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1006667

registered interest
date	13/11/2018
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Museums and Galleries: Copyright
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Ashton of Hyde on 12 November (HL11086), which stated that "Complaints about charges for re-use by museums and galleries may be referred to the Information Commissioner for a binding decision”, whether this is consistent with the Information Commissioner’s Office (ICO)’s Guide to RPSI, which states that it “can issue a decision notice, unless the complaint concerns charges above marginal cost, in which case we make a non-binding recommendation”, and the ICO’s Decision Notice FS50619465 of 4 April 2017, which states that it can “only make recommendations in respect of any charges levied under the RPSI.
tabling member printed	Lord Freyberg
uin	HL11447
answer	answer is ministerial correction date of answer 26/11/2018 answer text <p>The Information Commissioner’s (ICO) guidance summarises the general issue of charging for re-use, but does not go into specific details beyond this.</p><p> </p><p>Regulation 19 of RPSI states that in the case of bodies subject to regulations 15 (3) (a) or (b), complaints about re-use charges are subject to recommendation only by the Information Commissioner and appeals against recommendations can lead to a binding decision at tribunal.</p><p> </p><p>Museums and galleries’ charging falls under regulation 15 (3) (c), meaning that the usual redress route of a binding decision by the Information Commissioner applies.</p><p> </p><p>The ICO have confirmed they will be updating their guidance to make this clear.</p> answering member printed Lord Ashton of Hyde question first answered 26/11/2018 12:11:06 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

989329

registered interest
date	16/10/2018
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Museums and Galleries: Copyright
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Ashton of Hyde on 15 October (HL10413), whether they will encourage all museums and galleries to publish annually their net operating costs in relation to income generation from image licensing to assure the public that, “the total income for the accounting period must not exceed the cost of collection, production, reproduction, dissemination, preservation and rights clearance of the information, together with a reasonable return on investment”, as stated in the Guidance on the implementation of the Re-use of Public Sector Information Regulations 2015.
tabling member printed	Lord Freyberg
uin	HL10723
answer	answer is ministerial correction date of answer 29/10/2018 answer text <p>As arm’s length bodies, DCMS-sponsored museums determine their own operational matters, including the decision to charge fees for re-use of images of items in their collection. It is not appropriate for my department to intervene in these matters. It is for each accounting officer to ensure that their organisation follows what is set out in the Re-use of Public Sector Information Regulations 2015 and publish information accordingly. The complaints mechanism is available in the Regulations to be used if any re-user feels that the Regulations are not being followed. The Information Commissioner’s Office (ICO) is responsible for compliance and notices are also a matter for the ICO in the context of any particular complaint considered by it.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL10724 HL10725 HL10726 HL10727 question first answered 29/10/2018 11:48:52 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg

989330

registered interest
date	16/10/2018
answering body	Department for Digital, Culture, Media and Sport
answering dept id	10
answering dept short name	Digital, Culture, Media and Sport
answering dept sort name	Digital, Culture, Media and Sport
hansard heading	Museums and Galleries: Copyright
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Ashton of Hyde on 15 October (HL10413), what advice, if any, they plan to give museums and galleries who regularly fail to monitor and apply the standard cost of capital in relation to income generation from image licensing as set out in the Guidance on the implementation of the Re-use of Public Sector Information Regulations 2015.
tabling member printed	Lord Freyberg
uin	HL10724
answer	answer is ministerial correction date of answer 29/10/2018 answer text <p>As arm’s length bodies, DCMS-sponsored museums determine their own operational matters, including the decision to charge fees for re-use of images of items in their collection. It is not appropriate for my department to intervene in these matters. It is for each accounting officer to ensure that their organisation follows what is set out in the Re-use of Public Sector Information Regulations 2015 and publish information accordingly. The complaints mechanism is available in the Regulations to be used if any re-user feels that the Regulations are not being followed. The Information Commissioner’s Office (ICO) is responsible for compliance and notices are also a matter for the ICO in the context of any particular complaint considered by it.</p> answering member printed Lord Ashton of Hyde grouped question UIN HL10723 HL10725 HL10726 HL10727 question first answered 29/10/2018 11:48:52 answering member 4247 label Biography information for Lord Ashton of Hyde
tabling member	2593 label Biography information for Lord Freyberg