has been commissioned by or on behalf of that House. In the case of a work of joint authorship where Parliamentary copyright applies, Parliamentary copyright only extends to the portion that it applies to and not the whole work.
For the purposes of holding and enforcing copyright, the two Houses of Parliament, which otherwise only exist during the lifetime of a Parliament (and not during a
dissolution
Dissolution may refer to:
Arts and entertainment Books
* ''Dissolution'' (''Forgotten Realms'' novel), a 2002 fantasy novel by Richard Lee Byers
* ''Dissolution'' (Sansom novel), a 2003 historical novel by C. J. Sansom Music
* Dissolution, in mu ...
or
prorogation
Prorogation in the Westminster system of government is the action of proroguing, or interrupting, a parliament, or the discontinuance of meetings for a given period of time, without a dissolution of parliament. The term is also used for the period ...
) are treated as having the legal capacities of a body corporate. The copyrights created by the Act are enforceable by and in the name of the
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings.
Systems that have such a position include:
* Speaker of ...
, or the
Clerk of the Parliaments
The Clerk of the Parliaments is the chief Clerk (legislature), clerk of the House of Lords in the Parliament of the United Kingdom. The position has existed since at least 1315, and duties include preparing the minutes of Lords proceedings, advi ...
in respect of the House of Lords.
Legislation
Bills in the Parliament of the United Kingdom
Copyright in Bills introduced into Parliament belongs to one or both of the Houses of Parliament. A Bill is normally introduced into one of the two Houses first, and once it is approved by one it goes to the other.
Copyright in
public Bills
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. This is unlike a private bill which is a proposal for a law affecting only a single p ...
belongs to the House into which the Bill is introduced, and if it is passed by that House, it is then shared by both Houses jointly. The copyright starts from the time when the text of the Bill is handed in to the House in which it is introduced. Copyright in
private Bills
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. This is unlike a private bill which is a proposal for a law affecting only a single p ...
belongs to both Houses jointly and starts from the time when a copy of the Bill is first deposited in either House. Copyright in a
personal Bill belongs in the first instance to the House of Lords, and if it is passed by that House, it is then shared by both Houses jointly. This copyright only starts when the Bill has
First Reading
A reading of a bill is a stage of debate on the bill held by a general body of a legislature.
In the Westminster system, developed in the United Kingdom, there are generally three readings of a bill as it passes through the stages of becoming, ...
in the House of Lords.
This form of Parliamentary copyright ceases when a Bill is granted Royal Assent, or if the Bill does not receive Royal Assent, on the withdrawal or rejection of the Bill or the end of the
Session. However, copyright in a Bill continues even if rejected by the House of Lords if, by virtue of the
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Act of Parliament, Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be St ...
, it remains possible for it to be presented for Royal Assent in that Session. Once Parliamentary copyright starts to apply in relation to a Bill, it removes any other form of copyright which might have applied.
Bills in other legislatures
The same principles apply in respect of Bills introduced into the
Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
,
Northern Ireland Assembly
sco-ulster, Norlin Airlan Assemblie
, legislature = 7th Northern Ireland Assembly, Seventh Assembly
, coa_pic = File:NI_Assembly.svg
, coa_res = 250px
, house_type = Unicameralism, Unicameral
, hou ...
or the
Senedd Cymru – Welsh Parliament
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gove ...
,
from the point a Bill is introduced until it is either given Royal Assent, or withdrawn or rejected. In these cases, the copyright belongs to the corporate body of the respective legislature: the
Scottish Parliamentary Corporate Body
The Scottish Parliamentary Corporate Body (SPCB) is a body of the Scottish Parliament responsible for the administration of the parliament. It also has a role in provision of services to commissioners and other statutory appointments made by the ...
, the
Northern Ireland Assembly Commission
The Northern Ireland Assembly Commission (usually referred to as the Assembly Commission) is the corporate body of the Northern Ireland Assembly. The commission is headed by the Speaker of the Northern Ireland Assembly, currently Alex Maskey MLA ...
or the
Senedd Commission
The Senedd Commission () is the corporate body for the Senedd of Wales. The Commission is responsible for ensuring the property, staff and services are provided for the Senedd. The Commission consists of the Presiding Officer and four Members ...
.
Acts
When a Bill (of the Parliament of the United Kingdom, or one of the devolved legislatures) is given
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
by the
Queen
Queen or QUEEN may refer to:
Monarchy
* Queen regnant, a female monarch of a Kingdom
** List of queens regnant
* Queen consort, the wife of a reigning king
* Queen dowager, the widow of a king
* Queen mother, a queen dowager who is the mother ...
, it becomes an Act. Royal Assent is also given to
Church of England Measures
__NOTOC__
This is a list of Church of England Measures, which are the legislation of the Church of England. Some of these measures may have been repealed. Since 1970, Measures have been made by the General Synod; prior to then they were made by i ...
. Parliamentary copyright ends on Royal Assent and instead
Crown copyright commences for a period of 50 years, to the exclusion of any other form of copyright.
Open Parliament Licence
Parliament operates an "Open Parliament Licence", similar to the
Open Government Licence
The Open Government Licence is a copyright licence for Crown copyright works published by the UK government. Other UK public sector bodies may apply it to their publications. It was developed and is maintained by The National Archives. It is co ...
.
This permits the copying, publication, distribution, transition, adaptation and commercial and non-commercial exploitation of some information to which Parliamentary copyright applies.
Terms
In order to use this licence, the user must acknowledge the source of the information by including an attribution statement and, where possible, provide a link to the licence.
The licence does not cover the use of:
*personal data;
*information that has neither been published nor disclosed under information access legislation (including the Freedom of Information Acts for the UK and Scotland) by or with the consent of Parliament;
*the
Royal Arms and the
Crowned Portcullis
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
;
*third party rights that Parliament is not authorised to license; or
*information subject to other intellectual property rights, including patents, trademarks, and design rights.
This licence does not grant the right to use the information in a way that suggests any official status or that Parliament endorses the user or their use of the information.
Other restrictions
There are additional (in some cases, non-copyright) restrictions that apply to some materials related to Parliamentary affairs:
*The
Crowned Portcullis
The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...
*Images featured on Art in Parliament
*The Parliamentary Archives
*Parliamentary photographic images
*Live and archive video or audio broadcasts
Non-commercial use of content from parliamentlive.tv is permitted under the separate "Downloading and Sharing Terms and Conditions" of the Parliamentary Recording Unit.
See also
*
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
*
Crown copyright
References
External links
Copyright, Designs and Patents Act 1988UK Parliament - Parliamentary copyright
{{OPL-attributio
Open Parliament Licence}
United Kingdom copyright law
Parliament of the United Kingdom