Crown Copyright Explained: Duration, OGL Reuse, and Infringement

Crown copyright is the United Kingdom government’s automatic ownership of any literary, dramatic, musical, or artistic work produced by its officers or employees in the course of their duties. It arises under section 163 of the Copyright, Designs and Patents Act 1988, which makes the Monarch the first owner of copyright in those works.1WIPO Lex. Copyright, Designs and Patents Act 1988 – Crown and Parliamentary Copyright In practice, most Crown-copyrighted material can be reused freely under the Open Government Licence, but the duration rules, the exemptions, and the difference from other regimes decide whether a particular reuse is actually safe.

What Crown Copyright Covers

The range is broad. It includes Acts of Parliament, statutory instruments, government reports, official press releases, Ordnance Survey maps, judicial proceedings, and scientific research produced by government agencies. Any qualifying work made by someone employed by the Crown as part of their job is caught from the moment of creation, with no registration or formality required.2The National Archives. Crown Copyright

The “in the course of their duties” qualifier does real work. A civil servant who writes a novel at weekends keeps those rights. A policy analyst drafting a white paper, a government scientist publishing findings, or a cartographer working for Ordnance Survey does not.

Legislation trips people up. Acts of Parliament and statutory instruments are Crown copyright, but the government permits free reproduction through the Open Government Licence. The protection still exists in law; the government simply chooses not to restrict access to the texts that govern the country.

Who Owns Crown Copyright

Section 163 makes the Monarch the first owner.3Legislation.gov.uk. Copyright, Designs and Patents Act 1988 – Crown and Parliamentary Copyright Day-to-day management sits with the Controller of His Majesty’s Stationery Office, who acts as King’s Printer and handles licensing.4UK Parliament. Crown Copyright – An Overview for Government Departments Individual departments do not hold copyright in their own names; they manage it on the Crown’s behalf through that centralised structure.

Crown copyright is not the same as Parliamentary copyright. Under section 165, each House of Parliament owns the copyright in its own works, and where both Houses contribute, they are joint first owners.5Legislation.gov.uk. Copyright, Designs and Patents Act 1988 – Section 165 Parliamentary Copyright Hansard, committee reports, and Bills before Parliament sit under that regime, not Crown copyright. Section 163 explicitly does not apply where Parliamentary copyright subsists.3Legislation.gov.uk. Copyright, Designs and Patents Act 1988 – Crown and Parliamentary Copyright

How Long Crown Copyright Lasts

Duration turns on whether and when a work is commercially published. Section 163(3) sets two tracks:6UNODC. Copyright, Designs and Patents Act 1988

  • Unpublished works: copyright lasts 125 years from the end of the calendar year in which the work was created.
  • Works commercially published within 75 years of creation: copyright lasts 50 years from the end of the calendar year of first commercial publication.

The 75-year threshold is the trigger. A government report that sits in an archive for 80 years and is then published does not reset to a 50-year clock; the 125-year term from creation still applies. If the same report is published commercially at year 60, the copyright expires 50 years after that publication date. In most cases the publication track produces the earlier expiry.

Pre-1989 Photographs

Photographs created before 1 August 1989, when the CDPA 1988 came into force, follow transitional rules from the Copyright Act 1956. For Crown photographs taken on or after 1 June 1957, copyright expires 50 years after publication. For those taken before 1 June 1957, it expires 50 years after creation.7The National Archives. Crown Copyright Flowchart Researchers working with wartime and early post-war photographic archives get caught out here, especially where the creation date itself is uncertain.

Reusing Crown Works Under the Open Government Licence

The Open Government Licence version 3.0 is the standard route for reusing most Crown-copyrighted material. It grants a worldwide, royalty-free, perpetual, non-exclusive licence to copy, publish, distribute, transmit, and adapt the information, including for commercial purposes.8The National Archives. Open Government Licence for Public Sector Information No registration or fee is required. The framework is designed with as few restrictions as possible.9The National Archives. UK Government Licensing Framework

Two conditions bind you. First, acknowledge the source. If the information provider specifies an attribution statement, use it. If not, the default wording is: “Contains public sector information licensed under the Open Government Licence v3.0.” Include a link to the licence where possible.8The National Archives. Open Government Licence for Public Sector Information

Second, do not suggest that the government endorses you or your use of the information. Skip the attribution or imply endorsement, and the licence terms state that your rights end automatically.8The National Archives. Open Government Licence for Public Sector Information

What the OGL Does Not Cover

The exemptions list is where most compliance mistakes happen. The OGL does not cover:

  • Personal data contained in the information
  • Unpublished information not released through freedom of information legislation or with the provider’s consent
  • Government logos, crests, and the Royal Arms, unless they form an integral part of a document or dataset
  • Military insignia
  • Third-party rights the information provider is not authorised to license
  • Other intellectual property rights, including patents, trademarks, and design rights
  • Identity documents such as the British Passport8The National Archives. Open Government Licence for Public Sector Information

The third-party exclusion deserves particular attention. Government documents frequently contain content created by outside contractors, consultants, or private organisations: photographs, charts, or data supplied by a commercial firm. The OGL does not give you the right to reuse those elements; you need separate permission from the actual rights holder. There is no reliable visual marker distinguishing Crown-owned content from embedded third-party material, so checking provenance before reuse matters.

The logos exclusion also catches people off guard. You can reproduce a government document that happens to contain a departmental crest, but you cannot extract that crest and use it independently unless it is an integral part of the document you are reproducing in full.

Using Crown Works From Outside the UK

UK Crown copyright is recognised in the United States because both countries are parties to the Berne Convention, which requires member states to protect works made by citizens of other members. The US bar on federal government copyright under 17 U.S.C. ยง 105 applies only to works of the US Government; foreign government works, including Crown copyright material, receive full copyright protection in the US.10Office of the Law Revision Counsel. 17 US Code 105 – Subject Matter of Copyright: United States Government Works An American researcher who assumes UK government reports are freely usable because US federal reports are could face an infringement claim.

Most Crown material is available under the OGL, which anyone in the world can use. The exemptions above still apply, and users outside the UK must comply with the attribution and non-endorsement conditions the same way UK users do.

AI Training and Crown Material

As of 2026, the UK has no broad exception allowing copyrighted works to be used for AI training without permission. The government considered a text and data mining exception and decided against it, leaving the existing copyright framework in place.11GOV.UK. Report on Copyright and Artificial Intelligence

Copying Crown-copyrighted material to train an AI model is therefore a restricted act requiring a licence, just like any other reproduction. The OGL permits adapting and exploiting information commercially, which may cover some AI use cases, but only for material the OGL actually covers. The exemptions above remain off-limits regardless of whether a human or a machine is doing the copying. Anyone building AI systems that ingest UK government data should treat it as copyrighted material requiring OGL compliance at minimum.

How Infringement Is Handled

When someone infringes Crown copyright, the relevant government department typically conducts the initial investigation and must notify The National Archives at the earliest opportunity so enforcement options can be assessed.12The National Archives. Crown Copyright – An Overview for Government Departments Copyright infringement in the UK can be pursued as both a civil and criminal matter, with civil remedies including injunctions, damages or an account of profits, and orders for delivery up or destruction of infringing material. In practice the Crown tends to resolve disputes through licensing negotiations and takedown requests before escalating to litigation.