Opening up government copyright
materials for access and reuse:
developments in policy and practice
Neale Hooper
Going Dig...
Australian Government’s Budget 2014-2015
• Since the 2010-2011 Budget, all Budget Papers (1-4), Budget
Overview, Portfolio...
Australian Government’s ongoing commitment to
open access to government information - benefits
• The release of the 2014-2...
Government and copyright
• Copyright protects much of the creative, cultural, educational,
scientific and informational ma...
Uptake of CC through diversity of sectors
• Although CC had its origins in the creative and cultural sector, the licences
...
Steps toward CC adoption by government
• Increasing demand by citizens, business and the public sector itself to
be able t...
Steps toward CC adoption by government
• Traditional/existing models of information management and
copyright licensing wer...
Licence combinations
Licence combinations – standard representation
Attribution 3.0 Australia (BY)
<http://creativecommons.org/licenses/by/3.0/...
Government - Open data initiatives
• Big data /open government/ open data – see http://www.theguardian.com/public-
leaders...
Data.gov.au
"Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale...
Open Data – City of Hobart Road Formation
datasets – February 2014
• These datasets prepared by the Council are part of th...
City of Hobart Road Formation datasets
"Opening up government copyright materials for access and reuse: developments in po...
Other City of Hobart datasets on data.gov.au
"Opening up government copyright materials for access and reuse: developments...
State Government Open Data portals
• Queensland – data.qld.gov.au
• South Australia – data.sa.gov.au
• Victoria – data.vic...
City of Melbourne Council and Open Data
• In May 2014, the City of Melbourne Council launched its pilot open
data platform...
Early government adopters of CC licensing
• Since 2008, Government departments and agencies Australia-wide
have progressiv...
Further examples of CC licensing by
government
• Australian parliament
• ComLaw – Australian government legislation
"Openi...
Acceptance of CC licence as the default licence for
Australian Government copyright materials
• The adoption of CC licensi...
CC BY as the default licensing option
• The release of Government copyright materials under the CC BY
licence as the defau...
CC BY as the default licensing option (cont’d)
• the IP Manual,
• the Guidelines for Licensing Public Sector Information f...
Intergovernmental organisations (IGOs) adopt
CC
• IGO’s:
• UNESCO (UN Education Science and Cultural Organisation)
• World...
International Examples
• White House website applies the CC BY (US) licence to all materials
posted to its website by US c...
International Examples (cont’d)
• The Austrian government in 2012 launched an open data portal with
much of its data avail...
Polar Information Commons
"Opening up government copyright materials for access and reuse: developments in policy and prac...
Polar Information Commons – uses CC licences
"Opening up government copyright materials for access and reuse: developments...
Polar Information Commons – rights and badging
API
"Opening up government copyright materials for access and reuse: develo...
Further reading
• CC and Government Guide: Using Creative Commons 3.0 Australia Licences on Government
Copyright Materials...
Presenter Information
Neale Hooper BA LLB LLM (Qld) is a legal consultant and former
Principal Lawyer in the Intellectual ...
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Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright materials for access and reuse: developments in policy and practice""

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Presentation "Opening up government copyright materials for access and reuse: developments in policy and practice", presented by Neale Hooper at the "Going Digital - Law for the Digital Economy" seminar in Hobart, Tasmania, Australia, on 27 June 2014.

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Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright materials for access and reuse: developments in policy and practice""

  1. 1. Opening up government copyright materials for access and reuse: developments in policy and practice Neale Hooper Going Digital – Law for the Digital Economy 27 June 2014, Hobart "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 1
  2. 2. Australian Government’s Budget 2014-2015 • Since the 2010-2011 Budget, all Budget Papers (1-4), Budget Overview, Portfolio Budget Statements and Treasurer’s Budget Speech in each year have been published under Creative Commons Attribution 3.0 Australia (CC BY) licence. • In 2014-2015 for the first time tables and data from the Budget Papers and Portfolio Budget Statements were also made available in the form of Excel (xlss) and machine readable CSV files on the Australian Government’s data.gov.au portal • These tables were also provided under a CC BY 3.0 Australian licence "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 2
  3. 3. Australian Government’s ongoing commitment to open access to government information - benefits • The release of the 2014-2015 Budget documents in both text and data form under the CC BY licence - • enhances access to Budget information by the public and the media • makes it much easier for the information to be shared, analysed and represented visually "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 3
  4. 4. Government and copyright • Copyright protects much of the creative, cultural, educational, scientific and informational material generated by federal and state/territory governments and their various departments and agencies • Government functions result in a vast and diverse array of copyright materials, eg legislation, parliamentary documents, cultural and historical materials, databases of statistical, mapping, meteorological and scientific data, official reports and publications and archived public records "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 4
  5. 5. Uptake of CC through diversity of sectors • Although CC had its origins in the creative and cultural sector, the licences have been embraced by and are increasingly being used across a diversity of sectors including: • the creative industries • cultural heritage institutions • education • research • Industry • science • government • intergovernmental organisations. During the decade since they were first launched, the CC licences have proven to be an effective and simple mechanism to facilitate sharing and collaborative production of content in the digital environment. "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 5
  6. 6. Steps toward CC adoption by government • Increasing demand by citizens, business and the public sector itself to be able to access, use and reuse government information and materials • Web 2.0 technologies spurred Gov 2.0 initiatives as government responded to calls for greater openness, transparency and accountability • Growing awareness of the centrality of government information to innovation and public policy. • Acknowledgement of need to address the challenges presented to government, as owner, user and custodian of copyright material in the digital age "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 6
  7. 7. Steps toward CC adoption by government • Traditional/existing models of information management and copyright licensing were not realising the potential offered by the networked environment • Pricing practices and multiple (often incompatible) licences created a gridlock and blocked the flow of government information • Copyright used to restrict access to information, acting as a barrier to innovation and new opportunities for reuse "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 7
  8. 8. Licence combinations
  9. 9. Licence combinations – standard representation Attribution 3.0 Australia (BY) <http://creativecommons.org/licenses/by/3.0/au/> Attribution 4.0 (BY) <http://creativecommons.org/licenses/by/4.0/> Attribution No Derivatives 3.0 Australia (BY-ND) <http://creativecommons.org/licenses/by-nd/3.0/au/> Attribution No Derivatives 4.0 (BY-ND) <http://creativecommons.org/licenses/by-nd/4.0/> Attribution NonCommercial 3.0 Australia (BY-NC) <http://creativecommons.org/licenses/by-nc/3.0/au/> Attribution NonCommercial 4.0 (BY-NC) <http://creativecommons.org/licenses/by-nc/4.0/> Attribution NonCommercial No Derivatives 3.0 Australia (BY-NC-ND) <http://creativecommons.org/licenses/by-nc-nd/3.0/au/> Attribution NonCommercial No Derivatives 4.0 (BY-NC-ND) <http://creativecommons.org/licenses/by-nc-nd/4.0/> Attribution NonCommercial Share Alike 3.0 Australia (BY-NC-SA) <http://creativecommons.org/licenses/by-nc-sa/3.0/au/> Attribution NonCommercial Share Alike 4.0 (BY-NC-SA) <http://creativecommons.org/licenses/by-nc-sa/4.0/> Attribution Share Alike 3.0 Australia (BY-SA) <http://creativecommons.org/licenses/by-sa/3.0/au/> Attribution Share Alike 4.0 (BY-SA) <http://creativecommons.org/licenses/by-sa/4.0/> "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 9
  10. 10. Government - Open data initiatives • Big data /open government/ open data – see http://www.theguardian.com/public- leaders-network/2014/apr/15/big-data-open-data-transform-government • The Australian government provides open access to government information that can be legally provided to the public, with “value-adding public data sets” being published on its data.gov.au portal • These public data sets are also being distributed under a Creative Commons licence, with the CC BY being the default licensing position – ensuring the data may not only be accessed but also lawfully used, shared and reused • Since 2008, Government departments and agencies Australia-wide have progressively applied CC licences when distributing their information and data "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 10
  11. 11. Data.gov.au "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 11
  12. 12. Open Data – City of Hobart Road Formation datasets – February 2014 • These datasets prepared by the Council are part of the City of Hobart’s Detail Plan map series • The datasets which show the kerbs and edges of road formations of roads within the municipal area (excluding formations on private property) were published in February 2014 through the Australian government’s data.gov.au under a CC BY licence • The datasets are provided under various machine readable formats eg kmz, shp, CSV, GeoJSON which enable easy use and manipulation of the information "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 12
  13. 13. City of Hobart Road Formation datasets "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 13
  14. 14. Other City of Hobart datasets on data.gov.au "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 14
  15. 15. State Government Open Data portals • Queensland – data.qld.gov.au • South Australia – data.sa.gov.au • Victoria – data.vic.gov.au • New South Wales - data.nsw.gov.au • All these portals/websites provide their datasets under CC licences as does the Australian government through its data.gov.au "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 15
  16. 16. City of Melbourne Council and Open Data • In May 2014, the City of Melbourne Council launched its pilot open data platform which it intends to use to engage with its citizens to continue to improve the platform. The platform provides citizens with access to, and the legal right to reuse, machine-readable data which are available under the open licence, CC BY 3.0. "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 16
  17. 17. Early government adopters of CC licensing • Since 2008, Government departments and agencies Australia-wide have progressively applied CC licences when distributing their information and data • Australian government departments responsible for important data collections which were early adopters of CC licensing – • Geoscience Australia • Australian Bureau of Statistics • Bureau of Meteorology "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 17
  18. 18. Further examples of CC licensing by government • Australian parliament • ComLaw – Australian government legislation "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 18
  19. 19. Acceptance of CC licence as the default licence for Australian Government copyright materials • The adoption of CC licensing on material released for public information by Australian governments was first formally recommended by the National Innovation System review committee in Venturous Australia – Building Strength in Innovation (2008) • This was followed by the Victorian Parliament’s Economic Development and Infrastructure Committee in its report on its Inquiry into Improving Access to Victorian Public Sector Information and Data (2009) "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 19
  20. 20. CC BY as the default licensing option • The release of Government copyright materials under the CC BY licence as the default licensing option was recommended by the Government 2.0 Taskforce (chaired by Dr Nick Gruen) in its report, Engage: Getting on with Government 2.0 in 2009 • This recommendation was adopted by the Commonwealth Government in 2010 and has been implemented in - • the IP (Intellectual Property) Principles for Australian Government Agencies, which state in Principle 11(b): • Consistent with the need for free and open re-use and adaptation, public sector information should be licensed by agencies under the Creative Commons BY standard as the default "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 20
  21. 21. CC BY as the default licensing option (cont’d) • the IP Manual, • the Guidelines for Licensing Public Sector Information for Australian Government Agencies, and • the Principles on Open Public Sector Information issued by the Australian Privacy Commissioner in 2011. "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 21
  22. 22. Intergovernmental organisations (IGOs) adopt CC • IGO’s: • UNESCO (UN Education Science and Cultural Organisation) • World Bank • IMF (International Monetary Fund) • A slight variant on the 6 standard CC licences has been developed recently for use by intergovernmental organisations in relation to their publications and other copyright materials. • These IGO versions of the 6 CC licences contain a mediation clause which may be activated by an IGO to facilitate resolution of differences between an IGO licensor and a licensee. • UNESCO announced in December 2013 that its new Open Access Repository makes more than 300 digital reports, books and articles available to the world under the Creative Commons IGO licences "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 22
  23. 23. International Examples • White House website applies the CC BY (US) licence to all materials posted to its website by US citizens and others • The French Ministry of Culture announced in 2014 that it was sharing its two flagship websites under CC BY SA, culturecommunication.gouv.fr and culture.fr. • Philippines Laws and Jurisprudence Databank. The collection was recently licensed in 2014 under a CC BY NC 3.0 Philippines licence. Statutes, Issuances and Court Decisions are the copyright works of the Philippine Government. "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 23
  24. 24. International Examples (cont’d) • The Austrian government in 2012 launched an open data portal with much of its data available under CC BY. • Italian Ministry of Education, University and Research launched its Open Data portal which makes much of its data available under CC BY. • Italian Chamber of Deputies had developed a platform for publishing linked open data under CC BY SA. "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 24
  25. 25. Polar Information Commons "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 25
  26. 26. Polar Information Commons – uses CC licences "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 26
  27. 27. Polar Information Commons – rights and badging API "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 27
  28. 28. Further reading • CC and Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials, Anne Fitzgerald, Neale Hooper and Cheryl Foong, available at http://eprints.qut.edu.au/38364/20/CC_and_Govt_Guide_v3.2_110316_Final.pdf • Explainer: Creative Commons, Anne Fitzgerald and Neale Hooper, The Conversation, 19 December 2013, available at http://theconversation.com/explainer-creative-commons-21341 • Budget Papers are free to share, thanks to Creative Commons, Anne Fitzgerald and Neale Hooper, The Conversation, 26 May 2014, available at http://theconversation.com/budget-papers-are-free- to-share-thanks-to-creative-commons-26900 • Various articles on CC licences and Government at http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html • http://eprints.qut.edu.au/32117/ • http://eprints.qut.edu.au/29773/ • Creative Commons Australia website at http://creativecommons.org.au • Slideshare at http://www.slideshare.net/ccaustralia and http://www.slideshare.net/GoingDigital "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 28
  29. 29. Presenter Information Neale Hooper BA LLB LLM (Qld) is a legal consultant and former Principal Lawyer in the Intellectual Property and Technology Law team in the Queensland Crown Law Office. Neale holds undergraduate and graduate degrees in Law from the University of Queensland. He has considerable experience as a legal practitioner, consultant and researcher in the area of intellectual property and innovation law, and technology commercialisation. From 2005, Neale has been centrally involved with Creative Commons Australia and has played a leading role in the implementation of Creative Commons licensing – particularly in the government sector – as well as the revision and ongoing management of the licences. "Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/. 29

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