License fees for orphan works

The request was partially successful.

Dear Intellectual Property Office,

Please provide the following information.

The IPO (strictly, the Comptroller) sets license fees for orphaned copyright works under Regulation 10 of The Copyright and Rights in Performances (Licensing of Orphan Works) Regulations 2014. Please provide a list of these license fees (preferably in some convenient form, such as an excel spreadsheet).

I am aware that each use has a separate license fee and that each individual licence can be queried through the online application form; however, I would like to see the fees for every use (and how each fee is calculated) rather than getting an individual answer for each set of circumstances for each use.

For example, I am aware that, for commercial licencing of photographs, selling 100 copies at £50 each would lead to a £500 royalty, and from varying the figures it seems that the license fee for each case is set at 10% of the total selling price. For this particular use, I would want to know that the fee in this case is set at 10% of the total selling price. Likewise, for each other use I would want to know how the fee is determined.

Yours faithfully,

D Harris

foi, Intellectual Property Office

4 Attachments

Dear Mr Harris,

Thank you for your information request.  It will be dealt with under the
terms of the Freedom of Information Act and we will reply as soon as
possible within twenty working days.

Regards,

Alison Smith | Information Rights Manager

Intellectual Property Office | Concept House | Cardiff Road | Newport |
South Wales | NP10 8QQ | [1]www.gov.uk/ipo

Tel: +44 (0)1633 814587 | Email: [2][Intellectual Property Office request
email]

Making life better by supporting UK creativity and innovation

[3][IMG] [4][IMG] [5][IMG] 

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OrphanworksLicensing, Intellectual Property Office

5 Attachments

Dear D Harris,

Please find attached a response to your FOI request on orphan works
pricing.

Kind regards,

cid:image007.png@01D00343.AAB4EB60

Margaret Haig | Head of Copyright Operations

Intellectual Property Office | 1^st Floor | 4 Abbey Orchard Street |
London | SW1P 2HT | [1]www.gov.uk/ipo

Tel: 0300 300 2000 | Email: [2][email address]  

Making life better by supporting UK creativity and innovation

[3]cid:image004.png@01D0033F.257211C0[4]cid:image005.png@01D0033F.257211C0 [5]cid:image006.png@01D0033F.257211C0 

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Dear Intellectual Property Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Intellectual Property Office's handling of my FOI request 'License fees for orphan works'.

In your refusal to provide the information, you rely on Section 21 FOIA (that the information is reasonable accessible to me already) and Section 43(2) FOIA (that releasing the information would prejudice commercial interests).

In respect of the former objection, you note that it is possible to question the pricing calculator in the application process on your website. However, as I explained, that only gives you the information for a particular set of circumstances. Whilst it would be possible to provide a brute force search of every set of circumstances through the calculator, that is hardly a reasonable method of access, given the IPO presumably has or very easily could provide the underlying calculations.

I would also note that Section 21(3) FOIA says that the exemption does not apply if the information is held by the authority in question (here, the IPO) unless the authority's publication scheme is followed. If you wish to rely on this exemption, please provide a copy of the publication scheme and explain why you believe that it has been followed.

As far as the objection that disclosing the underlying calculations would affect commercial interests, this would appear to contradict the Office's previous point. As the Office points out, the data is available, even if inconveniently, through the pricing calculator. I fail to see what interests would be affected by the disclosure of the underlying calculations given that it would seem to be possible to work out the underlying calculations by submitting many queries to the pricing calculator.

In any case, I cannot see what commercial interests could outweigh the publication of a set of licence fees set by the Comptroller pursuant to statute. The public should be able to determine what their legal rights and obligations are in an open manner.

I would therefore ask that you reconsider your refusal and provide the information requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,

D Harris

foi, Intellectual Property Office

Dear Mr Harris,

Thank you for your request for review. The IPO will aim to complete the
review by 22 June 2018. Meanwhile you are welcome to contact me if you
have any further queries or comments to make regarding this matter.

Regards,

Alison Smith | Information Rights Manager

Intellectual Property Office | Concept House | Cardiff Road | Newport |
South Wales | NP10 8QQ | [1]www.gov.uk/ipo

Tel: +44 (0)1633 814587 | Email: [2][Intellectual Property Office request
email]

Making life better by supporting UK creativity and innovation

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Alison Smith, Intellectual Property Office

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Dear Mr Harris,

Please see the attached response to your request for review.

Regards,

Alison Smith | Information Rights Manager

Intellectual Property Office | Concept House | Cardiff Road | Newport |
South Wales | NP10 8QQ | [1]www.gov.uk/ipo

Tel: +44 (0)1633 814587 | Email: [2][Intellectual Property Office request
email]

Making life better by supporting UK creativity and innovation

From: foi
Sent: 01 June 2018 15:48
To: D Harris <[FOI #482532 email]>
Cc: foi <[Intellectual Property Office request email]>
Subject: RE: Internal review of Freedom of Information request - License
fees for orphan works

Dear Mr Harris,

Thank you for your request for review. The IPO will aim to complete the
review by 22 June 2018. Meanwhile you are welcome to contact me if you
have any further queries or comments to make regarding this matter.

Regards,

Alison Smith | Information Rights Manager

Intellectual Property Office | Concept House | Cardiff Road | Newport |
South Wales | NP10 8QQ | [3]www.gov.uk/ipo

Tel: +44 (0)1633 814587 | Email: [4][Intellectual Property Office request
email]

Making life better by supporting UK creativity and innovation

show quoted sections