Escolar Documentos
Profissional Documentos
Cultura Documentos
Creative Commons Asia Pacific Regional Meeting and Conference Jakarta, Indonesia 11 November 2012
2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.
Cultural materials
sufficiently original
Copyright does not apply to mere facts/information or
trivial/obvious/mundane arrangements of data Copyright must apply to original collections of data - this is a requirement under the TRIPs Agreement and WIPO Copyright Treaty For copyright to apply, there must usually be originality provided by some independent intellectual creation/creative spark/application of skill and judgment Most countries (including Australia and US) do not have an additional (sui generis) legal protection for collections of data (cf European Database Directive)
from government to community; from community to government to community; from local to national to global
prevent flow of information or to preserve commercial rights) Often, there is no licence, so access/use/reuse rights are unknown high transaction cost of negotiating new licences Where licences exist, terms are incomprehensible or inconsistent
rights constrains thinking about public domain Public domain is not just a no rights wasteland [or] dump on the outskirts of respectable culture (Bollier, Viral Spiral) Something of value in its own right open knowledge and content that can be accessed, reused and distributed Encompasses materials that are copyright-protected and made available for access and reuse under open source software and open content licences
state Openness must be constructed When dealing with intangible interests in intangibles, openness is achieved using legal tools (Uhlir, Reichmann, Stallman, Lessig) free beer vs free as in speech
Stallman the latter, not the former; the free beer approach will not achieve openness for data
Core Conditions
Baseline Permissions
Fundamental baseline rights granted by all CC licences:
Reproduce
Distribute Publicly perform
On condition of Attribution
Additional baseline permission granted in four of the six
CC licences to create derivative works and Reproduce Distribute Publicly perform the derivative work
Core Conditions
Attribution (BY) attribute the author, and no false attribution This applies to all CC licences Non Commercial (NC) no commercial use (as defined)
Share Alike (SA) changes allowed, but new work is to be distributed under the same licence as the original work
Licence combinations
CC BY
Core condition: Attribution (BY) attribute the author, and no false attribution
Baseline Rights:
Reproduce Distribute Publicly perform Create derivative works (and reproduce, distribute and
1990s: Cutler, Wainwright digital content strategy proposals 2001: Office of Spatial Data Management (OSDM) access and reuse policy 2004: Launch of Creative Commons in Australia 2004: Launch by Queensland Government of Spatial Information Licensing Project (GILF) 2005: Unlocking the Potential: Digital Content Industry Action Agenda, Strategic Industry Leaders Group report to the Australian Government 2005 2006: Queensland Governments Government Information Licensing Framework (GILF) proposed use of Creative Commons licensing for PSI 2007 2010: GILF project continues as a Queensland Government-QUT collaboration, developing knowledge about and models for use of CC on PSI 2007 on: Australian Bureau of Statistics (ABS), Geoscience Australia (GA), Bureau of Meteorology (BoM) implement open access and adopt CC licensing; National Library of Australia; Australian Broadcasting Corporation; various State and local government initiatives 2008: OECD Ministerial Seoul Declaration on the Future of the Internet Economy - OECD Recommendations on publicly funded research (2006) and Access to PSI (2008) 2008: Venturous Australia report on National Innovation System (Cutler Report) 2009: Australias Digital Economy, Future Directions (Department of Broadband, Communications and the Digital Economy) 2009: Victorian Parliament Economic Development and Infrastructure Committee (EDIC) report (Governments response 2010) Government 2.0 Taskforce (2009), Engage: Getting on with Government 2.0 (December 2009) 2009: New Zealand (draft) Government Open Access Licensing Framework (NZGOAL); UK Power of Information report 2009 2010: Freedom of Information/Right to Information reforms State and Federal legislation 2010: Government response to Government 2.0 Taskforce report, accepting key recommendations and stating that CC BY should be the default licence for PSI; Declaration of Open Government; Commonwealth Government IP Principles 2011: Queensland Governments IP Principles CC BY as the default licence 2012: Attorney-Generals revised Intellectual Property Manual - CC BY as the default licence
I love A sunburnt country A land of sweeping plains Of ragged mountain ranges Of droughts and flooding rains.
My Country, Dorothea McKellar (1904)
licensing (Creative Commons) as the default position for distribution of government copyright materials
majority of government business units did not use any formal licensing
For those that did, the legal frameworks varied significantly
standard approaches were outdated - many derivatives of licences Often, there was no licence, so access/use/reuse rights are unknown high transaction cost of negotiating new licences Where licences existed, terms were vague or inconsistent No standard approach towards data access for users Complexity for anyone outside dealing with multiple agencies Potentially more difficult for Gov agencies to deal with each other than to get same information from outside Government
would be accessible and reusable across the public sector and utilities Crown copyright in informational works should be managed so as to enable (not prevent) access and reuse Government Information Licensing Framework (GILF) project (QUT and Queensland Government) proposed the application of Creative Commons licences to government copyright materials permission for copying and distribution From 2007/2008 GILF proposals were taken up by major federal government departments with location and geospatial data: Geoscience Australia, Australian Bureau of Statistics, Bureau of Meterology
2012 Anne Fitzgerald..
Sam the Koala and David Tree Victorian bushfires, February 2009 Vale Sam
Black Saturday
Over 400 individual fires recorded on 7
February 2009 Affected 78 townships, destroyed 2,030 houses and > 3,500 structures Displaced an estimated 7,562 people 414 people injured 173 deaths Australias highest ever loss of life from a bushfire
2012 Anne Fitzgerald..
Queensland Government Information Licensing Framework (GILF) report (2006) Cutler review (2008) Victorian Parliament review of access to PSI (2009) Government 2.0 Taskforce (2009) Lawrence (UK Ordnance Survey) reviews of spatial policy and practices (2011)
introduction of Right to Information (RTI) proactive disclosure principles and practices (2009 on)
maximise the flow of government generated information, research, and content for the
benefit of users (including private sector resellers of information). A specific strategy for ensuring the scientific knowledge produced in Australia is placed in machine searchable repositories be developed and implemented using public funding agencies and universities as drivers.
Information, research and content funded by Australian governments including national collections should be made freely available over the internet as part of the global public commons,
to the maximum extent possible.
Open gate by chelmsfordblue (Nick)
Australian governments should adopt international standards of open publishing as far as possible. Material released for public information by Australian governments should be released under a creative commons licence.
Victorian Parliament Economic Development and Infrastructure Committee (EDIC) Improving Access to Victorian Public Sector Information and Data (2009)
free based on open standards easily discoverable understandable machine-readable freely reusable and transformable.
6.2 PSI should be released as early as practicable and regularly updated to ensure its currency is maintained. 6.3 Consistent with the need for free and open reuse and adaptation, PSI released should be licensed under the Creative Commons BY standard as the default.
2012 Anne Fitzgerald..
6.3 Consistent with the need for free and open reuse and adaptation, PSI released should be licensed under the Creative Commons BY standard as the default.
should be released by default free of charge under a Creative Commons Attribution (CC BY) Australian licence by default. (Chapter 9 - Sharing and Granting Public Access to IP)
Agencies are now required to make licensing
decisions about whether to use Creative Commons licences (or other open content licences) when publicly releasing their PSI.
CC licences and specify that the CC BY licence is the default licence, to be applied as a first choice unless there are clear indicators that the default licence is inappropriate in the circumstances:
Clause 1.3: Creative Commons licensing of government copyright information
In assessing the appropriate licence to apply to public information, the
(a) agencies license their public sector copyright information using the Creative Commons least restrictive licence (i.e. the Attribution BY licence) as the default licence of preference following a process of due diligence assessment on a case-by-case basis. However this least restrictive licence may not always be the appropriate licence to use.
Credits: Background photo by Matthew Knott, Tasmania 2012 Anne Fitzgerald.. CC-BY-NC-SA, http://www.flickr.com/photos/mknott/606575243/
AUSTRALIA
AUSTRALIA
Papers licensed under CC Attribution 2.5 Australia 2011 and 2012 Federal Budget Papers under CC Attribution 3.0 Australia
historic moments on Wikimedia under CC BY-SA first collection of broadcast packaged footage released to Wikimedia Commons under a free license
http://en.wikipedia.org/wiki/History_of_the_Internet
NZGOAL
NZ Government Open Access and Licensing
framework (NZGOAL)
approved by Cabinet in 2010
standardises the licensing of government copyright
works for reuse under CC licences (CC BY as the default) and recommends the use of a no-known rights statement for material not protected by copyright. provides a Review and Release Process online tool to assess whether PSI can be released for re-use and under what conditions
make their copyright works which are or may be of interest or use to people available for re-use on the most open of licensing terms available within NZGOAL (the Open Licensing Principle). To the greatest extent practicable, such works should be made available online. The most open of licensing terms available within NZGOAL is the Creative Commons Attribution (BY) licence.
http://nzgoal.info/
NZGOAL and CC
Application of CC to geographical information by
on the Ocean Survey 20/20 web portal (which covers New Zealands Exclusive Economic Zone (EEZ), Continental Shelf and the Ross Sea Region) under a CC BY licence. Minister for the Environment has released its Land Cover Database and Land Environments NZ classification under CC BY through web portal Koordinates.
datasets on Koordinates under a CC BY licence (covering subject matter from flood hazards to passenger transport information). http://www.os2020.org.nz/copyrightattributing/.
Wellington City Council, Northland Regional Council; and Auckland Regional Council
agencies rapidly released CC-licensed information eg LINZs aerial photographs of the citys damage.
Post-quake imagery of Christchurch carries CC licence, CC NZ News, 2 April 2011, available at http://www.creativecommons.org.nz/news_and_events/news/post_quake_ imagery_of_christchurch_carries_cc_licence.
ad crowd-sourced map application recording the damage and relief reports through the city, was licensed under CC BY.
organizations such as the Canterbury Earthquake Recovery Authority, the Defence Force, and the Ministry of Civil Defence and Emergency Management) have been released under CC licences.
See Ross Becker Photos at http://cera.govt.nz/ross-becker-photos and on Picasa at https://picasaweb.google.com/RossBeckerNZ/. See Flickr Collection: Christchurch Earthquake February 2011, available at http://www.flickr.com/photos/nzdefenceforce/collections/721576261436107 31/. See VIDEO: Central Christchurch, two weeks after the quake, National Business Review, 19 March 2011, available at http://www.nbr.co.nz/article/video-central-christchurch-two-weeks-afterquake-ck-88665.
training.gov.au
previously licensed under AEShareNet licences
1n 2011 shifted to CC BY ND licence see
http://training.gov.au/Home/Copyright
the disciplines and sharing content for curriculum renewal. led by the University of Tasmania, with support from the Australian Governments Office of Learning and Teaching (OLT) aims to enhance the teaching of adaptations (the study of the adaptation of an original novel, play, film, poem, video game or other form of narrative to a different medium) in an Australian context through the creation of a community of practice of scholars. will develop a repository of OER relevant to learning and teaching adaptations.
See http://www.teaching-learning.utas.edu.au/designing/open-
educational-resources/open-education-resources.
USQ OpenCourseWare
University of Southern Queensland (USQ), based in
regional areas (Toowomba, Hervey Bay and Springfield) provides distance education programs 75% of USQs students study by distance education USQs OpenCourseWare (OCW) portal makes 10 courses available under a CC BY-NC-SA licence.
http://ocw.usq.edu.au/. See the OCW FAQs on how to cite USQs materials:
http://ocw.usq.edu.au/mod/resource/view.php?id=105#1 2.
National Health and Medical Research Council (NHMRC) policy on access to research publications and data
Revised policy, effective 1 July 2012, mandates that: any publications arising from an NHMRC supported research project must be deposited into an open access institutional repository within a twelve month period from the date of publication.
http://www.nhmrc.gov.au/media/notices/2012/revisedpolicy-dissemination-research-findings
Sharing of Public Health Research issued by the Wellcome Trust Joint Statement expresses a commitment to the timely and responsible sharing of public health data:
Much of the data collection that could improve public health
research is expensive and time-consuming. As public and charitable funders of this research, we believe that making research data sets available to investigators beyond the original research team in a timely and responsible manner, subject to appropriate safeguards, will generate three key benefits:
faster progress in improving health better value for money higher quality science.
authoritative, freely accessible, distributed and federated biodiversity data management system encourages contributors to upload their materials under a CC licence via the systems contribution form. See ALA Data Licensing FAQs at http://www.ala.org.au/faq/data-licensing/.
Advantages of using CC
Discoverability and retrieval of CC materials by search engines (CC
users about what they CAN do with the material conditions surmounts language barriers
Standard, internationally recognised icons depict the licence Facilitates legal re-mix and re-use of CC-licensed materials Identification and attribution of the creator/owner of the licensed
material
contributes to the body of publicly funded content available for innovative reuse
materials
Thank you
Professor Anne Fitzgerald QUT Law School CC Australia Publications
(http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne. html) Access to Public Sector Information (http://www.aupsi.org) Creative Commons Australia (http://creativecommons.org.au/)
2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.