Copyright Status of Court Judgments
General guidance in copyright matters is contained in the documents ”Copyright Guidelines” and “Knowledge Management” on the Bar Council and Bar Standards Board websites.
The position regarding copyright in court judgments is not, however, entirely clear. The Office of Public Sector Information (OPSI), is part of the National Archives and manage all copyrights owned by the Crown on Her Majesty’s behalf. Copyright material which is produced by employees of the Crown in the course of their duties and therefore most material originated by ministers and civil servants is protected by Crown copyright. There is no definitive view on whether court judgments are Crown copyright. Although OPSI, following advice from the Treasury Solicitor, take the view that copyright in court judgments rests with the Crown, in that judges are officers or servants of the Crown and their judgments are delivered in the course of their duties, this is not a universally held view and it can be argued that judges act independently of the Crown and that copyright in court judgments rest with individual judges. OPSI’s position is that insofar as judgments are Crown copyright it is content for them to be re-used free of charge and without requiring prior clearance providing the source is acknowledged.
Consideration would need to be given to the rights of reporters and journalists as published editions of judgments attract copyright protection in the typographical arrangement of their published editions although not in the judgment itself. Reporters may also seek copyright protection for additional content such as head notes and other commentary.”
