Creative Commons
  (CC) Licensing
  Professor Brian Fitzgerald
    QUT Law Faculty/CCi
CC = COPYRIGHT
CC IS A
COPYRIGHT
 LICENCE
WHY IS IT OF
 INTEREST
  TODAY?
copyright
COPYRIGHT
Generic 2.0   Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
gutenberg press



Generic 2.0   Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
statute of anne
International Agreements
• Berne Convention 1886   • WCT 1996
• Rome Convention 1961    • WPPT 1996
• Phonograms          ...
Australia – Federal CR Legislation
               1905
               1912
               1968
ICE TV – Purpose of Copyright
“*24+ In assessing the centrality of an author and authorship to the overall scheme
of the A...
WHAT IS
COPYRIGHT?
Expression
     (Not ideas)
     Originality
    Authorship
Fixed-MaterialForm
WORKS
ICE TV – French CJ, Crennan and
    Kiefel JJ- Idea/Expression
[28] Copyright does not protect facts or information. Copyr...
ICE TV – French CJ, Crennan and
      Kiefel JJ- Originality
[33] The requirement for copyright subsistence that a literar...
ICE TV – Gummow, Hayne and Heydon JJ –
         Authorship and Fixation
  [96] The first principle concerns the significan...
WORKS
literary works




Generic 2.0   Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870
dramatic works




Generic 2.0   Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642
musical works




Generic 2.0   A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210
artistic works


Generic 2.0   portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207
OTHER
SUBJECT
MATTER
films




Generic 2.0   16mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/423329167
sound recordings




Generic 2.0   Audio Technica ATH-M50 by CLF, http://flickr.com/photos/clf/3184796740
broadcasts


Generic 2.0   Kent Portable Tube AM Radio by alexkerhead, http://flickr.com/photos/alexkerhead/3607581577
published editions




Generic 2.0   Side by euphbass, http://flickr.com/photos/euphbass/3317710740
RIGHTS
WORKS
Reproduce
in a material
form




  Generic 2.0   Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos...
reproduce
publish




  Generic 2.0   The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/348954...
reproduce
publish
perform in public




  Generic 2.0   Red drapery by shaire productions, http://flickr.com/photos/shaire...
reproduce
publish
perform in public
perform
communicate to the public



  Generic 2.0   Toy sampling megaphone by altemar...
reproduce
publish
perform in public
perform
communicat
communicate to the public
e
adaptation (except artistic)


  Generi...
reproduce
publish
perform in public (l, d, m)
perform
communicat
communicate to the public
e
adaptation (except artistic)
...
S.O.T.W
   RIGHTS
(Sound recordings and films)
copy




 Generic 2.0   Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
copy
cause to be (seen/heard in public)




  Generic 2.0   Red drapery by shaire productions, http://flickr.com/photos/sh...
copy
perform (seen/heard in public)
communicate to the public




  Generic 2.0   Toy sampling megaphone by altemark, http...
copy
perform (seen/heard in public)
communicate to the public
(also commercial rental for sound recordings)




    Generi...
Generic 2.0   No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3...
automatic protection
registration not required
notification not required


  Generic 2.0 No unauthorised persons @ Troutbe...
OWNER
S.M.O.T.W = maker
(note: published editions)
works = author; employer




                  Generic 2.0 Desk Mine by Kitty...
Generic 2.0   Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495
Generic 2.0   Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084
PUBLIC
DOMAIN
Generic 2.0   Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226
WORKS = LIFE
 + 70 YEARS
Generic 2.0   Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http:...
S.M.O.T.W
Generic 2.0   Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
70 YEARS
Generic 2.0   Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
50 YEARS
Generic 2.0   Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
25 YEARS
Generic 2.0   Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
INFRINGEMENT
“Objective
   Similarity”
     “Casual
  Connection”
“Substantial Part”
Larrikin Music Publishing Pty Ltd v EMI Songs
     Australia Pty Limited [2010] FCA 29
“Kookaburra sits in the old gumtree...
Larrikin Music Publishing Pty Ltd v EMI Songs
     Australia Pty Limited [2010] FCA 29
“The principles upon which this cas...
Larrikin Music Publishing Pty Ltd v EMI Songs
     Australia Pty Limited [2010] FCA 29
“Mr Hay also accepted that for a pe...
Bright Tunes Music v. Harrisongs Music
    420 F. Supp. 177 (S.D.N.Y. 1976)
• George Harrison – My Sweet Lord (1971) – all...
SUBSTANTIAL
   PART
Generic 2.0   Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/
EXCEPTIONS
FAIR
DEALING
research or study (s40)




  Generic 2.0   That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920
research or study (s40)
criticism or review (s41)




  Generic 2.0 Cut my breath by batega, http://flickr.com/photos/bate...
research or study (s40)
criticism or review (s41)
parody or satire (s41A)




  Generic 2.0 Evil Dead Poster Parodies by j...
research or study (s40)
criticism or review (s41)
parody or satire (s41A)
reporting the news (s42)



  Generic 2.0 yester...
research or study (s40)
criticism or review (s41)
parody or satire (s41A)
reporting the news (s42)
legal advice (s43)


  ...
OTHER
 FREE USE
EXCEPTIONS
TIME
        DEVICE
       FORMAT
      SHIFTING
(ss111, 109A, 43C, 47J,
        110AA)
STATUTORY
LICENSING
COLLECTING
 SOCIETIES
ASSIGNMENT
Lennon/McCartney
• Rights to lyrics and music of Beatles – assigned
  to a publisher – authors take a royalty
• Publisher ...
VOLUNTARY
 LICENSING
MORAL
RIGHTS
CROWN
COPYRIGHT
 (Part VII)
VOLUNTARY
 LICENSING
(Traditional)
Generic 2.0   Internet Statement by altemark, http://www.flickr.com/photos/altemark/39593706/
OTHER
(LICENSING)
 OPTIONS?
OPEN
LICENSING
Generic 2.0   Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223
Generic 2.0   Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530
Generic 2.0   And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205
ALL RIGHTS
RESERVED
SOME RIGHTS
 RESERVED
ATTRIBUTION
(BY)
NON-
COMMERCIAL
(NC)
SHARE ALIKE
(SA)
NO
DERIVATIVE
 WORKS
(ND)
Australia 2.5   Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/l...
by

   by-nc
   by-sa
  by-nd
by-nc-sa
by-nc-nd
Attribution                           Attribution-ShareAlike




                   Attribution-Noncommercial            A...
LICENSEE
OBLIGATIONS
permission beyond the licence




  Generic 2.0   Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/imp...
permission beyond the licence
copyright notice




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr...
permission beyond the licence
copyright notice
notify of the licence




  Generic 2.0 Pegatinas Creative Commons by Jose ...
permission beyond the licence
copyright notice
notify of the licence
not restrict access with DRM



  Generic 2.0 Pegatin...
permission beyond the licence
copyright notice
notify of the licence
not restrict access with DRM
licence-specific restric...
LICENSEE
 RIGHTS
copy




 Generic 2.0   Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
copy
distribute




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
copy
distribute
display and publicly perform




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.c...
CC AS A
RESOURCE
Generic 2.0   Hollywood Blvd 03.04.2007 by bossco, http://flickr.com/photos/bossco/411694842
freesound.org
Generic 2.0   Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397
About 250 million CC
objects on the internet
Over 130 million
photos on Flickr alone
http://openchannel.org.au/blogs/videoslam/
http://www.pool.org.au/
Powerhouse Museum
• released 1500                                                                • 20x increased visitatio...
search.creative
 commons.org
Resource Tools
                  Sprixi.com
                  Idee.com -
http://labs.ideeinc.com/multicolr#colors=fde7
   ...
WHAT DO THE
 KEY TERMS
   MEAN?
NO
DERIVATIVE
 WORKS
WHAT IS A
DERIVATIVE
 WORK?
restricts changes




  Generic 2.0   Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/1579...
restricts changes
no remixing




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impul...
restricts changes
no remixing
no translation




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.c...
restricts changes
no remixing
no translation
note: syncing music



  Generic 2.0 Pegatinas Creative Commons by Jose Jimén...
NON-
COMMERCIAL
WHAT IS
COMMERCIAL
    ?
primarily intend for or




Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/15...
primarily intend for or
                                                                  directed towards




Generic 2.0...
primarily intend for or
                                                                directed towards
                 ...
primarily intend for or
                          directed towards
                     commercial advantage
            p...
SHARE ALIKE
LICENCE?
same licence
                                                                        future version
                      ...
ATTRIBUTION
HOW TO
ATTRIBUTE?
copyright notice




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/1579508...
copyright notice
creator’s name




  Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/imp...
copyright notice
creator’s name
others (eg publisher, journal)




  Generic 2.0 Pegatinas Creative Commons by Jose Jiméne...
copyright notice
creator’s name
others (eg publisher, journal)
licence (and hyperlink)




  Generic 2.0 Pegatinas Creativ...
copyright notice
creator’s name
others (eg publisher, journal)
licence (and hyperlink)
source (and hyperlink)


  Generic ...
copyright notice
creator’s name
others (eg publisher, journal)
licence (and hyperlink)
source (and hyperlink)
changes

  G...
REASONABLE
  TO THE
  MEDIUM
COPYRIGHT
  ONLY
LICENSING
    IN
Submission, Upload or Donor
              Agreements
• Make sure people have the rights
• One licence with the institution...
NLA – Click and Flick
‘While this is not a condition for contributing to this group,
we suggest you consider licensing you...
Fiona Hooton - NLA
Motivations
As the above Flickr group statement shows, the NLA adopts Creative Commons licensing in par...
LICENSING
    OUT
   YOUR
  WORK
DISTRIBUTION
   MODELS
Generic 2.0   IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
CC BY-NC-SA
 2.5 Brazil
Generic 2.0   IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2...
simultaneous release




Generic 2.0   IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/...
simultaneous release
                                                                      alternative endings




Generic...
simultaneous release
                                                               alternative endings
                  ...
simultaneous release
                                                               alternative endings
                  ...
Bruno Vianna, Director of Cafuné


       the tide of ‘big screen movie-
       and-popcorn’ enthusiasts did
       not ex...
Julia Levy, Group Estacão


       if there were no demand, the
       film would not have returned
       to the big scre...
engagemedia.org
Many of these videos address
       concerns that are largely
   ignored by other funding and
            distribution out...
Creative Commons provides a
       very usable framework for
    filmmakers … They can allow
   reproduction and distribut...
that leaves open the potential to
        recoup production funds
through commercial distribution
                   of th...
TRAILERS +
   RAW
 FOOTAGE
revver.com
CC BY-NC-ND
 2.5 Generic
Steven Starr, CEO of Revver


                we work with Creative
                 Commons to foster a
            commu...
cutyourown
scene.com
CC BY
Unported 3.0
the producer mentioned that
  they had a lot of great footage
  they weren’t able to use in the
        film – more than u...
… I suggested to him we not
 let it be wasted and we release
          it for anyone to mashup
                     and pl...
ROBERT
GREENWALD
Generic 2.0   RPPH0113.04 by Brave New Films, http://flickr.com/photos/walmartmovie/25346998
CC Sampling
  Plus 1.0
Generic 2.0   RPPH0113.04 by Brave New Films, http://flickr.com/photos/walmartmovie/25346998
archive.org
Robert Greenwald, Brave New Films


       …I learned how cumbersome
       and expensive it can be to
       license foot...
I could think of no better way to
     walk the talk myself than by
    releasing the interviews from
  Outfoxed and Uncov...
A SWARM OF
   ANGELS
Generic 2.0   Cory Doctorow by Joi, http://flickr.com/photos/joi/2196901054
CORY
DOCTOROW
Generic 2.0   Cory Doctorow by Joi, http://flickr.com/photos/joi/2196901054
Generic 2.0   Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
Generic 2.0   Little Brother (cover) by Cory Doctorow, http://craphound.com/littlebrother
Cory Doctorow


      Most people who download
      the book don't end up buying
      it, but they wouldn’t have
      b...
Cory Doctorow


      A tiny minority of downloaders
      treat the free e-book as a
      substitute for the printed
   ...
Cory Doctorow


    …a larger minority treat the
e-book as an enticement to buy
              the printed book.
          ...
30 000 downloads




Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
30 000 downloads
                                                                                24 hours




Generic 2.0 ...
30 000 downloads
                                                                                24 hours
                ...
30 000 downloads
                                                                                24 hours
                ...
30 000 downloads
                                                                                24 hours
                ...
Generic 2.0   Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
TRENT
         REZNOR
Generic 2.0   Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129...
NINE INCH
          NAILS
Generic 2.0   Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/...
United States 2.0   Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
9 tracks free download




  United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
9 tracks free download
36 tracks licensed




  United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.ni...
9 tracks free download
36 tracks licensed
5 payment options




  United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails...
9 tracks free download
36 tracks licensed
5 payment options
$300 ultra deluxe package




  United States 2.0 Ghosts I-Iv ...
9 tracks free download
36 tracks licensed
5 payment options
$300 ultra deluxe package
2500 units



  United States 2.0 Gh...
9 tracks free download
36 tracks licensed
5 payment options
$300 ultra deluxe package
2500 units
sold out in 30 hours


  ...
9 tracks free download
36 tracks licensed
5 payment options
$300 ultra deluxe package
2500 units
sold out in 30 hours
$1.6...
“The end result is a wildly varied body of music that we're able to present to
the world in ways the confines of a major r...
United States 2.0   The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
1.4 million downloads



United States 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
1.4 million downloads
                                                                       2 months


United States 2.0 ...
Many of these videos address concerns that are largely ignored
       by other funding and distribution outlets. . . Creat...
Beatpick
• ‘premium service’ model
• ‘Fairplay’ music label
• All music downloadable DRM free under Creative
  Commons BY-...
Generic 2.0 Yoko Ono by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890
CC
    in
Government
Australia




Image: Koala by Mark Pardew / Associated Press
http://www.ap.org/
Government
     2.0
 (Taskforce)
Government 2.0 Taskforce Report
Central recommendation: A declaration of open government by the Australian
   Government

...
Recommendation 6: Make public sector
   information open, accessible and reusable
6.1 By default Public Sector Information...
Venturous
  Australia
Cutler Review
Recommendation 7.7

Australia should establish a National Information
Strategy to optimise the flow of information in the
...
Recommendation 7.8


   Australian governments
 should adopt international
standards of open publishing
 as far as possibl...
Recommendation 7.14


 To the maximum extent practicable,
  information, research and content
 funded by Australian govern...
From the ABS website:
Creative Commons licensing is here!
The Australian Bureau of Statistics (ABS) has introduced Creativ...
Geoscience Australia (GA)
•   From November 2009 the GA.gov.au website is licensed under CC BY 2.5 AU
Government Information Licensing Framework
                  (GILF) (Qld)
Stage 2 Report recommendations:

2.1 That the Qu...
Victorian EDIC
          Report
•   Report of the Economic Development and
    Infrastructure Committee (EDIC) on the
    ...
Victorian EDIC Report
• The first in Australia to consider in depth the
  issue of access to PSI
EDIC Key Recommendations
• Recommendation 1: That the Victorian Government release a public
  statement indicating that it...
Victorian EDIC Report
• Recommendation 14:
• The Committee was asked to consider how flexible licensing
  systems would fa...
CC in Government - Spain
The Ministry of Justice in the Government of Catalonia in Spain has explained their adoption
of C...
Government Departments using CC
             ABS
             GA
             BOM
Generic 2.0 20081104_Indianpolis_IN_UAWGOTV0304 by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391
OPEN ACESS
TO RESEARCH
LEGAL
     VALIDITY
Jacobsen v. Katzer, 535 F.3d 1373
        (Fed. Cir. 2008)
CRITICISMS
MYTHS
Generic 2.0   IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
WHAT DO I
WANT TO
ACHIEVE?
HOW DO I
WANT TO
ENGAGE?
WHAT IS MY
 BUSINESS
 MODEL?
WHAT IS MY
CHARTER?
Bio
Professor Brian Fitzgerald BA (Griff) LLB (Hons) (QUT) BCL (Oxon.) LLM (Harv.) PhD
                                   ...
Thank you to the following people for their
assistance: Jessica Coates, Elliott Bledsoe,
Anne Fitzgerald, Kylie Pappalardo...
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
Creative Commons Licensing and Social Media
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Creative Commons Licensing and Social Media

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Prof. Brian Fitzgerald's presentation on Creative Commons Licensing and Social Media, at the SMCSYD's 8th Event; 'Who owns social content?'

Creative Commons Licensing and Social Media

  1. 1. Creative Commons (CC) Licensing Professor Brian Fitzgerald QUT Law Faculty/CCi
  2. 2. CC = COPYRIGHT
  3. 3. CC IS A COPYRIGHT LICENCE
  4. 4. WHY IS IT OF INTEREST TODAY?
  5. 5. copyright
  6. 6. COPYRIGHT
  7. 7. Generic 2.0 Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
  8. 8. gutenberg press Generic 2.0 Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
  9. 9. statute of anne
  10. 10. International Agreements • Berne Convention 1886 • WCT 1996 • Rome Convention 1961 • WPPT 1996 • Phonograms • AUSFTA 2004 Convention 1971 • WTO/TRIPS 1996
  11. 11. Australia – Federal CR Legislation 1905 1912 1968
  12. 12. ICE TV – Purpose of Copyright “*24+ In assessing the centrality of an author and authorship to the overall scheme of the Act, it is worth recollecting the longstanding theoretical underpinnings of copyright legislation. Copyright legislation strikes a balance of competing interests and competing policy considerations. Relevantly, it is concerned with rewarding authors of original literary works with commercial benefits having regard to the fact that literary works in turn benefit the reading public. [25] In both its title and opening recitals, the Statute of Anne of 1709 echoed explicitly the emphasis on the practical or utilitarian importance that certain seventeenth century philosophers attached to knowledge and its encouragement in the scheme of human progress. The "social contract" envisaged by the Statute of Anne, and still underlying the present Act, was that an author could obtain a monopoly, limited in time, in return for making a work available to the reading public.” IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14
  13. 13. WHAT IS COPYRIGHT?
  14. 14. Expression (Not ideas) Originality Authorship Fixed-MaterialForm
  15. 15. WORKS
  16. 16. ICE TV – French CJ, Crennan and Kiefel JJ- Idea/Expression [28] Copyright does not protect facts or information. Copyright protects the particular form of expression of the information, namely the words, figures and symbols in which the pieces of information are expressed, and the selection and arrangement of that information. That facts are not protected is a crucial part of the balancing of competing policy considerations in copyright legislation. The information/expression dichotomy, in copyright law, is rooted in considerations of social utility. Copyright, being an exception to the law's general abhorrence of monopolies, does not confer a monopoly on facts or information because to do so would impede the reading public's access to and use of facts and information. Copyright is not given to reward work distinct from the production of a particular form of expression. [29] These concepts are relevant to the determination, called for by the Act, of whether a part reproduced is a "substantial part" of a work in which copyright subsists.
  17. 17. ICE TV – French CJ, Crennan and Kiefel JJ- Originality [33] The requirement for copyright subsistence that a literary work be "original" was first introduced into the Copyright Act 1911 (Imp), although it had already been recognised at common law. Originality for this purpose requires that the literary work in question originated with the author and that it was not merely copied from another work. It is the author or joint authors who bring into existence the work protected by the Act. In that context, originality means that the creation (ie the production) of the work required some independent intellectual effort, but neither literary merit nor novelty or inventiveness as required in patent law. [34] There has been a long held assumption in copyright law that "authorship" and "original work" are correlatives; the legislation does not impose double conditions.
  18. 18. ICE TV – Gummow, Hayne and Heydon JJ – Authorship and Fixation [96] The first principle concerns the significance of "authorship". The subject matter of the Act now extends well beyond the traditional categories of original works of authorship, but the essential source of original works remains the activities of authors. While, by assignment or by other operation of law, a party other than the author may be owner of the copyright from time to time, original works emanate from authors. [102] The second principle is related to the first and concerns the requirement for the subsistence of copyright of "fixation" of the original work in a material form. It is well established that copyright does not subsist in a work unless and until the work takes some material form, so that protection: “does not extend to the ideas or information contained in the work and a balance is struck between the interests of authors and those of society in free and open communication".
  19. 19. WORKS
  20. 20. literary works Generic 2.0 Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870
  21. 21. dramatic works Generic 2.0 Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642
  22. 22. musical works Generic 2.0 A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210
  23. 23. artistic works Generic 2.0 portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207
  24. 24. OTHER SUBJECT MATTER
  25. 25. films Generic 2.0 16mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/423329167
  26. 26. sound recordings Generic 2.0 Audio Technica ATH-M50 by CLF, http://flickr.com/photos/clf/3184796740
  27. 27. broadcasts Generic 2.0 Kent Portable Tube AM Radio by alexkerhead, http://flickr.com/photos/alexkerhead/3607581577
  28. 28. published editions Generic 2.0 Side by euphbass, http://flickr.com/photos/euphbass/3317710740
  29. 29. RIGHTS WORKS
  30. 30. Reproduce in a material form Generic 2.0 Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
  31. 31. reproduce publish Generic 2.0 The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384
  32. 32. reproduce publish perform in public Generic 2.0 Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
  33. 33. reproduce publish perform in public perform communicate to the public Generic 2.0 Toy sampling megaphone by altemark, http://flickr.com/photos/altemark/337248947
  34. 34. reproduce publish perform in public perform communicat communicate to the public e adaptation (except artistic) Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878
  35. 35. reproduce publish perform in public (l, d, m) perform communicat communicate to the public e adaptation (except artistic) commercial rental (limited application) Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878
  36. 36. S.O.T.W RIGHTS (Sound recordings and films)
  37. 37. copy Generic 2.0 Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
  38. 38. copy cause to be (seen/heard in public) Generic 2.0 Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
  39. 39. copy perform (seen/heard in public) communicate to the public Generic 2.0 Toy sampling megaphone by altemark, http://flickr.com/photos/altemark/337248947
  40. 40. copy perform (seen/heard in public) communicate to the public (also commercial rental for sound recordings) Generic 2.0 Toy sampling megaphone by altemark, http://flickr.com/photos/altemark/337248947
  41. 41. Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
  42. 42. automatic protection registration not required notification not required Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
  43. 43. OWNER
  44. 44. S.M.O.T.W = maker (note: published editions) works = author; employer Generic 2.0 Desk Mine by Kitty de Medici, http://www.flickr.com/photos/kittieth/1370989416/
  45. 45. Generic 2.0 Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495
  46. 46. Generic 2.0 Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084
  47. 47. PUBLIC DOMAIN
  48. 48. Generic 2.0 Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226
  49. 49. WORKS = LIFE + 70 YEARS Generic 2.0 Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http://flickr.com/photos/dlisbona/1117569429
  50. 50. S.M.O.T.W Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
  51. 51. 70 YEARS Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
  52. 52. 50 YEARS Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
  53. 53. 25 YEARS Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
  54. 54. INFRINGEMENT
  55. 55. “Objective Similarity” “Casual Connection” “Substantial Part”
  56. 56. Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29 “Kookaburra sits in the old gumtree” (“Kookaburra”) is an iconic Australian round, written and composed in 1934 by Miss Marion Sinclair. It is a short musical work, being described and analysed for the purpose of this proceeding as consisting of only four bars. Two of those bars are reproduced in the 1981 recording of another iconic Australian composition, the pop song “Down Under” performed and recorded by the group Men at Work. The two bars are a part of the flute riff which was added to Down Under after it was first composed. The resemblance between the flute riff of Down Under and the two bars of Kookaburra did not come to the attention of the owner of the copyright in Kookaburra, Larrikin Music Publishing Pty Ltd (“Larrikin”), until 2007. Larrikin now claims that the 1981 recording of Down Under, as well as an earlier recording of that song and certain other works to which I will refer later, infringe its copyright in Kookaburra. “ AT *1+-[3] Also Trade Practices Act 1974 claims – misrepresentation
  57. 57. Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29 “The principles upon which this case turns were succinctly stated by Gibbs CJ in S. W. Hart at 472. His Honour observed that the notion of reproduction for the purpose of copyright law involves two elements: the first being resemblance to, and actual use of, the copyright work; and the second being a causal connection between the copyright work and the infringing work. His Honour explained the element of resemblance by quoting the words of Willmer LJ in Francis Day & Hunter at 614, namely that what is required is: a sufficient degree of objective similarity between the two works. Gibbs CJ also explained the second element by quoting from the same passage in Francis Day & Hunter in which Willmer LJ stated the requirement as: some causal connection between the plaintiffs’ and the defendants’ work. If these two elements are satisfied in the particular case, the question then arises as to whether the “infringer” has copied a substantial part of the copyright work. Gibbs CJ explained this requirement by quoting the words of Lord Reid in Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] 1 WLR 273 (“Ladbroke v William Hill”) at 276, in particular: .... the question whether he has copied a substantial part depends much more on the quality than on the quantity of what he has taken.” AT *32+-[35] ”The process by which the comparison is undertaken between the competing works involves three steps. The first is to identify the work in suit in which copyright subsists. The second is to identify in the allegedly infringing work the part that is said to have been derived or copied from the copyright work. The third is to determine whether the part taken is a substantial part of the copyright work: Metricon Homes v Barrett at [23]; Elwood Clothing Pty Ltd (ACN 079 393 696) v Cotton on Clothing Pty Ltd (ACN 052 130 462) (2008) 80 IPR 566 at *41+.” AT *60+
  58. 58. Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited [2010] FCA 29 “Mr Hay also accepted that for a period of about two or three years from around 2002, when he performed Down Under at concerts, he sometimes sang the words of Kookaburra at about the middle of Down Under, at the point at which he reached the flute line. “ AT *111+ “In my opinion, there is a sufficient degree of objective similarity between the bars of Kookaburra which are seen and heard in Down Under to amount to a reproduction of a part of Miss Sinclair’s round. The question of whether it is a reproduction of a substantial part of that work is a different question which I will address later.” AT *157+ “It is true that Kookaburra is a short work and that it is not reproduced in Down Under as a round. But it was not suggested by the respondents that Kookaburra is so simple or lacking in substantial originality that a note for note reproduction of the entire work was required to meet the “substantial part” test. Nor could any such submission be sustained. The short answer to the qualitative test is to be found in Mr Hay’s performance of the words of Kookaburra to the tune of the flute riff in Down Under. In my opinion, that was a sufficient illustration that the qualitative test is met. The reproduction did not completely correspond to the phrases of Kookaburra because of the separation to which I have referred. But Mr Hay’s performance of the words of Kookaburra shows that a substantial part was taken.” *226+ – [228]
  59. 59. Bright Tunes Music v. Harrisongs Music 420 F. Supp. 177 (S.D.N.Y. 1976) • George Harrison – My Sweet Lord (1971) – alleged to have been copied from Chiffons, He is So Fine (1962) • “Did Harrison deliberately use the music of He's So Fine? I do not believe he did so deliberately. Nevertheless, it is clear that My Sweet Lord is the very same song as He's So Fine with different words, and Harrison had access to He's So Fine. This is, under the law, infringement of copyright, and is no less so even though subconsciously accomplished.”
  60. 60. SUBSTANTIAL PART
  61. 61. Generic 2.0 Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/
  62. 62. EXCEPTIONS
  63. 63. FAIR DEALING
  64. 64. research or study (s40) Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920
  65. 65. research or study (s40) criticism or review (s41) Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878
  66. 66. research or study (s40) criticism or review (s41) parody or satire (s41A) Generic 2.0 Evil Dead Poster Parodies by jbcurio, http://flickr.com/photos/jbcurio/2593693627
  67. 67. research or study (s40) criticism or review (s41) parody or satire (s41A) reporting the news (s42) Generic 2.0 yesterdays news by chaosinjune, http://flickr.com/photos/cijmyjune/521661296
  68. 68. research or study (s40) criticism or review (s41) parody or satire (s41A) reporting the news (s42) legal advice (s43) Generic 2.0 Barrister Bear by Shiny Things, http://flickr.com/photos/shinythings/161216658
  69. 69. OTHER FREE USE EXCEPTIONS
  70. 70. TIME DEVICE FORMAT SHIFTING (ss111, 109A, 43C, 47J, 110AA)
  71. 71. STATUTORY LICENSING
  72. 72. COLLECTING SOCIETIES
  73. 73. ASSIGNMENT
  74. 74. Lennon/McCartney • Rights to lyrics and music of Beatles – assigned to a publisher – authors take a royalty • Publisher sells those rights to Michael Jackson in 1985 for $47 million • Jackson sells half share in those rights to Sony in 1995 for $95 million hts
  75. 75. VOLUNTARY LICENSING
  76. 76. MORAL RIGHTS
  77. 77. CROWN COPYRIGHT (Part VII)
  78. 78. VOLUNTARY LICENSING (Traditional)
  79. 79. Generic 2.0 Internet Statement by altemark, http://www.flickr.com/photos/altemark/39593706/
  80. 80. OTHER (LICENSING) OPTIONS?
  81. 81. OPEN LICENSING
  82. 82. Generic 2.0 Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223
  83. 83. Generic 2.0 Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530
  84. 84. Generic 2.0 And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205
  85. 85. ALL RIGHTS RESERVED
  86. 86. SOME RIGHTS RESERVED
  87. 87. ATTRIBUTION
  88. 88. (BY)
  89. 89. NON- COMMERCIAL
  90. 90. (NC)
  91. 91. SHARE ALIKE
  92. 92. (SA)
  93. 93. NO DERIVATIVE WORKS
  94. 94. (ND)
  95. 95. Australia 2.5 Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/licensing-flowchart
  96. 96. by by-nc by-sa by-nd by-nc-sa by-nc-nd
  97. 97. Attribution Attribution-ShareAlike Attribution-Noncommercial Attribution-Noncommercial-ShareAlike Attribution-NoDerivatives Attribution-Noncommercial-NoDerivatives AUSTRALIA part of the Creative Commons international initiative CRICOS No. 00213J
  98. 98. LICENSEE OBLIGATIONS
  99. 99. permission beyond the licence Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  100. 100. permission beyond the licence copyright notice Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  101. 101. permission beyond the licence copyright notice notify of the licence Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  102. 102. permission beyond the licence copyright notice notify of the licence not restrict access with DRM Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  103. 103. permission beyond the licence copyright notice notify of the licence not restrict access with DRM licence-specific restrictions Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  104. 104. LICENSEE RIGHTS
  105. 105. copy Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  106. 106. copy distribute Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  107. 107. copy distribute display and publicly perform Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  108. 108. CC AS A RESOURCE
  109. 109. Generic 2.0 Hollywood Blvd 03.04.2007 by bossco, http://flickr.com/photos/bossco/411694842
  110. 110. freesound.org
  111. 111. Generic 2.0 Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397
  112. 112. About 250 million CC objects on the internet Over 130 million photos on Flickr alone
  113. 113. http://openchannel.org.au/blogs/videoslam/
  114. 114. http://www.pool.org.au/
  115. 115. Powerhouse Museum • released 1500 • 20x increased visitation public domain • crowd-sourced metadata photographs to • unexpected discoveries Flickr Commons (eg locations) • „Play‟ worksheets • partnerships (eg ABC) available under CC • reduced costs for BY-NC Australian community (eg • encouraged CC for schools) „photo of the day‟ • didn‟t hurt sales • collection descriptions and promotional + data under CC other benefits Woman holding decorated bicycle, Phillips Glass Plate Negative Collection, = net +ve $ Powerhouse Museum, www.powerhousemuseum.com/ collection/database/collection=Phillips_Glass_Plate_Negative CRICOS No. 00213J
  116. 116. search.creative commons.org
  117. 117. Resource Tools Sprixi.com Idee.com - http://labs.ideeinc.com/multicolr#colors=fde7 75,84b3fc,6e4010,fded99
  118. 118. WHAT DO THE KEY TERMS MEAN?
  119. 119. NO DERIVATIVE WORKS
  120. 120. WHAT IS A DERIVATIVE WORK?
  121. 121. restricts changes Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  122. 122. restricts changes no remixing Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  123. 123. restricts changes no remixing no translation Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  124. 124. restricts changes no remixing no translation note: syncing music Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  125. 125. NON- COMMERCIAL
  126. 126. WHAT IS COMMERCIAL ?
  127. 127. primarily intend for or Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  128. 128. primarily intend for or directed towards Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  129. 129. primarily intend for or directed towards commercial advantage Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  130. 130. primarily intend for or directed towards commercial advantage private monetary compensation Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  131. 131. SHARE ALIKE
  132. 132. LICENCE?
  133. 133. same licence future version other country version Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  134. 134. ATTRIBUTION
  135. 135. HOW TO ATTRIBUTE?
  136. 136. copyright notice Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  137. 137. copyright notice creator’s name Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  138. 138. copyright notice creator’s name others (eg publisher, journal) Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  139. 139. copyright notice creator’s name others (eg publisher, journal) licence (and hyperlink) Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  140. 140. copyright notice creator’s name others (eg publisher, journal) licence (and hyperlink) source (and hyperlink) Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  141. 141. copyright notice creator’s name others (eg publisher, journal) licence (and hyperlink) source (and hyperlink) changes Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
  142. 142. REASONABLE TO THE MEDIUM
  143. 143. COPYRIGHT ONLY
  144. 144. LICENSING IN
  145. 145. Submission, Upload or Donor Agreements • Make sure people have the rights • One licence with the institution and another re the end user e.g. CC • Simply CC licence “in”
  146. 146. NLA – Click and Flick ‘While this is not a condition for contributing to this group, we suggest you consider licensing your images with a Creative Commons like “Attribution-NonCommercial”. Picture Australia selects Creative Common licensed images when producing audio visual displays for National events and festivals e.g.: National Folk Festival or the upcoming 2008 National Photography Festival. Because of the amount of work involved in rights clearing, it is not feasible to use "all rights reserved" images for audio visual display purposes. You can find further details about the 6 Creative Commons licenses on the Flickr Creative Commons page.’ http://wiki.creativecommons.org/Case_Studies/National_Library_of_Australia _'Click_and_Flick'
  147. 147. Fiona Hooton - NLA Motivations As the above Flickr group statement shows, the NLA adopts Creative Commons licensing in part because of the practical benefits it provides, by ensuring that the library has the rights it needs to harvest, maintain and promote the collection, while still allowing the individual to retain control over how their image is made available. In an interview published in the program of the iCommons iSummit 2006, Fiona Hooton, manager of PictureAustralia, indicated that the Creative Commons licences were first suggested by PictureAustralia's web manager for this reason. However, the NLA also has philosophical motivations for promoting Creative Commons. As Ms Hooton puts it, Creative Commons licensing ‘encourages content contributors to think in terms of a librarian keeping in mind the public benefit of providing maximum access to content as part of Australia’s national collection’. Ms Hooton has also indicated that the NLA’s decision to use Creative Commons licensing was in part motivated by the benefits open content licensing provides for the users of PictureAustralia. Because of the prohibitive cost of obtaining copyright clearances for such a large pool of material, most of the photographs available through PictureAustralia are listed as ‘all rights reserved’. Although a number of the participating institutions have general policies permitting ‘private and domestic’ use of their images, many pictures in the collection require permission to be sought from the owner institution for reproduction. By requiring creators who upload their own photographs through Flickr to open license their material from the outset, the NLA is hoping to ‘develop a pool of Creative Commons licenced *sic+ images which can be generally used without needing to seek additional permission’. <math>Insert formula here</math>
  148. 148. LICENSING OUT YOUR WORK
  149. 149. DISTRIBUTION MODELS
  150. 150. Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  151. 151. CC BY-NC-SA 2.5 Brazil Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  152. 152. simultaneous release Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  153. 153. simultaneous release alternative endings Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  154. 154. simultaneous release alternative endings 20 most-watched films Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  155. 155. simultaneous release alternative endings 20 most-watched films returned to cinemas Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  156. 156. Bruno Vianna, Director of Cafuné the tide of ‘big screen movie- and-popcorn’ enthusiasts did not exchange the box office lines for their computers
  157. 157. Julia Levy, Group Estacão if there were no demand, the film would not have returned to the big screen
  158. 158. engagemedia.org
  159. 159. Many of these videos address concerns that are largely ignored by other funding and distribution outlets. Anna Helme, http://creativecommons.org.au/commoners/engagemedia
  160. 160. Creative Commons provides a very usable framework for filmmakers … They can allow reproduction and distribution while preserving some rights Anna Helme, http://creativecommons.org.au/commoners/engagemedia
  161. 161. that leaves open the potential to recoup production funds through commercial distribution of their work. Anna Helme, http://creativecommons.org.au/commoners/engagemedia
  162. 162. TRAILERS + RAW FOOTAGE
  163. 163. revver.com
  164. 164. CC BY-NC-ND 2.5 Generic
  165. 165. Steven Starr, CEO of Revver we work with Creative Commons to foster a community that understands creator rights
  166. 166. cutyourown scene.com
  167. 167. CC BY Unported 3.0
  168. 168. the producer mentioned that they had a lot of great footage they weren’t able to use in the film – more than usual… Bronwen Clune, http://www.inquisitr.com/20350/world-first-cut-movie- footage-released-for-fan-mixing-under-creative-commons
  169. 169. … I suggested to him we not let it be wasted and we release it for anyone to mashup and play with Bronwen Clune, http://www.inquisitr.com/20350/world-first-cut-movie-footage- released-for-fan-mixing-under-creative-commons
  170. 170. ROBERT GREENWALD Generic 2.0 RPPH0113.04 by Brave New Films, http://flickr.com/photos/walmartmovie/25346998
  171. 171. CC Sampling Plus 1.0 Generic 2.0 RPPH0113.04 by Brave New Films, http://flickr.com/photos/walmartmovie/25346998
  172. 172. archive.org
  173. 173. Robert Greenwald, Brave New Films …I learned how cumbersome and expensive it can be to license footage from news organizations
  174. 174. I could think of no better way to walk the talk myself than by releasing the interviews from Outfoxed and Uncovered under a license that allows other filmmakers to use my material in new and creative ways Robert Greenwald, Brave New Films
  175. 175. A SWARM OF ANGELS
  176. 176. Generic 2.0 Cory Doctorow by Joi, http://flickr.com/photos/joi/2196901054
  177. 177. CORY DOCTOROW Generic 2.0 Cory Doctorow by Joi, http://flickr.com/photos/joi/2196901054
  178. 178. Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
  179. 179. Generic 2.0 Little Brother (cover) by Cory Doctorow, http://craphound.com/littlebrother
  180. 180. Cory Doctorow Most people who download the book don't end up buying it, but they wouldn’t have bought it in any event…
  181. 181. Cory Doctorow A tiny minority of downloaders treat the free e-book as a substitute for the printed book−those are the lost sales.
  182. 182. Cory Doctorow …a larger minority treat the e-book as an enticement to buy the printed book. They’re gained sales
  183. 183. 30 000 downloads Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
  184. 184. 30 000 downloads 24 hours Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
  185. 185. 30 000 downloads 24 hours 6 print runs Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
  186. 186. 30 000 downloads 24 hours 6 print runs 20+ formats Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
  187. 187. 30 000 downloads 24 hours 6 print runs 20+ formats 8 translations Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
  188. 188. Generic 2.0 Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
  189. 189. TRENT REZNOR Generic 2.0 Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
  190. 190. NINE INCH NAILS Generic 2.0 Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
  191. 191. United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  192. 192. 9 tracks free download United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  193. 193. 9 tracks free download 36 tracks licensed United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  194. 194. 9 tracks free download 36 tracks licensed 5 payment options United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  195. 195. 9 tracks free download 36 tracks licensed 5 payment options $300 ultra deluxe package United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  196. 196. 9 tracks free download 36 tracks licensed 5 payment options $300 ultra deluxe package 2500 units United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  197. 197. 9 tracks free download 36 tracks licensed 5 payment options $300 ultra deluxe package 2500 units sold out in 30 hours United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  198. 198. 9 tracks free download 36 tracks licensed 5 payment options $300 ultra deluxe package 2500 units sold out in 30 hours $1.6 million+ United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  199. 199. “The end result is a wildly varied body of music that we're able to present to the world in ways the confines of a major record label would never have allowed – from a 100% DRM-free, high-quality download, to the most luxurious physical package we've ever created.” – Trent Reznor United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
  200. 200. United States 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
  201. 201. 1.4 million downloads United States 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
  202. 202. 1.4 million downloads 2 months United States 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
  203. 203. Many of these videos address concerns that are largely ignored by other funding and distribution outlets. . . Creative Commons provides a very usable framework for filmmakers … They can allow reproduction and distribution while preserving some rights . . .that leaves open the potential to recoup production funds through commercial distribution of their work. – Anna Helm http://www.engagemedia.org/
  204. 204. Beatpick • ‘premium service’ model • ‘Fairplay’ music label • All music downloadable DRM free under Creative Commons BY-NC-SA licence • Sells ‘high quality’ downloads • Negotiates ‘commercial’ licences • Success story – “Memories Child” by Jamison Young (Australian musician) licensed for “The X-Files: I Want to Believe“ feature film • Has also licensed material for ads, video games, corporate events, political campaigns http://www.beatpick.com/
  205. 205. Generic 2.0 Yoko Ono by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890
  206. 206. CC in Government
  207. 207. Australia Image: Koala by Mark Pardew / Associated Press http://www.ap.org/
  208. 208. Government 2.0 (Taskforce)
  209. 209. Government 2.0 Taskforce Report Central recommendation: A declaration of open government by the Australian Government Accompanying the Government’s announcement of its policy response to this report, a declaration of open government should be made at the highest level, stating that: – using technology to increase citizen engagement and collaboration in making policy and providing service will help achieve a more consultative, participatory and transparent government – public sector information is a national resource and that releasing as much of it on as permissive terms as possible will maximise its economic and social value to Australians and reinforce its contribution to a healthy democracy – online engagement by public servants, involving robust professional discussion as part of their duties or as private citizens, benefits their agencies, their professional development, those with whom they are engaged and the Australian public. This engagement should be enabled and encouraged. The fulfilment of the above at all levels of government is integral to the Government’s objectives including public sector reform, innovation and using the national investment in broadband to achieve an informed, connected and democratic community.
  210. 210. Recommendation 6: Make public sector information open, accessible and reusable 6.1 By default Public Sector Information (PSI) should be: – free – based on open standards – easily discoverable – understandable – machine-readable – freely reusable and transformable. 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.
  211. 211. Venturous Australia Cutler Review
  212. 212. Recommendation 7.7 Australia should establish a National Information Strategy to optimise the flow of information in the Australian economy. The fundamental aim of a National Information Strategy should be to: – utilise the principles of targeted transparency and the development of auditable standards to maximise the flow of information in private markets about product quality; and – maximise the flow of government generated information, research, and content for the benefit of users (including private sector resellers of information).
  213. 213. Recommendation 7.8 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.
  214. 214. Recommendation 7.14 To the maximum extent practicable, 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. This should be done whilst the Australian Government encourages other countries to reciprocate by making their own contributions to the global digital public commons.
  215. 215. From the ABS website: Creative Commons licensing is here! The Australian Bureau of Statistics (ABS) has introduced Creative Commons (CC) licensing for the bulk of the content on this website. This will lessen the restrictions on the use of free data from the website considerably by changing the copyright from "all rights reserved" to "some rights reserved". In effect, what the ABS is asking is only that it be acknowledged as the source of the data. People are free to re-use, build upon and distribute our data, even commercially. This makes a wealth of data readily available to the community, researchers and business, facilitating innovative research and development projects based on quality statistics, and promoting the wider use of statistics in the community, which is one of our core objectives. This step has followed a process of investigation and consultation with various stakeholders including Commonwealth Government Agencies and the Creative Commons community of interest. The change was achieved through the release of a new copyright statement on 18 December 2008, and the addition of CC metadata to the footer of each page of the website on 19 December 2008. A document entitled Attributing material sourced from the ABS website is also provided. http://www.abs.gov.au/websitedbs/D3310114.nsf/4a256353001af3ed4b2562bb00121564/8b2bdbc1d45 a10b1ca25751d000d9b03?opendocument?
  216. 216. Geoscience Australia (GA) • From November 2009 the GA.gov.au website is licensed under CC BY 2.5 AU
  217. 217. Government Information Licensing Framework (GILF) (Qld) Stage 2 Report recommendations: 2.1 That the Queensland Government establish a policy position that, while ensuring that confidential, security classified and private information collected and held by government continues to be appropriately protected, enables greater use and re-use of other publicly available government data and facilitates data-sharing arrangements. 2.2 That the CC open content licensing model be adopted by the Queensland Government to enable greater use of publicly available government data and to support data-sharing arrangements. 2.5 That the Draft Government Information Licensing Framework toolkit, which incorporates the six iCommons (Creative Commons Australia) licences, be endorsed for use in pilot projects proposed for Stage 3, which involves Information Queensland, the Department of Natural Resources and Water, the Environmental Protection Agency, the Department of Primary Industries and Fisheries, the Office of Economic and Statistical Research of Queensland Treasury and the Queensland Spatial Information Council, enabling testing of the CC licences for multi-agency and whole-of-Government arrangements. http://www.qsic.qld.gov.au/
  218. 218. Victorian EDIC Report • Report of the Economic Development and Infrastructure Committee (EDIC) on the Inquiry into Improving Access to Victorian Public Sector Information and Data
  219. 219. Victorian EDIC Report • The first in Australia to consider in depth the issue of access to PSI
  220. 220. EDIC Key Recommendations • Recommendation 1: That the Victorian Government release a public statement indicating that it endorses open access as the default position for the management of its public sector information. • Recommendation 2: That the Victorian Government develop a whole-of- government Information Management Framework (IMF) with the following key features: – that the object of the IMF is to promote and facilitate increased access to and re-use of Victorian public sector information (PSI) by government, citizens, and businesses; – that the default position of the IMF be that all PSI is made available; – that the IMF define and describe criteria under which access to PSI may be restricted, or released under licence; – that PSI made available under the IMF be priced at no cost or marginal cost; and – that the IMF establish a systematic and consistent whole-of- government methodology for categorisation, storage and management of PSI.
  221. 221. Victorian EDIC Report • Recommendation 14: • The Committee was asked to consider how flexible licensing systems would facilitate reuse of government information • It recommended that the Victorian Government adopt the Creative Commons licensing model for the IMF. • The Committee formed the view that the economic and social benefits arising from the release of Victorian Government information at no cost will far outweigh the benefits of treating it as a commodity.
  222. 222. CC in Government - Spain The Ministry of Justice in the Government of Catalonia in Spain has explained their adoption of CC in the following way: “Nowadays the Internet is about sharing, co-producing, transforming and personalizing to create new products and services. To create, it is necessary to be able to make use of knowledge that already exists, without limits, and to share it afterwards. This is the philosophy of innovation that is now all-pervasive thanks to the democratization of technology. Creative Commons (CC) licenses are legal texts that allow authors to hand over some rights of their work for the uses they deem appropriate. So, these licences are an alternative for managing the author's copyright in a more flexible way. As a public Administration, the Ministry of Justice has decided to use CC licenses with the idea of turning over the knowledge created by the organization to the public so that it can be re-used. In this regard, CC licenses have been essential for this opening-up of knowledge. Thus, for each item of material or work, the most suitable license is chosen and applied to both digital and paper formats. The Ministry of Justice played a leading role by publishing in June 2007 the Administration’s first general-content work to be subject to a CC license. From the beginning, the Ministry has ensured that external authors of a work sign a cession of rights contract in favour of the Ministry of Justice in order to allow the Ministry to manage the author's copyright of the work appropriately through CC licenses.” See: http://communia-project.eu/node/111
  223. 223. Government Departments using CC ABS GA BOM
  224. 224. Generic 2.0 20081104_Indianpolis_IN_UAWGOTV0304 by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391
  225. 225. OPEN ACESS TO RESEARCH
  226. 226. LEGAL VALIDITY Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008)
  227. 227. CRITICISMS
  228. 228. MYTHS
  229. 229. Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
  230. 230. WHAT DO I WANT TO ACHIEVE?
  231. 231. HOW DO I WANT TO ENGAGE?
  232. 232. WHAT IS MY BUSINESS MODEL?
  233. 233. WHAT IS MY CHARTER?
  234. 234. Bio Professor Brian Fitzgerald BA (Griff) LLB (Hons) (QUT) BCL (Oxon.) LLM (Harv.) PhD (Griff) bf.fitzgerald@qut.edu.au Website at: http://www.law.qut.edu.au/staff/lsstaff/fitzgerald.jsp Brian Fitzgerald studied law at the Queensland University of Technology graduating as University Medallist in Law and holds postgraduate degrees in law from Oxford University and Harvard University. He is well known in the areas of Intellectual Property and Internet Law and has worked closely with Australian governments on facilitating access to public sector information. Brian is also a project lead and active member of the Creative Commons community. From 1998-2002 he was Head of the School of Law and Justice at Southern Cross University in New South Wales, Australia and from January 2002 – January 2007 was Head of the School of Law at QUT in Brisbane, Australia. Brian is currently a specialist Research Professor in Intellectual Property and Innovation at QUT and through his work with the ARC Centre of Excellence for Creative Industries and Innovation has been appointed as an Honorary Professor at the City University of London. In 2009 Brian was also appointed to the Australia Government’s “Government 2.0 Taskforce” by Ministers Tanner and Ludwig and to the Advisory Council on Intellectual Property (ACIP) by Minister Carr.
  235. 235. Thank you to the following people for their assistance: Jessica Coates, Elliott Bledsoe, Anne Fitzgerald, Kylie Pappalardo and Cheryl Foong
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