Question to the Department for Education:

To ask His Majesty's Government what consideration they gave to any representations made by the publishing industry in making Oak National Academy resources available on an Open Government Licence without geographical restrictions.

The Department published its Full Business Case and Market Impact Assessment setting out the rationale for an intervention by the Government to establish an arm’s length body (ALB) incorporating Oak National Academy (ONA). The ALB supports teachers to teach and enables pupils to access a high quality curriculum, whilst also reducing teacher workload.

Following a review, ONA made the decision to make the majority of its new curricula and teaching resources available on an Open Government Licence (OGL). This decision was informed by an assessment of the implications conducted by ONA’s Accounting Officer.

Under the UK Government Licensing Framework (UKGLF), it is Government policy that Government funded materials will be available on a licence which allows anyone to access them directly. This ensures that the benefit of public funding is maximised, promotes transparency, and enables wider economic and social gain. In making its decision to make new materials available on an OGL, ONA carried out a review which incorporated representations by the publishing industry. These were considered alongside the views of others and Oak’s remit.

The decision to publish Oak’s content on an OGL only applies to the curriculum resources that are currently being developed with Oak’s new curriculum partners, and who have agreed to these terms as part of their contract. OGL does not apply to existing curriculum resources that were transferred at the ALB’s creation.

All of ONA’s new curriculum partners, with whom they are working to develop new high quality curriculum content, were aware of, and agreed to, licensing terms up to and including an OGL. This was confirmed as part of the procurement and contracting process which launched in autumn 2022. Following the decision of the Oak Board to make Oak’s curriculum resources available on an OGL without geo-restrictions, these arrangements were confirmed with Oak’s new curriculum partners.

Under ONA’s founding principles, no individual can make a direct profit from its materials. ONA’s resources continuing to be freely available to all removes the ability for others to make direct profit from its content. The decision of ONA’s Board not to geo-restrict ONA’s new materials is consistent with Government policy on licensing, more generally, and with the founding principles of ONA itself.

Oak’s resources are based on the English National Curriculum and its remit is to support UK teachers and pupils. Oak is not undertaking any activities to promote or grow use of its resources overseas. Oak will continue to monitor international use to ensure it remains minimal and will continue to focus on delivering its objectives in the UK and will not promote its resources abroad.