Getting a grip on Creative Commons: what CC licences are and how to use them (2013)
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Getting a grip on Creative Commons: what CC licences are and how to use them (2013)

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"Getting a grip on Creative Commons: what CC licences are and how to use them" by Professor Anne Fitzgerald, presented at Museums Australia National Conference, Canberra, Australia, 17 May 2013

"Getting a grip on Creative Commons: what CC licences are and how to use them" by Professor Anne Fitzgerald, presented at Museums Australia National Conference, Canberra, Australia, 17 May 2013

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  • http://www.flickr.com/photos/rednuht/275062341/
  • Vast pool of CC licensed material available
  • http://www.flickr.com/creativecommons/
  • “Search on Flickr with some magic"
  • http://labs.ideeinc.com/multicolr/
  • Searches across 10 million of the most “interesting” CC licensed images on FlickrCheck the particular licence
  • ‘Al Jazeera Announces Launch of Free Footage Under Creative Commons License’. Accessed 8 July 2010. Available from: http://creativecommons.org/press-releases/entry/12166
  • http://commons.wikimedia.org/wiki/Category:Files_from_the_Australian_Broadcasting_Corporation
  • OpenCourseWare Consortium Toolkit: Maintaining Intellectual Property at http://www.ocwconsortium.org/en/community/toolkit/maintainingip
  • BY NC SA 3.0 US http://ocw.mit.edu/terms/#cc
  • See http://www.dol.gov/opa/media/press/eta/eta20101436.htm and http://creativecommons.org/weblog/entry/26100
  • http://www.khanacademy.org/
  • http://www.khanacademy.org/about/tos#7
  • http://training.gov.au/Home/Copyright
  • SourcesHeather Morrison, ‘PLoS ONE: now the world’s largest journal?’, The Imaginary Journal of Poetic Economics (blog), 5 January 2011, available at http://poeticeconomics.blogspot.com.au/2011/01/plos-one-now-worlds-largest-journal.html. Glenn Otis Brown, ‘Public Library of Science’ (interview with Michael Eisen, co-founder of PLoS), CC News, 1 September 2005, available at http://creativecommons.org/weblog/entry/7038.PLoS License, http://www.plos.org/about/open-access/license/ (accessed on 1 February 2012). Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20 October 2008, available at http://creativecommons.org/weblog/entry/10100.
  • “The District Court interpreted the Artistic License to permit a user to ‘‘modify the material in any way’’ and did not find that any of the ‘‘provided that’’ limitations in the Artistic License served to limit this grant. The District Court’s interpretation of the conditions of the Artistic License does not credit the explicit restrictions in the license that govern a downloader’s right to modify and distribute the copyrighted work. The copyright holder here expressly stated the terms upon which the right to modify and distribute the material depended and invited direct contact if a downloader wished to negotiate other terms. These restrictions were both clear and necessary to accomplish the objectives of the open source licensing collaboration, including economic benefit. Moreover, the District Court did not address the other restrictions of the license, such as the requirement that all modification from the original be clearly shown with a new name and a separate page for any such modification that shows how it differs from the original. Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit explained in Gilliam v. ABC, 538 F.2d 14, 21 (2d Cir.1976), the ‘‘unauthorized editing of the underlying work, if proven, would constitute an infringement of the copyright in that work similar to any other use of a work that exceeded the license granted by the proprietor of the copyright.’’ Copyright licenses are designed to support the right to exclude; money damages alone do not support or enforce that right. The choice to exact consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar denominated fee, is entitled to no less legal recognition. Indeed, because a calculation of damages is inherently speculative, these types of license restrictions might well be rendered meaningless absent the ability to enforce through injunctive relief.”

Getting a grip on Creative Commons: what CC licences are and how to use them (2013) Getting a grip on Creative Commons: what CC licences are and how to use them (2013) Presentation Transcript

  • Professor Anne FitzgeraldQueensland University of TechnologyMuseums Australia National ConferenceNational Museum of AustraliaCanberra17 May 2013© 2013 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.
  • This session … Copyright What Creative Commons (CC) is Overview of how CC is being used in varioussectors Government Education Research Creative industries Future directions for CC© 2013 Anne Fitzgerald..
  • Copyright Governed by the Copyright Act (Cth) No registration required Copyright exists automatically once criteria in the Actare satisfied Copyright protects original expression Not ideas, information or facts But the form in which those ideas, information or factsare expressed© 2013 Anne Fitzgerald..
  • Generic 2.0 ‘take the old machine’ by Angelo González, http://www.flickr.com/photos/21251150@N04/5291456294Photographs, paintings,images, sculptures…(artistic works)
  • Generic 2.0 ‘I Giovani e la Musica’ by Super UbO, http://www.flickr.com/photos/14443853@N07/5362778675Music, sound recordings,radio broadcasts…
  • Generic 2.0 ‘Apollo 11 Video Restoration Press Conference / Newseum’ by NASA Goddard Space Flight Centre, http://www.flickr.com/photos/24662369@N07/3726614425Films, Videos, Theatre,TV broadcasts…(cinematograph films, dramatical works, television broadcasts)
  • Blogs, books, articles, essays…(literary works, published editions of works)Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/
  • Compilations of data…("literary work" includes: … a table, or compilation , expressed in words, figures or symbols – s 10, Copyright Act 1968))Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/
  • Copyright as a bundle ofexclusive rights For example, for literary, dramatic and musical worksthe rights are to: reproduce in material form publish publicly perform communicate to the public in electronic form transmit; make available make an adaptation or translation control rental, where work is a computer program or isreproduced in a sound recording: s 31(1)© 2013 Anne Fitzgerald..
  • Copyright in the digitalenvironment When we use digital technology, we automaticallyreproduce content and thereby enter the copyright “zone”, because digital technology needs to reproduce materialso it can be played, run or even viewed. Copyright has been further extended to protect Broader range of subject matter – e.g. computer programs Broader range of rights – e.g. right to communicate electronically tothe public Technological Protection Measures (TPMs) (eg encryption/anti-copying devices) applied to control access or copying; Electronic Rights Management Information (ERMI)© 2013 Anne Fitzgerald..
  • CopyrightIn a nutshell… copyright automatically applies to a lot of material the exclusive rights of the copyright owner are verybroad remedies for infringement are strong and enforcementis effective (through civil and criminal actions) exceptions are limited (e.g. fair dealing) availableWhich means that..... the consequences of infringement will deter use/reuseunless it is clear that the use is permitted© 2013 Anne Fitzgerald..
  • Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920legal advice (s43)research or study (s40)criticism or review (s41)parody or satire (s41A)reporting of news (s42)Fair dealingUnless the law provides otherwise…
  • Copyright General rule = You need permission/licence to doanything within the scope of the copyright owner’srights (economic or moral rights) unless the lawprovides otherwise (eg where there is an exceptionpermitting that use) express permission to use should be obtained importance of clear statement of permitted uses any other rights/obligations (other than copyright) alsoneed to be considered© 2013 Anne Fitzgerald..
  • Copyright licensing –traditional practice “All rights reserved” (or, at least, most rights reserved) Use requires prior permission from the copyright ownerunless within an exception to owner’s rights (e.g. fairdealing) under the Copyright Act Negotiating terms is cumbersome, timeconsuming, expensive – inefficiency means hightransaction costs Has led to multiple non-standard licences Problem of “orphan” works – no identifiable copyrightowner from whom permission may be obtained Arose from pre-internet era - not geared to the immediateand global nature of the internet© 2013 Anne Fitzgerald.©all rights reserved
  • ©all rights reserved
  • Creative Commons
  • Creative Commons a standardised system for licensing the use ofcopyright materials a suite of 6 standardised licences available in 3 forms: plain english (summary); legal codeand machine-readable code Each licence grants baseline permissions to users touse copyright material that is, to copy, publish, distribute in digitalform, publicly perform whether the whole or a substantial part of it on specified, standardised core conditions© 2013 Anne Fitzgerald..
  • Copyright licensing – with CC licences Based on copyright Only some rights reserved Relatively short, simplified, standardised licences which providepermission in advance BUT do not cover all possible kinds of permissions – other kinds ofpermissions will have to be negotiated Do not contain detailed provisions covering all relevant aspects ofthe law Must be read in the context of copyright law (legislation &judgments) and often other relevant bodies of law (e.g. privateinternational law – “jurisdictional” issues and applicable law) Also have to be read in context of other relevant “information” lawsnotably privacy (data protection), security, and interception ofcommunications (telecommunications) - See Chang v. VirginMobile USA, LLC, 2009 WL 111570 (N.D.Tex. January 16, 2009)© 2013 Anne Fitzgerald..
  • Creative Commons IS NOT… anti-copyrightCreative Commons IS… Based on copyright A copyright licence (permission) A new way of managing copyright A set of licences that are free for everyone to use© 2012 Anne Fitzgerald..
  • Baseline permissions Fundamental baseline rights granted by all CClicences: Reproduce Distribute Publicly perform Additional baseline permission granted in four of thesix CC licences to create derivative works and Reproduce Distribute Publicly performthe derivative work© 2013 Anne Fitzgerald.
  • Core ConditionsAttribution (BY) – attribute the author, and no false attributionThis applies to all CC licencesNon Commercial (NC) – no “commercial use” (as defined)No Derivatives (ND) – no changes allowed to original workShare Alike (SA) – changes allowed, but new work is to bedistributed under the same licence as the original work* ND and SA cannot be used together© 2013 Anne Fitzgerald..
  • Licence combinations© 2013 Anne Fitzgerald.
  • CC BY Core condition: Attribution (BY) – attribute the author, and no falseattribution Baseline Rights: Reproduce Distribute Publicly perform Create derivative works (and reproduce, distribute andpublicly perform the derivative work)© 2013 Anne Fitzgerald..
  • Human-readable summary
  • “Legal Code”
  • http://creativecommons.org/choose/Machine-readable code
  • http://creativecommons.org/choose/
  • CC operates as a direct licence,from copyright owner to user© 2012 Anne Fitzgerald..
  • Attribution (BY)
  • Attribution (BY) Copyright notice - Keep notices that refer to theLicence or Disclaimers Name of author and other Attribution parties Source and Title of the work Licence URL/hyperlink In a Derivative Work, identify the changes made to theoriginal No suggestion of endorsement “In a manner reasonable to the medium you are using”
  • Non Commercial (NC)
  • Non Commercial (NC) “Commercial” defined as meaning “primarily intendedfor or directed towards commercial advantage orprivate monetary compensation”
  • No Derivative Works (ND)
  • No Derivative Works (ND) “Derivative Work" means material in any form that iscreated by editing, modifying or adapting the Work, asubstantial part of the Work, or the Work and otherpre-existing works. Derivative Works may, for example, include atranslation, adaptation, musicalarrangement, dramatisation, motion pictureversion, sound recording, artreproduction, abridgment, condensation, or any otherform in which the Work may be transformed oradapted…
  • Share Alike (SA)
  • Share Alike (SA) Clause 4B(a) Attribution-Share Alike 3.0 Australia: You may only Distribute or publicly perform aDerivative Work if You apply one of the followinglicences to it: i) this Licence; ii) a later version of this Licence with the same LicenceElements (such as Attribution-ShareAlike 4.0 Australia); or iii) a Creative Commons Unported licence or a licence fromanother jurisdiction (either this or a later version) that has thesame Licence Elements; or iv) a Creative Commons Compatible Licence. (* note this lastoption is not available in CC BY NC SA 3.0 Australia)
  • CC BY SAMost of Wikipedias text and many of its images are dual-licensed under the Creative Commons Attribution-Sharealike 3.0 Unported License (CC-BY-SA) and the GNUFree Documentation License (GFDL)The small print:“ Text is available under the Creative CommonsAttribution-Share Alike License; additional termsmay apply. See Terms of Use for details ....”Information for text contributors to WikimediaprojectsTo grow the commons of free knowledge and free culture,all users contributing to Wikimedia projects are requiredto grant broad permissions to the general public to re-distribute and re-use their contributions freely, as long asthe use is attributed and the same freedom to re-use andre-distribute applies to any derivative works. Therefore,for any text you hold the copyright to, bysubmitting it, you agree to license it under theCreative Commons Attribution-ShareAlike 3.0Unported License. For compatibility reasons, you arealso required to license it under the GNU FreeDocumentation License. Re-users can choose the license(s)they wish to comply with. Please note that these licensesdo allow commercial uses of your contributions,as long as such uses are compliant with theterms.As an author, you agree to be attributed in any of thefollowing fashions: a) through a hyperlink (where possible)or URL to the article or articles you contributed to, b)through a hyperlink (where possible) or URL to analternative, stable online copy which is freely accessible,which conforms with the license, and which provides creditto the authors in a manner equivalent to the credit givenon this website, or c) through a list of all authors. (Any listof authors may be filtered to exclude very small orirrelevant contributions.)
  • How do people use CC? Licensing out: use CC on copyright materials you create enable others to find your material online through using the standardsearch engines; give permission to others to lawfully use your material(eg copy, on-distribute, post to a website, value add, mashup e.g. Repositories – Wikipedia, Flickr, YouTube Institutions/Organisations – ABC, Al Jazeera Licensing in: use copyright materials created by others thatare licensed under CC enable you to find their material online through using the standardsearch engines; give permission to you to lawfully use their material egcopy, on-distribute, post to a website, value add, mashup e.g. students using CC material from Wikipedia in their projects teachers using Open Educational Resources (OER) licensed under CC In either case, the scope of re-use will depend on which CC licenceselected
  •  Creative Commons, The Power of Open, available athttp://thepowerofopen.org/, licensed under CCCC licensed material
  • “Visitors to this websiteagree to grant a non-exclusive, irrevocable, royalty-free license to the rest ofthe world for theirsubmissions toWhitehouse.gov under theCreative CommonsAttribution 3.0 License.”
  • http://www.flickr.com/creativecommons/260 million of 8 billion photoslicensed under CC
  • http://www.flickr.com/search/advanced/
  • http://www.flickr.com/search/advanced/
  • http://www.zoo-m.com/flickr-storm/
  • http://labs.ideeinc.com/multicolr/
  • http://labs.ideeinc.com/multicolr/
  • http://labs.ideeinc.com/multicolr/
  • AUSTRALIA
  • Geoscience Australia - Landsat 8 data Landsat 8 satellite launched in early 2013 - GA is making thesatellite images publicly available free of charge, under aCreative Commons Attribution 3.0 Austalia licence (CC BY)to facilitate legal reuse of the images Jeff Kingwell, Section Leader of GA’s National Earth ObservationGroup :© 2013 Anne Fitzgerald..Our experience is that using the CreativeCommons Attribution Licence – which is thedefault licence for GA information – makes thedata more useful and easier to apply. Forexample, to help the Indonesian government tomonitor forest management, GA supplies Landsatdata from a number of foreign data archives. Sincewe can apply the same licence conditions to eachdata source, the information is much more usefuland easier to share and reuse.Example of a Landsat 7 image, CC BY 3.0 Au© Geoscience Australia
  • AUSTRALIA
  •  2010 Federal BudgetPapers licensed under CCAttribution 2.5Australia 2011 and 2012 FederalBudget Papers under CCAttribution 3.0 Australia
  • Commonwealth Government’sStatement of IP Principles (2010) 11.(b) Consistent with the need for free and open re-use andadaptation, public sector information should be licensed by agenciesunder the Creative Commons BY standard as the default. An agency’s starting position when determining how to license its public sectorinformation should be to consider Creative Commons licences(http://creativecommons.org.au/) or other open content licences. Agencies should license their public sector information under a CreativeCommons licence or other open content licence following a process of duediligence and on a case-by-case basis. Before releasing public sector information, for which the Commonwealth is notthe sole copyright owner, under a Creative Commons BY standard or anotheropen content licence, an agency may need to negotiate with any othercopyright owners of the material.© 2013 Anne Fitzgerald.
  • Australian Government IP Manual and Guidelineson Licensing PSI (2012) Australian Government (Attorney General’s Department) released twodocuments (under CC BY 3.0 Australian licence) which implement theGovernment’s Statement of Intellectual Property Principles forAustralian Government Agencies: Guidelines on Licensing Public Sector Information for AustralianGovernment Agencies; and Australian Government Intellectual Property Manual (“IP Manual”). Chapter 9 of the IP Manual (which deals with “Sharing and GrantingPublic Access to IP”) makes it clear that PSI should be released free ofcharge under a CC BY Australian licence by default. Refers to our CC and Government webpage for more detailedinformation.© Anne Fitzgerald 2013. Licensed under Creative Commons Attribution 3.0 Australia Licence.
  • Australian Government Attorney General’sIP Guidelines and IP Manual (2012) In 2012, the Australian Government released two documents whichimplement the Statement of IP Principles for Australian GovernmentAgencies: Guidelines on Licensing Public Sector Information for AustralianGovernment Agencies; Australian Government Intellectual Property Manual (IP Manual). Both documents are available on the Attorney-General’s Departmentwebsite under the CC BY 3.0 Australian licence. Attorney General’s IP Manual makes it clear that PSI should bereleased by default free of charge under a Creative CommonsAttribution (CC BY) Australian licence by default. (Chapter 9 -“Sharing and Granting Public Access to IP”) Agencies are now required to make licensing decisions aboutwhether to use Creative Commons licences (or other opencontent licences) when publicly releasing their PSI.© 2013 Anne Fitzgerald.
  • Queensland IP Principles (2011) Queensland Government IP Principles (revised 2011) endorse the use ofCC licences and specify that the CC BY licence is the defaultlicence, to be applied as a first choice unless there are clearindicators that the default licence is inappropriate in thecircumstances:Clause 1.3: Creative Commons licensing of government copyrightinformation In assessing the appropriate licence to apply to public information, theGovernment Information Licensing Framework (GILF) mandates that:(a) agencies license their public sector copyright information using theCreative Commons least restrictive licence (i.e. the Attribution BYlicence) as the default licence of preference following a process of duediligence assessment on a case-by-case basis. However this leastrestrictive licence may not always be the appropriate licence to use.© 2013 Anne Fitzgerald.
  • Premier’s message athttp://data.qld.gov.au/about “So that people using our data can do soeffectively, agencies must provide it in a standard way.Agencies will: follow metadata standards apply clear licences (preferably open licences such asCreative Commons) assess and advise of data quality outline any limitations on data use.”
  • http://www.parliament.qld.gov.au/
  •  In 2009 the Al Jazeera Network launched a repositoryof broadcast quality footage under a variety of CClicences Initial focus was on footage of the conflict inGaza, which was released under a CC BY licence. The aim of allowing the broadest possible reuse(including commercial use) was to make people moreaware of these issues as well as profiling the Al JazeeraNetwork throughout the world. See Al Jazeera CC Repository at http://cc.aljazeera.net/
  • http://pool.abc.net.au/
  • http://pool.abc.net.au/content/pool-special-conditions-use
  • ABC “80 Days that Changed our Lives” To celebrate ABC’s 80th anniversary , ABC released 22 files capturinghistoric moments on Wikimedia under CC BY-SA first collection of broadcast “packaged” footage released to WikimediaCommons under a free license
  •  http://en.wikipedia.org/wiki/History_of_the_Internet
  • Wikimedia “What is Wikimedia Commons? Wikimedia Commons is a media file repository making available public domain andfreely-licensed educational media content (images, sound and video clips) to everyone, intheir own language. It acts as a common repository for the various projects of theWikimedia Foundation, … Launched on 7 September 2004, Wikimedia Commons hit the 1,000,000 uploaded mediafile milestone on 30 November 2006 and currently contains 13,546,116 files and 106,660media collections. … Unlike traditional media repositories, Wikimedia Commons is free. Everyone is allowed tocopy, use and modify any files here freely as long as they follow the terms specified by theauthor; this often means crediting the source and author(s) appropriately and releasingcopies/improvements under the same freedom to others. The license conditions of eachindividual media file can be found on their description page. The Wikimedia Commonsdatabase itself and the texts in it are licensed under the Creative CommonsAttribution/Share-Alike License. More information on re-use can be found atCommons:Reusing content outside Wikimedia and Commons:First steps/Reuse.” http://commons.wikimedia.org/wiki/Commons:Welcome
  • OER and MOOCs
  • The concept of “OER” The OECD defines OER as: ‘digitised materials offered freely and openly for educators, students, and self-learners to use and reuse for teaching, learning and research.OER includes learning content, software tools todevelop, use and distribute content, andimplementation resources such as open licences.’ OECD, “Giving Knowledge for Free: The Emergence of OpenEducational Resources”, OECD, Paris, 2007, at p 38, available atwww.oecd.org/dataoecd/35/7/38654317.pdf.© 2013 Anne Fitzgerald..
  • Reuse, remix, distribution are at theheart of OER The OpenCourseWare Consortium identifies therelevant acts that need to be able to be performed withOER as: Reuse: using the work verbatim; Rework: altering or transforming the work; Remix: combining the verbatim or altered work withother works; and Redistribute: share the verbatim work, the reworkedwork, or the remixed work with others.© 2013 Anne Fitzgerald..
  • MOOC ≠ OER David Wiley:“There are a number of reasons why the term MOOC is a misnomer.- Many MOOCs are massive but not open (e.g.,http://www.udacity.com/legal/)- Many MOOCs are open but not massive (e.g.,http://learninganalytics.net/syllabus.html)- Many MOOCs try very hard not to be courses (e.g.,http://cck11.mooc.ca/how.htm)…Bonus complaint: The MOOCs which are “massive but notopen” pose a special threat to the future of OER, but no oneseems to be paying attention… Before long the general public willfeel that “free” is good / innovative enough, and no one will careabout “open,” permissions, or licensing. The good has once againbecome the enemy of the best. And how to you wage a PR waragainst “the good?” ‘The MOOC Misnomer’, 1 July 2012, http://opencontent.org/blog/archives/2436© 2013 Anne Fitzgerald..
  • Trade Adjustment Assistance Community Collegeand Career Training Grant Program (TAACCCT):US $2 billion in funding provided under federal educationfund to create OER resources for use in community collegesP062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216
  • TAACCCT The first round of grants (Wave 1) awarded nearly $500million in 2011, and the second round (Wave2), announced on 27 February 2012, will make another$500 million available to eligible higher educationinstitutions. Wave 1 - materials produced must be distributed undera CC BY licence. Wave 2 - the CC BY license must also be applied tomodifications made to pre-existing, grantee-ownedcontent using grant funds.© 2013 Anne Fitzgerald..
  • California digital textbooks project Legislative implementation of OER policy In September 2012, California Governor Jerry Brownsigned two bills providing for the creation offree, openly licensed digital textbooks for the 50 mostpopular lower-division college courses offered byCalifornia colleges. A crucial component of the California legislation isthat the textbooks developed will be made availableunder the Creative Commons Attribution license (CCBY).© 2013 Anne Fitzgerald..
  • Khan Academy
  • Khan Academy – Terms of Service7. Licensed Educational Content. 7.1 …Unless otherwise indicated, all Licensed Educational Contentis the property of Khan Academy or its subsidiaries or affiliatedcompanies and/or third-party licensors and, subject to the terms andconditions of these Terms, is licensed to You under the CreativeCommons Attribution-NonCommercial-ShareAlike 3.0 UnitedStates License (available at http://creativecommons.org/licenses/by-nc-sa/3.0/us/) (the “Creative Commons License”). …© 2013 Anne Fitzgerald..
  • Blackboard xpLor xpLor is a new cloud-based learning object repositorythat will work across the various learningmanagement systems (LMS) in use at educationalinstitutions Objective is to dissolve content boundaries betweenLMS’s and institutions so that instructors can moreeasily share, discover, and reuse course content. xpLor has CC licensing options - instructors andinstitutions can create, share, and build on eachother’s CC-licensed content through the sameinterface.
  • Blackboard xpLor – CC BY default
  • Budapest Open Access Initiative (2002) The literature that should be freely accessible online is that which scholars give to the world withoutexpectation of payment. Primarily, this category encompasses their peer-reviewed journal articles,but it also includes any unreviewed preprints that they might wish to put online for comment or toalert colleagues to important research findings. There are many degrees and kinds of wider and easier access to this literature. By "open access“ wemean its free availability on the public internet, permitting any users to: read download copy distribute print search, or link to the full texts of these articles crawl them for indexing pass them as data to software or use them for any other lawful purpose,without financial, legal, or technical barriers other than those inseparable fromgaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright inthis domain, should be to give authors control over the integrity of their work and theright to be properly acknowledged and cited. http://www.soros.org/openaccess/read.© 2013 Anne Fitzgerald..
  • Open Access publishing: the Green andGold roads Green OA Authors retain rights to their work make their articles (usually in the form of “accepted manuscripts”)available through institutional repositories or personal websites –check OAK List for publisher’s policy on this:http://www.oaklist.qut.edu.au/ QUT ePrints – eg “Open Content Licensing: Cultivating the Creative Commons”(2007), Sydney University Press and QUT ePrints -http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5 Licence - >8,000 downloads, ranks 15th in QUT ePrints QUT Law and Justice Journal/QUT Law Review (from 2013): licensed under CC BY– see https://ljj.law.qut.edu.au/ Gold OA OA that is provided by a publisher, i.e. the article is publishedimmediately under OA conditions by the journal publisher. may be funded in different ways - certain publishers may require thepayment of a fee by the author to make the work available under OA.© 2013 Anne Fitzgerald..
  • Gold OA consistent with CC PloS One (OA journal, reportedly the world’s largest scholarly journalby volume) Public Library of Science (PLoS) is a non-profit organisation ‘dedicatedto making the world’s scientific and medical literature a freely availablepublic resource’. PloS applies CC BY licence to all works it publishes Research monographs published by Bloomsbury Academic(commercial publisher Bloomsbury Publishing’s academic branch) Content made available online under a CC BY-NC licence (in addition topublishing in print and e-book format and offering print-on-demandcopies). Frances Pinter, Publisher of Bloomsbury Academic explains: ‘[o]ur business model is simple. We may lose some print sales because of freeaccess, but we will gain other sales because more people will want the print edition’. Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20October 2008, available at http://creativecommons.org/weblog/entry/10100.© 2013 Anne Fitzgerald..
  • ANU’s IP Policy(1 July 2010) http://policies.anu.edu.au/policies/intellectual_property/policyPart 4 - Section 14. "Open Content" Licensing by[Staff] Member14.1 …. A [Staff] Member who Creates copyright matter whichis owned by the University is granted aperpetual, irrevocable, worldwide, non-exclusive licencein respect of the copyright to grant licences to thirdparties over the copyright matter:(a) being an open content licence of the formmaintained by the Creative Commons Corporation; or(b) being an open source licence in respect ofSoftware, of the form maintained by the Open SoftwareInitiative or the Free Software Foundation; or(c) in any other form of open content licensingdetermined from time to time in writing by the ViceChancellor.© 2013 Anne Fitzgerald..
  • QUT’s IP Policy: Scholarly works(22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp3.1.5 Ownership of copyright In accordance with general law principles noted in section 3.1.4above, QUT as an employer is the owner of copyright wherethe work is created by staff members in the course of theiremployment. QUT’s ownership of copyright applies to bothacademic and professional staff.Assignment of scholarly works Provided that QUT does not have contractual obligations to athird party which would prevent QUT effecting such anassignment, QUT assigns the right to publish scholarlyworks to the creator(s) of that work. The assignment issubject to a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence in favour of QUT to allow QUT touse that work for teaching, research and commercialisationpurposes and to reproduce and communicate that workonline for non-commercial purposes via QUTs open accessdigital repository.© 2013 Anne Fitzgerald..
  • National Health and Medical ResearchCouncil (NHMRC) policy on access toresearch publications and data Revised policy, effective 1 July 2012, mandates that: any publications arising from an NHMRC supportedresearch project must be deposited into an openaccess institutional repository within a twelvemonth period from the date of publication. http://www.nhmrc.gov.au/media/notices/2012/revised-policy-dissemination-research-findings© 2013 Anne Fitzgerald..
  • Australian Research Council (ARC)Open Access policy Effective 1 January 2013 Any publications arising from an ARC supportedresearch project must be deposited into an open accessinstitutional repository within a twelve (12) monthperiod from the date of publication Requirement subject to legal or contractual obligations(i.e. restrictive publishing contracts which prohibit/donot allow for open access) http://www.arc.gov.au/applicants/open_access.htm
  • ARC Funding Rules for DiscoveryProjects commencing in 2013Clause 21: Material Produced under thisAgreement, Publication and Dissemination ofResearch Outputs 21.3 The ARC will support publication and disseminationcosts as per clause 7.8 of this Agreement. The ARCstrongly encourages publication in publicly accessibleoutlets and the depositing of data and anypublications arising from a Project in an appropriatesubject and/or institutional repository. 21.4 The Final Report must justify why anypublications from a Project have not been depositedin appropriate repositories within 12 months ofpublication. The Final Report must outline how dataarising from the Project has been made publiclyaccessible where appropriate.
  • Validity and enforceability of CClicencesJacobsen v. Katzer, 535 F.3d 1373 (United States FederalCircuit Court of Appeals, 2008) -“Copyright holders who engage in open sourcelicensing have the right to control the modificationand distribution of copyrighted material. ….The choice to exact consideration in the form ofcompliance with the open source requirements ofdisclosure and explanation of changes, rather than asa dollar denominated fee, is entitled to no less legalrecognition.”© 2013 Anne Fitzgerald..
  • Validity and enforceability of CClicencesCurry v Audax (2006) (Netherlands) Adam Curry uploaded photos to Flickr under a CC BYNC SA licence The photos were copied and reproduced in a magazinesold commercially in The Netherlands Court held there was no permission to use the photos -as this was commercial use – only Non Commercialwas licensed© 2013 Anne Fitzgerald.
  • Why use CC licences? Other standardised licences e.g. UK Open GovernmentLicence (OGL) are not fully internationally recognised Permits international platforms (collaborations andcontributions across various sectors) No other standardised licence has an equally supportiveand viable central organisation CC applies to all government and non-governmentcopyright material (except software) CC uses icons (which have gained full internationalrecognition and which are not language specific) CC’s licence metadata / digital code is embedded, makingit machine-readable, searchable & retrievable CC provides for a clear statement about the source of thedata (attribution/provenance) – increased user confidence© 2013 Anne Fitzgerald..
  • Advantages of using CC Discoverability and retrieval of CC materials by search engines (CCmachine readable code) Explicit statement of re-use rights: information provided upfront tousers about what they CAN do with the material Standard, internationally recognised icons depict the licenceconditions – surmounts language barriers Facilitates legal re-mix and re-use of CC-licensed materials Identification and attribution of the creator/owner of the licensedmaterial Licences have been held to be valid and enforceable by courts© 2013 Anne Fitzgerald..
  • CC Australia More information at www.creativecommons.org.au Twitter: @ccAustralia @eduCCau @govCCau Facebook: http://www.facebook.com/ccAustralia Professor Anne Fitzgerald Publications:http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html Twitter: @AnneMFitzgeraldCC & Government Guide: Using Creative Commons 3.0Australia Licences on Government Copyright MaterialsAnne Fitzgerald, Neale Hooper & Cheryl Foong (2011)http://eprints.qut.edu.au/38364/http://creativecommons.org.au/sectors/government