OIREACHTAS (OPEN DATA) PSI LICENCE:
Licence incorporating the Creative Commons Attribution 4.0 International License for the re-use of Public Sector Information pursuant to the European Communities (Re -Use of Public Sector Information) Regulations 2005 to 2015 (SIs 279/2005, 103/2008, and 525 of 2015)
WHEREAS :
A. Article 1 of Directive 2003/98/EC as amended by Directive 2013/37/EU delineates the documents (as the term “ document ” is defined by those Directives) to which Directive 2003/98/EC as amended applies, and various documents of that description are held by the following public sector bodies or one or more of them:
(1) The Houses of the Oireachtas or one or other of them;
(2) The Houses of the Oireachtas Commission;
(3) The Houses of the Oireachtas Service
B. For ease of reference only, and without providing an exhaustive description or limiting the Directives or Regulations in any way, the following are indicative of documents to which the Directives and Regulations do not apply:
(1) Documents or parts of documents re -use of which is restricted to give effect to a person’s entitlement to have his or her personal data protected;
(2) Documents or parts of documents constituting “ exempt records ” for the purposes of the Freedom of Information Act 2014;
(3) Parts of documents containing only logos, crests and insignia, such as the official harp and other State emblems of Ireland;
(4) Documents or parts of documents held by a public sector body for the fulfilment of a public sector broadcasting remit;
(5) Rights enjoyed by third persons which the Licensor is not authorized to license;
(6) Information subject to other intellectual property rights, including patents, trademarks, and design rights.
THE LICENSOR AND LICENSEE AGREE AS FOLLOWS:
1. Interpretation
1.1. These words and phrases have the following meanings in this Licence:
“Broadcast Proceedings”: Any recording in sound, vision, or sound and vision, of the proceedings of either House of the Oireachtas or both Houses, or of a committee of one House or both of them, that is subject to Dáil Standing Order 139, Seanad Standing Order 97, or any amendment or replacement for either or both those Standing Orders, including any reproduction of that recording or excerpt from it (whether or not constituting or with a view to achieving a moving image);
“Directives”: Directive 2003/98/EC and Directive 2013/37/EU;
“Other Terms”: Terms of this Licence that are part of this Licence other than because of Paragraph 3.1;
“Recitals”: This Licence from the word “ Whereas ” to, where they appear at the close of Recital B, the words “ and design rights ”, inclusive ;
“Regulations”: The European Communities (Re-Use of Public Sector Information) Regulations 2005 (SI 279 of 2005), as amended by the European Communities (Re -Use of Public Sector Information) (Amendment) Regulations 2008 (SI 103 of 2008), and the European Communities (Re -Use of Public Sector Information) (Amendment) Regulations 2015 (SI 525 of 2015):
and the term “Licensee” has the same meaning as “You” in the Creative Commons Attribution 4.0 International License.
1.2. It is intended that this Licence and the Creative Commons Attribution 4.0 International License as incorporated into this Licence must be construed in harmony with each other and with the Directives and Regulations. Therefore, unless the context requires otherwise:
(1) If a word or phrase is used both in the Creative Commons Attribution 4.0 International License and in the Other Terms, that word or phrase means the same in the Other Terms as it does in the Creative Commons Attribution 4.0 International License ;
(2) If a word or phrase is used, on the one hand, in both the Creative Commons Attribution 4.0 International License and the Other Terms, and on the other hand, in either the Directives or Regulations or both, then that word or phrase in the Creative Commons Attribution 4.0 International License and the Other Terms means the same as it does in the Directives or Regulations or both; and
(3) Should, as between the Directives, the Regulations, the Creative Commons Attribution 4.0 International License, and the Other Terms, some unavoidable inconsistency or disharmony be discerned as between those instruments, they are intended to take effect in this order of priority:
(a) the Directives;
(b) the Regulations;
(c) the Creative Commons Attribution 4.0 International License; and
(d) the Other Terms.
1.3. In the Other Terms :
(1) Any reference to any statute or statutory provision must be construed as referring to that statute or statutory provision as it may be from time to time amended, modified, extended, re-enacted or replaced (whether before or after the creation of this Licence) and including all subordinate legislation from time to time made under it; and
(2) Unless the context requires otherwise, words importing the singular number include the plural and vice versa, and words importing any particular gender include any other gender .
2. Documents covered by this Licence
2.1 This Licence only covers a document (as defined in the Directives and Regulations) to which the Directives and Regulations apply and which is not excluded by the terms of this Licence.
2.2 This Licence does not cover documents constituting Broadcast Proceedings as defined in Paragraph 1.1 (including, but not limited to, the release of those Proceedings on the Internet by means of the World -Wide -Web) .
3. Permission to re -use Documents and applicable Conditions.
3.1 The terms on which the Licensee may re-use documents covered by this Licence are those set out in the Creative Commons Attribution 4.0 International License http://creativecommons.org/lic enses/by/4.0/legalcode. The terms of the Creative Commons Attribution 4.0 International License are to be treated as if they were written out in full as part of this Licence, and all those terms form part of the contract established by this Licence.
3.2 Without limiting the Licensee’s other duties under Section 3(a)(1)(A) of the Creative Commons Attribution 4.0 International License, the Licensee must:
(1) identify the Houses of the Oireachtas or other Licensor as creator of the Licensed Material;
(2) retain the Houses’ or other Licensor’s copyright notice;
(3) retain a reference to this Licence (a copy of which may be obtained at http://www.oireachtas.ie/parliament/about/copyrightandre-use/) as the notice contemplated by Section 3(a)(1)(A)(iii) that refers to the Creative Commons Attribution 4.0 International License; and
(4) retain any notice supplied by the Houses or other Licensor with the Licensed Material referring, as contemplated by Section 3(a)(1)(A)(iii) of the Creative Commons Attribution 4.0 International License, to the disclaimer of warranties.
4. General
4.1 Where the Licensee needs to refer to this Licence, for example, in accordance with Paragraph 3.2(3), the Licensee may refer to the Licence as the “Oireachtas (Public Sector Information – Open Data) Licence”.
4.2 The Recitals to this Licence are incorporated into this Licence and form part of its terms.
4.3 The Licensee, by availing of this Licence in respect of a document covered by the Licence, is treated, without any further formality, as having made an application pursuant to Regulation 5 of the European Communities (Re-Use of Public Sector Information) Regulations 2005 (SI 279 of 2005) as amended for the release of that document for re-use and as having had that application granted.
4.4 Nothing in this Licence prevents the Licensor from:
(1) publishing a list of all licences granted under the Regulations together with details of the licensees and documents so licensed;
(2) lawfully re-using a document under the Copyright and Related Rights Act 2000.
4.5 This Licence does not transfer any property rights to the Licensee, and the Licensee acknowledges that he or she does not acquire any right, title or interest (including without limitation copyright or other right in the nature of copyright or any other intellectual property right) in the document.
4.6 The failure to enforce at any time or for any period any one or more of the terms or conditions of this Licence is not to be construed as a waiver of them or of any right at any time to enforce all terms and conditions of this Licence.
4.7 This Licence is subject to the exclusive jurisdiction of the courts of Ireland.