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CC and Government in Australia: Melbourne, 24 October 2013


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"CC and Government in Australia", presented by Neale Hooper (Creative Commons Australia) in Melbourne on 24 October 2013. Slides prepared by Professor Anne Fitzgerald, QUT Law Faculty.

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CC and Government in Australia: Melbourne, 24 October 2013

  1. 1. Neale Hooper, BA, LLB, LLM (UQ) Creative Commons Australia Melbourne 24 October 2013 © 2013 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.
  2. 2. Government (“Crown”) Copyright  Vast amounts of government copyright materials  Copyright applies to:  Informational works  Research outputs (reports, papers, databases)  Cultural materials  Public Sector Information (PSI) in a broad sense includes material that is:  created within government by government employees;  produced externally by recipients of government funding; or  prepared by non-government parties and lodged with government under a statutory obligation or regulatory direction. © 2013 Anne Fitzgerald..
  3. 3. Public sector components  Government  Federal  State  Local  Education  Secondary  Tertiary  Research  Publicly-funded research institutes  Government agencies e.g. CSIRO © 2013 Anne Fitzgerald..
  4. 4. Photographs, paintings, images, sculptures… (artistic works) Generic 2.0 ‘take the old machine’ by Angelo González,
  5. 5. Music, sound recordings, radio broadcasts… Generic 2.0 ‘I Giovani e la Musica’ by Super UbO,
  6. 6. Films, Videos, Theatre, TV broadcasts… (cinematograph films, dramatical works, television broadcasts) Generic 2.0 ‘Apollo 11 Video Restoration Press Conference / Newseum’ by NASA Goddard Space Flight Centre,
  7. 7. Blogs, books, articles, essays… (literary works, published editions of works) Generic 2.0 ‘_MG_0318’ by Zitona,
  8. 8. 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,
  9. 9. Creating information flows  Complexity of information pathways:  within government – among departments, agencies, different levels of government; between government and community:  from government to community; from community to government to community; from local to national to global  Problem of “licence logjams”  Copyright has been relied on by governments to control access (to prevent flow of information or to preserve commercial rights)  Often, there is no licence, so access/use/reuse rights are unknown – high transaction cost of negotiating new licences  Where licences exist, terms are incomprehensible or inconsistent  Promoting the flow of information requires appropriate policy frameworks and licensing practices © 2013 Anne Fitzgerald..
  10. 10. © all rights reserved
  11. 11. Creative Commons
  12. 12. Understanding the Creative Commons licences  a standardised system for licensing the use of copyright materials  a suite of 6 standardised licences  available in 3 forms: plain english (summary); legal code and machine-readable code  Each licence grants baseline permissions to users to use copyright material  that is, to copy, publish, distribute in digital form, publicly perform  whether the whole or a substantial part of it  on specified, standardised core conditions © 2013 Anne Fitzgerald..
  13. 13. Central elements of CC licences  Baseline Permissions  Core Conditions © 2013 Anne Fitzgerald..
  14. 14. Baseline Permissions  Fundamental baseline rights granted by all CC licences:  reproduce  distribute  publicly perform  On condition of Attribution  Additional baseline permission granted in 4 of the 6 CC licences to create Derivative Works and  reproduce  distribute  publicly perform the Derivative Work © 2013 Anne Fitzgerald..
  15. 15. Core Conditions Attribution (BY) – attribute the author, and no false attribution This applies to all CC licences Non Commercial (NC) – no “commercial use” (as defined) No Derivatives (ND) – no changes allowed to original work Share Alike (SA) – changes allowed, but new work is to be distributed under the same licence as the original work Note: ND and SA cannot be used together © 2013 Anne Fitzgerald..
  16. 16. Licence combinations © 2013 Anne Fitzgerald..
  17. 17. CC BY  Core condition:  Attribution (BY) – attribute the author/other specified party; do not falsely attribute authorship  Baseline Rights:  reproduce  distribute  publicly perform  create Derivative Works (and reproduce, distribute and publicly perform the Derivative Work) © 2013 Anne Fitzgerald..
  18. 18. Version 4.0 international licences  Produced following extensive consultation rounds with the CC community and CC Affiliate groups in numerous countries worldwide over more than 24 months (commenced October 2011)  CC Australia has been an active participant in the drafting of the CC 4.0 licences – including in discussions at the CC Global Summit in Buenos Aires in September 2013.  After 4 rounds of consultations and drafting, the CC 4.0 licences are close to public launch – currently draft 4, version 2.  Some key issues considered in the development CC 4.0:  Internationalisation  Warranties and customisation of licences  Sui generis database rights  Effective technological measures  Legal code (licence terms): SA attribution (simplification)  Various changes made in CC 4.0 to format, structure and the terminology used in the CC 3.0 licences, including CC 3.0 Australia licences.  NOTE: CC 4.0 licences do not contain an applicable law clause, unlike CC 3.0 licences, including the CC 3.0 Australia licences. For more information see:
  19. 19. I love A sunburnt country A land of sweeping plains Of ragged mountain ranges Of droughts and flooding rains. My Country, Dorothea McKellar (1904) … ‘ ‘Uluru at sunset’ by Richard Fisher,
  20. 20. Cyclone Larry – Far North Queensland (March 2006) Led to steps towards adoption of open content licensing (Creative Commons) as the default position for distribution of government copyright materials
  21. 21. Black Saturday Bushfires – Victoria (February 2009) Catalyst for the direct provision of raw data in open formats suitable for immediate reuse © 2013 Anne Fitzgerald..
  22. 22. Sam the Koala and David Tree Victorian bushfires, February 2009
  23. 23. Google Victorian Fire Map
  24. 24. Victorian Parliament Economic Development and Infrastructure Committee (EDIC) Improving Access to Victorian Public Sector Information and Data (2009) © 2012 Anne Fitzgerald..
  25. 25. Putting Innovation centre-stage: Review of the National Innovation System (Cutler review) 2008 Information flow is a central part of the innovation agenda The value of information/content is in its use/re-use
  26. 26. Venturous Australia (Cutler report, 2008) •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: •maximise the flow of government generated information, research, and content for the benefit of users (including private sector resellers of information). •A specific strategy for ensuring the scientific knowledge produced in Australia is placed in machine searchable repositories be developed and implemented using public funding agencies and universities as drivers. •Information, research and content funded by Australian governments – including national collections – should be made freely available over the internet as part of the global public commons, to the maximum extent possible. Open gate by chelmsfordblue (Nick)
  27. 27. Venturous Australia (Cutler report, 2008) 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.
  28. 28. OECD PSI Recommendation (2008)  the “Openness” principle states:  “Maximising the availability of public sector information for use and re-use based upon presumption of openness as the default rule to facilitate access and re-use. Developing a regime of access principles or assuming openness in public sector information as a default rule wherever possible no matter what the model of funding is for the development and maintenance of the information. Defining grounds of refusal or limitations, such as for protection of national security interests, personal privacy, preservation of private interests for example where protected by copyright, or the application of national access legislation and rules.”  the “Access and transparent conditions for re-use” principle states:  “Encouraging broad non-discriminatory competitive access and conditions for re-use of public sector information, eliminating exclusive arrangements, and removing unnecessary restrictions on the ways in which it can be accessed, used, re-used, combined or shared, so that in principle all accessible information would be open to re-use by all. Improving access to information over the Internet and in electronic form. Making available and developing automated on-line licensing systems covering reuse in those cases where licensing is applied, taking into account the copyright principle below.”
  29. 29. Gov 2.0 Taskforce – “Engage: getting on with Government 2.0” December 2009; Central recommendation: A declaration of open government by the Australian Government Recommendation 6: Make public sector information open, accessible and reusable [chapter 5, p 58] 6.1 By default, Public Sector Information (PSI) should be:       free based on open standards easily discoverable understandable machine-readable freely reusable and transformable. 6.2 PSI should be released as early as practicable and regularly updated to ensure its currency is maintained. 6.3 Consistent with the need for free and open reuse and adaptation, PSI released should be licensed under the Creative Commons BY standard as the default. © 2012 Anne Fitzgerald..
  30. 30. Commonwealth Government’s Statement of IP Principles (2010)  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.  An agency’s starting position when determining how to license its public sector information should be to consider Creative Commons licences ( or other open content licences.  Agencies should license their public sector information under a Creative Commons licence or other open content licence following a process of due diligence and on a case-by-case basis.  Before releasing public sector information, for which the Commonwealth is not the sole copyright owner, under a Creative Commons BY standard or another open content licence, an agency may need to negotiate with any other copyright owners of the material. © 2012 Anne Fitzgerald..
  31. 31. Office of Australian Information Commissioner – Principles on open public sector information (2011) 8 Open PSI principles published by OAIC in May 2011 - see nciples_on_psi_short.html  Principle 1 (Open access to information – a default position):  information held by Australian Government agencies is a valuable national resource and where “there is no legal need to protect the information it should be open to public access”  Principle 6 (Clear reuse rights):  releasing public sector information under open licensing terms enhances its economic and social value  the Creative Commons Attribution (CC BY) licence should be the default licensing condition when Australian Government agencies publish information online
  32. 32. Australian Government Attorney General’s IP Guidelines and IP Manual (2012)  In 2012, the Australian Government released two documents which implement the Statement of IP Principles for Australian Government Agencies:  Guidelines on Licensing Public Sector Information for Australian Government Agencies;  Intellectual Property Manual (IP Manual).  The IP Manual makes it clear that PSI should be released by default free of charge under a Creative Commons Attribution (CC BY) Australian licence by default. (Chapter 9 - “Sharing and Granting Public Access to IP”)  Agencies are now required to make licensing decisions about whether to use Creative Commons licences (or other open content licences) when publicly releasing their PSI. © 2012 Anne Fitzgerald..
  33. 33. Queensland IP Principles (2011)  Queensland Government IP Principles (revised 2011) endorse the use of CC licences and specify that the CC BY licence is the default licence, to be applied as a first choice unless there are clear indicators that the default licence is inappropriate in the circumstances: Clause 1.3: Creative Commons licensing of government copyright information  In assessing the appropriate licence to apply to public information, the Government Information Licensing Framework (GILF) mandates that: (a) agencies license their public sector copyright information using the Creative Commons least restrictive licence (i.e. the Attribution BY licence) as the default licence of preference following a process of due diligence assessment on a case-by-case basis. However this least restrictive licence may not always be the appropriate licence to use. © 2012 Anne Fitzgerald..
  34. 34. Queensland Premier’s message at  “So that people using our data can do so effectively, agencies must provide it in a standard way. Agencies will:  follow metadata standards  apply clear licences (preferably open licences such as Creative Commons)  assess and advise of data quality  outline any limitations on data use.”
  35. 35. How do people use CC licences?  To license out: use CC licences on copyright materials you create  enable others to find your material online through using the standard search 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  To license in: use copyright materials created by others that are distributed under CC licences  enable you to find their material online through using the standard search engines; give permission to you to lawfully use their material eg copy, 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 licence selected
  36. 36. CC licensed material  Creative Commons, The Power of Open, available at, licensed under CC BY,
  37. 37. CC BY SA Most of Wikipedia's text and many of its images are duallicensed under the Creative Commons AttributionSharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL) The small print: “ Text is available under the Creative Commons Attribution-Share Alike License; additional terms may apply. See Terms of Use for details ....” Information for text contributors to Wikimedia projects To grow the commons of free knowledge and free culture, all users contributing to Wikimedia projects are required to grant broad permissions to the general public to redistribute and re-use their contributions freely, as long as the use is attributed and the same freedom to re-use and re-distribute applies to any derivative works. Therefore, for any text you hold the copyright to, by submitting it, you agree to license it under the Creative Commons Attribution-ShareAlike 3.0 Unported License. For compatibility reasons, you are also required to license it under the GNU Free Documentation License. Re-users can choose the license(s) they wish to comply with. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms. As an author, you agree to be attributed in any of the following 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 an alternative, stable online copy which is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on this website, or c) through a list of all authors. (Any list of authors may be filtered to exclude very small or irrelevant contributions.)
  38. 38. Australian Government use of CC        Australian Bureau of Statistics (ABS) – since 2007/2008 Geoscience Australia (GA) – since 2008 Federal Treasury: Budget Papers - 2010, 2011, 2012 ComLaw Australian Parliament Numerous official reports – Federal and State governments Data portals      Note – adoption of CC pre-dated the Gov 2.0 Taskforce in 2009 and acceptance of its recommendations in 2010 Credits: Background photo by Matthew Knott, Tasmania © 2013 Anne Fitzgerald.. CC-BY-NC-SA,
  39. 39. AUSTRALIA
  40. 40. Geoscience Australia - Landsat 8 data  Landsat 8 satellite launched in 2013 - GA is making the satellite images publicly available free of charge, under a Creative Commons Attribution 3.0 Austalia licence (CC BY) to facilitate legal reuse of the images  data is beamed from Landsat 8 on a daily basis to GA-operated ground stations in Alice Springs and Darwin; as soon as possible after receipt and processing, GA will make the satellite images publicly available free of charge. Jeff Kingwell, Section Leader of GA’s National Earth Observation Group : Our experience is that using the Creative Commons Attribution Licence – which is the default licence for GA information – makes the data more useful and easier to apply. For example, to help the Indonesian government to monitor forest management, GA supplies Landsat data from a number of foreign data archives. Since we can apply the same licence conditions to each data source, the information is much more useful and easier to share and reuse. Example of a Landsat 7 image, CC BY 3.0 Au © 2013 Anne Fitzgerald.. © Geoscience Australia
  41. 41. AUSTRALIA
  42. 42.  2010 Federal Budget Papers licensed under CC Attribution 2.5 Australia  2011 and 2012 Federal Budget Papers under CC Attribution 3.0 Australia
  43. 43. Australian Electoral Commission  AEC applied the CC BY 3.0 Australia licence as a default licence for all the material on its website.  The AEC is responsible for conducting federal elections and referendums and maintaining the Commonwealth electoral roll. It also provides a range of electoral information and education programs and activities.  The AEC’s classroom resources page and publications page, which has a range of educational resources available under CC BY. There is also a range of translated information for people from non-English speaking backgrounds.
  44. 44. Atlas of Living Australia  See  funded by the Australian Government to develop an authoritative, freely accessible, distributed and federated biodiversity data management system – ALA is the Australian node of the Global Biodiversity Information Facility - see  encourages contributors to upload their materials under a CC licence via the system’s contribution form:  What license should I use?  The Atlas encourages the use of the latest version of the Creative Commons Australia licenses and our contribution forms are geared to this type of license. Other license terms can be used if you would prefer as long they grant the right to share the information.  See ALA Data Licensing FAQs at © 2013 Anne Fitzgerald..
  45. 45.
  46. 46. ABC “80 Days that Changed our Lives”  To celebrate ABC’s 80th anniversary , ABC released 22 files capturing historic moments on Wikimedia under CC BYSA  first collection of broadcast “packaged” footage released to Wikimedia Commons under a free license
  47. 47. 
  48. 48. “Visitors to this website agree to grant a nonexclusive, irrevocable, royal ty-free license to the rest of the world for their submissions to under the Creative Commons Attribution 3.0 License.”
  49. 49. World Bank – New OA Policy  “For work carried out by Bank staff, the policy applies to manuscripts and all accompanying data sets (a) that result from research, analysis, economic and sector work, or development practice; (b) that have undergone peer review or have been otherwise vetted and approved for release to the public; and (c) for which internal approval for release is given on or after July 1, 2012. …  Requires that manuscripts published through the Bank, be both free to access online through the Bank’s Open Knowledge Repository and free of restrictions on their use (libre OA) from the time of deposition of the content. These manuscripts shall be published under the CC BY license.”
  50. 50. World Bank – New OA Policy  Effective 1 July 2012   all research outputs published by the Bank be licensed under CC BY as a default.  For work created by Bank staff, the policy covers manuscripts and all accompanying data sets.  These OA publications will be made available through the Bank’s Open Knowledge Repository.
  51. 51. Office of the Australian Information Commissioner (OAIC) Survey (2012)  The OAIC applies the Open PSI Principles in its role of     monitoring compliance by Australian Government agencies with the publication objectives of the Freedom of Information Act 1982 (Cth) (FOI Act) In 2012, OAIC commissioned a survey of Australian Government agencies to understand their practices in managing and publishing PSI Survey conducted online between 30 April and 11 May 2012 (extended deadline to 17 May 2012) Provides some important data on the implementation of the Open PSI Principles The first examination of the use of CC licensing by Government agencies in giving effect to open government strategies
  52. 52. OAIC Survey findings Challenge of implementing open licensing  Of 191 agencies responding only 8.8% said that Principle 6 (clear reuse rights) was the most challenging to implement in practice  The most challenging aspects were:  transitioning to CC BY as the default position (53.3%)  determining an appropriate open licence (20%)  Principle 6 ranked 4th in difficulty of implementation among the PSI Principles  By contrast, 28.2% of respondents ranked Principle 1 (open access to information as a default position) as the most challenging PSI Principle to implement
  53. 53. OAIC Survey findings Current or intended adoption of open licensing for PSI  57.6% of agencies were already using the CC BY licence or another open content licence as the default or intended to do so within 12 months  28.3% were already using CC BY as the default licence  4.7% were using some other licence – not clear what licence/s are being used by this group  24.6% indicated they intended to adopt CC BY or another open content licence as the default within the next 12 months
  54. 54. OAIC Survey findings Amount of PSI published under open licensing terms  48% of agencies had released all, most or at least some of their PSI under open licensing terms  In the last 12 months, 24.6% had published all or most of their PSI under open licensing terms that permitted reuse  8.9% provided all their published PSI under open licensing terms; 15.7% published most of their PSI under these terms  A further 23% of agencies published at least some of their PSI under open licensing terms  Only 16.9% had not used open licensing at all
  55. 55. OAIC Survey Conclusions  The OAIC Survey shows that Australian Government agencies are embracing open access and a proactive disclosure culture  Open licensing under CC (especially CC BY) is increasingly prevalent  But, there is a need to further develop the policy framework and principles governing information access and reuse
  56. 56. OAIC Survey Conclusions  But, the OAIC Survey findings highlight the need for further work on the development of a [comprehensive, national] information policy or strategy – as was recommended in the National Innovation System review (Venturous Australia) in 2008  Open licensing strategies (based on CC) can be used to advance open government objectives but should operate in the context of a well-developed policy framework
  57. 57. OAIC Survey Conclusions  The OAIC Survey also shows the need for:  practical guidance and tools to assist in the implementation of open government information policy and open licensing  Leadership, resources and training – more important for smaller agencies (which lack the knowledge and experience that has developed in the largest agencies)
  58. 58. OER and MOOCs
  59. 59. 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 to develop, use and distribute content, and implementation resources such as open licences.’  OECD, “Giving Knowledge for Free: The Emergence of Open Educational Resources”, OECD, Paris, 2007, at p 38, available at © 2013 Anne Fitzgerald..
  60. 60. Reuse, remix, distribution are at the heart of OER  The OpenCourseWare Consortium identifies the relevant acts that need to be able to be performed with OER as “the 4 R’s”  Reuse: using the work verbatim;  Rework: altering or transforming the work;  Remix: combining the verbatim or altered work with other works; and  Redistribute: share the verbatim work, the reworked work, or the remixed work with others. © 2013 Anne Fitzgerald..
  61. 61. Trade Adjustment Assistance Community College and Career Training Grant Program (TAACCCT): US $2 billion in funding provided under federal education fund to create OER resources for use in community colleges P062311PS-0339 by The White House (US Government Work)
  62. 62. TAACCCT  The first round of grants (Wave 1) awarded nearly $500 million in 2011, and the second round (Wave 2), announced on 27 February 2012, made another $500 million available to eligible higher education institutions.  Wave 1 - materials produced must be distributed under a CC BY licence.  Wave 2 - the CC BY license must also be applied to modifications made to pre-existing, grantee-owned content using grant funds. © 2013 Anne Fitzgerald..
  63. 63. California digital textbooks project  Legislative implementation of OER policy  In September 2012, California Governor Jerry Brown signed two bills providing for the creation of free, openly licensed digital textbooks for the 50 most popular lower-division college courses offered by California colleges.  A crucial component of the California legislation is that the textbooks developed will be made available under the Creative Commons Attribution license (CC BY). © 2013 Anne Fitzgerald..
  64. 64. Khan Academy
  65. 65. Khan Academy – Terms of Service 7. Licensed Educational Content.  7.1 …Unless otherwise indicated, all Licensed Educational Content is the property of Khan Academy or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to You under the Creative Commons AttributionNonCommercial-ShareAlike 3.0 United States License (available at (the “Creative Commons License”). … © 2013 Anne Fitzgerald..
  66. 66. Advantages of using CC  Discoverability and retrieval of CC materials by search engines (CC machine readable code)  Explicit statement of re-use rights: information provided upfront to users about what they CAN do with the material  Standard, internationally recognised icons depict the licence conditions – surmounts language barriers  Facilitates legal re-mix and re-use of CC-licensed materials  Identification and attribution of the creator/owner of the licensed material  Licences have been held to be valid and enforceable by courts © 2013 Anne Fitzgerald..
  67. 67. Advantages of CC in the public sector  mirrors the fundamental purpose for recognising copyright in government materials  supports government’s open access policy objectives – contributes to the body of publicly funded content available for innovative reuse  clear statement about the source of the data (attribution/provenance) – increased user confidence  avoids financial and technical lock-up of taxpayer-funded materials © 2013 Anne Fitzgerald..
  68. 68. CC & Government Guide CC & Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials Anne Fitzgerald, Neale Hooper & Cheryl Foong (2011) <> <> © 2013 Anne Fitzgerald.. Townsville Tripping by Rob and Stephanie Levy
  69. 69. Thank you  Professor Anne Fitzgerald:  Neale Hooper:  For further information, see:  Creative Commons Australia –  Creative Commons International –  Twitter: @ccAustralia @eduCCau @govCCau  Facebook:  Presentations:  Slideshare –  Access to Public Sector Information –  Publications: (,_Anne.html) © 2013 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.