Professor Anne Fitzgerald                                                         Professor of Law Research,              ...
What is Creative Commons? a standardised system for licensing the use of  copyright materials a suite of 6 standardised ...
Central elements of CC licences Baseline Permissions Core Conditions  © 2012 Anne Fitzgerald..
Baseline Permissions Fundamental baseline rights granted by all CC licences:    Reproduce    Distribute    Publicly pe...
Core Conditions              Attribution (BY) – attribute the author, and no false attribution              This applies t...
Licence combinations  © 2012 Anne Fitzgerald..
CC BY Core condition:    Attribution (BY) – attribute the author, and no false     attribution Baseline Rights:    Rep...
How do people use CC? Licensing out: use CC on copyright materials you create    enable others to find your material onl...
Open Access to research Open Access movement began in 1990s with concerns  about access to research data (eg human genome...
Constructing openness Information management plan/strategy OA policy – defines the degree of openness    See for exampl...
Open Access to research Bermuda Principles (1996) - endorsed by the  participants at the international strategy meeting o...
Budapest Open Access Initiative (2002)   The literature that should be freely accessible online is that which scholars gi...
SPARC www.arl.org/sparc     How Open Is It? Open Access Spectrum (draft 2012)http://www.plos.org/wp-content/uploads/2012/...
Open Access publishing: the Green andGold roads Green OA    authors make their articles (usually in the form of “accepte...
Gold OA consistent with CC PloS One (OA journal, reportedly the world’s largest scholarly journal  by volume)    Public ...
ANU’s IP Policy(1 July 2010) http://policies.anu.edu.au/policies/intellectual_property/policy   Part 4 - Section 14. "Open...
QUT’s IP Policy: Scholarly works(22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp 3.1.5 Ownership of copyright  In ...
NHMRC policy on access to data Current policy encourages open access to data:    NHMRC … encourages researchers to consi...
Joint Statement on Data Sharing ofPublic Health Research NHMRC is a signatory to the Joint Statement on Data  Sharing of ...
Open Educational Resources (OER) OER (schools, tertiary sector – TAFE, universities etc)   Curricula   courseware   te...
The concept of “OER” The OECD defines OER as:    ‘digitised materials    offered freely and openly    for educators, s...
The concept of “OER” UNESCO and the Commonwealth of Learning (COL) define OER as:   ‘teaching, learning or research mate...
The concept of “OER” The Cape Town Open Education Declaration states that OER:   ‘should be freely shared   through ope...
MOOC ≠ OER David Wiley:     “There are a number of reasons why the term MOOC is a misnomer.        - Many MOOCs are massi...
MIT OpenCourseware Global adoption and influence:    Taiwan       Opensource OpenCourseWare Prototype System (OOPS)    ...
Khan Academy
Khan Academy - ToS7. Licensed Educational Content. 7.1 …Unless otherwise indicated, all Licensed Educational Content  is ...
Trade Adjustment Assistance Community Collegeand Career Training Grant Program (TAACCCT):US $2 billion in funding provided...
TAACCCT The first round of grants (Wave 1) awarded nearly $500  million in 2011, and the second round (Wave 2),  announce...
California digital textbooks project Legislative implementation of OER policy In September 2012, California Governor Jer...
Some background reading: Open Accessto Knowledge Law (OAK Law) and LegalFramework for e-research ProjectSee: http://www.au...
Thank you Professor Anne Fitzgerald QUT Law School Publications  (http://eprints.qut.edu.au/view/person/Fitzgerald,_A  ...
Using Creative Commons licences to provide Open Access in the education and research sectors
Using Creative Commons licences to provide Open Access in the education and research sectors
Using Creative Commons licences to provide Open Access in the education and research sectors
Using Creative Commons licences to provide Open Access in the education and research sectors
Using Creative Commons licences to provide Open Access in the education and research sectors
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Using Creative Commons licences to provide Open Access in the education and research sectors

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"Using Creative Commons licences to provide Open Access in the education and research sectors", presented by Professor Anne Fitzgerald at the Open Scholarship: Research and Publication Symposium, Deakin University Library, Melbourne, 25 October 2012 http://www.deakin.edu.au/library/about/open-access.php

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  • SourcesHeather Morrison, ‘PLoS ONE: now the world’s largest journal?’, The Imaginary Journal of Poetic Economics (blog), 5 January 2011, available at http://poeticeconomics.blogspot.com.au/2011/01/plos-one-now-worlds-largest-journal.html. Glenn Otis Brown, ‘Public Library of Science’ (interview with Michael Eisen, co-founder of PLoS), CC News, 1 September 2005, available at http://creativecommons.org/weblog/entry/7038.PLoS License, http://www.plos.org/about/open-access/license/ (accessed on 1 February 2012). Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20 October 2008, available at http://creativecommons.org/weblog/entry/10100.
  • BY NC SA 3.0 US http://ocw.mit.edu/terms/#cc
  • http://www.khanacademy.org/
  • http://www.khanacademy.org/about/tos#7
  • See http://www.dol.gov/opa/media/press/eta/eta20101436.htm and http://creativecommons.org/weblog/entry/26100
  • Using Creative Commons licences to provide Open Access in the education and research sectors

    1. 1. Professor Anne Fitzgerald Professor of Law Research, Queensland University of Technology Law Faculty Creative Commons Australia Open Scholarship: Research and Publication Symposium Deakin University Library 25 October 2012© 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.
    2. 2. What is Creative Commons? 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 © 2012 Anne Fitzgerald..
    3. 3. Central elements of CC licences Baseline Permissions Core Conditions © 2012 Anne Fitzgerald..
    4. 4. Baseline Permissions Fundamental baseline rights granted by all CC licences:  Reproduce  Distribute  Publicly perform On condition of Attribution Additional baseline permission granted in four of the six CC licences to create derivative works and  Reproduce  Distribute  Publicly perform the derivative work © 2012 Anne Fitzgerald..
    5. 5. 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 * ND and SA cannot be used together © 2012 Anne Fitzgerald..
    6. 6. Licence combinations © 2012 Anne Fitzgerald..
    7. 7. CC BY Core condition:  Attribution (BY) – attribute the author, and no false attribution Baseline Rights:  Reproduce  Distribute  Publicly perform  Create derivative works (and reproduce, distribute and publicly perform the derivative work) © 2012 Anne Fitzgerald..
    8. 8. How do people use CC? Licensing out: use CC 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 Licensing in: use copyright materials created by others that are licensed under CC  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 The scope of re-use will depend on which CC licence selected © 2012 Anne Fitzgerald..
    9. 9. Open Access to research Open Access movement began in 1990s with concerns about access to research data (eg human genome project) and scholarly articles published in journals Growing dissatisfaction of research community about traditional business models operating in the digital environment:  research conducted with public funds  articles written and peer-reviewed by scientists and academics for free  typically, copyright was assigned entirely to the publisher  academics and public charged high fees by publishers for access to articles © 2012 Anne Fitzgerald..
    10. 10. Constructing openness Information management plan/strategy OA policy – defines the degree of openness  See for example, QUT Library’s policy on Open Access (September 2012): http://www.library.qut.edu.au/about/planning/docume nts/POL_CDM_3.1.5.Open_Access_FIN.pdf Implementing OA requires:  understanding of the legal rights and relationships involved  Managing rights (especially copyright) to provide OA © 2012 Anne Fitzgerald..
    11. 11. Open Access to research Bermuda Principles (1996) - endorsed by the participants at the international strategy meeting on human genome sequencing Budapest Open Access Initiative (2002) defined Open Access to scholarly journal articles [see next slide] Bethesda Statement on Open Access Publishing (2003) - encourages faculty and grant recipients to publish their work under Open Access principles Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities (2003) – covers original scientific research results, raw data and metadata, source materials, digital representations of pictorial and graphical materials and scholarly multimedia material – supports open access publishing in OA journals or self-archiving in OA repositories © 2012 Anne Fitzgerald..
    12. 12. Budapest Open Access Initiative (2002) The literature that should be freely accessible online is that which scholars give to the world without expectation of payment. Primarily, this category encompasses their peer-reviewed journal articles, but it also includes any unreviewed preprints that they might wish to put online for comment or to alert colleagues to important research findings. There are many degrees and kinds of wider and easier access to this literature. By "open access“ we mean its free availability on the public internet, permitting any users to:  read  download  copy  distribute  print  search, or  link to the full texts of these articles  crawl them for indexing  pass them as data to software or  use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself.  The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited. http://www.soros.org/openaccess/read. © 2012 Anne Fitzgerald..
    13. 13. SPARC www.arl.org/sparc  How Open Is It? Open Access Spectrum (draft 2012)http://www.plos.org/wp-content/uploads/2012/10/OAS_English_web.pdf
    14. 14. Open Access publishing: the Green andGold roads Green OA  authors make their articles (usually in the form of “accepted manuscripts”) available through institutional repositories or personal websites – check OAK List for publisher’s policy on this: http://www.oaklist.qut.edu.au/  QUT ePrints – eg “Open Content Licensing: Cultivating the Creative Commons” (2007), Sydney University Press and QUT ePrints - http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5 Licence - > 8,000 downloads, ranks 15th in QUT ePrints  QUT Law and Justice Journal/QUT Law Review (from 2013): licensed under CC BY – see https://ljj.law.qut.edu.au/ Gold OA  OA that is provided by a publisher, i.e. the article is published immediately under OA conditions by the journal publisher.  may be funded in different ways - certain publishers may require the payment of a fee by the author to make the work available under OA. © 2012 Anne Fitzgerald..
    15. 15. Gold OA consistent with CC PloS One (OA journal, reportedly the world’s largest scholarly journal by volume)  Public Library of Science (PLoS) is a non-profit organisation ‘dedicated to making the world’s scientific and medical literature a freely available public resource’.  PloS applies CC BY licence to all works it publishes Research monographs published by Bloomsbury Academic (commercial publisher Bloomsbury Publishing’s academic branch)  Content made available online under a CC BY-NC licence (in addition to publishing in print and e-book format and offering print-on-demand copies).  Frances Pinter, Publisher of Bloomsbury Academic explains:  ‘[o]ur business model is simple. We may lose some print sales because of free access, but we will gain other sales because more people will want the print edition’.  Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20 October 2008, available at http://creativecommons.org/weblog/entry/10100. © 2012 Anne Fitzgerald..
    16. 16. ANU’s IP Policy(1 July 2010) http://policies.anu.edu.au/policies/intellectual_property/policy Part 4 - Section 14. "Open Content" Licensing by [Staff] Member 14.1 …. A [Staff ] Member who Creates copyright matter which is owned by the University is granted a perpetual, irrevocable, worldwide, non-exclusive licence in respect of the copyright to grant licences to third parties over the copyright matter: (a) being an open content licence of the form maintained by the Creative Commons Corporation; or (b) being an open source licence in respect of Software, of the form maintained by the Open Software Initiative or the Free Software Foundation; or (c) in any other form of open content licensing determined from time to time in writing by the Vice Chancellor. © 2012 Anne Fitzgerald..
    17. 17. QUT’s IP Policy: Scholarly works(22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp 3.1.5 Ownership of copyright  In accordance with general law principles noted in section 3.1.4 above, QUT as an employer is the owner of copyright where the work is created by staff members in the course of their employment. QUT’s ownership of copyright applies to both academic and professional staff. Assignment of scholarly works  Provided that QUT does not have contractual obligations to a third party which would prevent QUT effecting such an assignment, QUT assigns the right to publish scholarly works to the creator(s) of that work. The assignment is subject to a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence in favour of QUT to allow QUT to use that work for teaching, research and commercialisation purposes and to reproduce and communicate that work online for non-commercial purposes via QUTs open access digital repository.
    18. 18. NHMRC policy on access to data Current policy encourages open access to data:  NHMRC … encourages researchers to consider the benefits of depositing their data and any publications arising from a research project in an appropriate subject and/or institutional repository wherever such a repository is available to the researcher(s). Revised policy, effective 1 July 2012, mandates that:  any publications arising from an NHMRC supported research project must be deposited into an open access institutional repository within a twelve month period from the date of publication.  http://www.nhmrc.gov.au/media/notices/2012/revised- policy-dissemination-research-findings © 2012 Anne Fitzgerald..
    19. 19. Joint Statement on Data Sharing ofPublic Health Research NHMRC is a signatory to the Joint Statement on Data Sharing of Public Health Research issued by the Wellcome Trust Joint Statement expresses a commitment to the timely and responsible sharing of public health data:  Much of the data collection that could improve public health research is expensive and time-consuming. As public and charitable funders of this research, we believe that making research data sets available to investigators beyond the original research team in a timely and responsible manner, subject to appropriate safeguards, will generate three key benefits:  faster progress in improving health  better value for money  higher quality science. © 2012 Anne Fitzgerald..
    20. 20. Open Educational Resources (OER) OER (schools, tertiary sector – TAFE, universities etc)  Curricula  courseware  teaching materials  Schools, TAFE, universities MOOCs = massive open online courses  online course aimed at large-scale participation and open access via the web  originated from within the OER movement  < http://en.wikipedia.org/wiki/Massive_open_online_course>  But, now some have restrictive IP conditions: http://www.udacity.com/legal/ © 2012 Anne Fitzgerald..
    21. 21. 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 www.oecd.org/dataoecd/35/7/38654317.pdf. © 2012 Anne Fitzgerald..
    22. 22. The concept of “OER” UNESCO and the Commonwealth of Learning (COL) define OER as:  ‘teaching, learning or research materials  that are in the public domain  and released with an open license (such as Creative Commons). They allow communities of practitioners and stakeholders to copy, adapt and share their resources legally and freely, in order to support high-quality locally relevant teaching and learning’.  UNESCO-COL Guidelines for Open Educational Resources (OER) in Higher Education, 2011, p v, available at http://www.col.org/PublicationDocuments/Guidelines_OER_HE. pdf. © 2012 Anne Fitzgerald..
    23. 23. The concept of “OER” The Cape Town Open Education Declaration states that OER:  ‘should be freely shared  through open licences  which facilitate:  use  revision  translation  improvement, and  sharing  by anyone.’  http://www.capetowndeclaration.org/read-the-declaration. © 2012 Anne Fitzgerald..
    24. 24. MOOC ≠ OER David Wiley: “There are a number of reasons why the term MOOC is a misnomer. - Many MOOCs are massive but not open (e.g., http://www.udacity.com/legal/) - Many MOOCs are open but not massive (e.g., http://learninganalytics.net/syllabus.html) - Many MOOCs try very hard not to be courses (e.g., http://cck11.mooc.ca/how.htm) … Bonus complaint: The MOOCs which are “massive but not open” pose a special threat to the future of OER, but no one seems to be paying attention… Before long the general public will feel that “free” is good / innovative enough, and no one will care about “open,” permissions, or licensing. The good has once again become the enemy of the best. And how to you wage a PR war against “the good?”  ‘The MOOC Misnomer’, 1 July 2012, http://opencontent.org/blog/archives/2436 © 2012 Anne Fitzgerald..
    25. 25. MIT OpenCourseware Global adoption and influence:  Taiwan  Opensource OpenCourseWare Prototype System (OOPS) project copied the entire MIT OCW site to a local Taiwanese server and translated the courses into Chinese  China  China Open Resources for Education (CORE) project, a non- profit consortium of universities established in 2003, began its OER efforts by translating MIT’s OCW  Latin America  Universia, the largest Spanish and Portuguese speaking network of universities, translated MIT’s OCW courses into Spanish and Portugese, to make the content accessible to their local communities. © 2012 Anne Fitzgerald..
    26. 26. Khan Academy
    27. 27. Khan Academy - ToS7. 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 Attribution-NonCommercial-ShareAlike 3.0 United States License (available at http://creativecommons.org/licenses/by- nc-sa/3.0/us/) (the “Creative Commons License”). … © 2012 Anne Fitzgerald..
    28. 28. Trade Adjustment Assistance Community Collegeand Career Training Grant Program (TAACCCT):US $2 billion in funding provided under federal educationfund to create OER resources for use in community colleges P062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216
    29. 29. 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, will make 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. © 2012 Anne Fitzgerald..
    30. 30. 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). © 2012 Anne Fitzgerald..
    31. 31. Some background reading: Open Accessto Knowledge Law (OAK Law) and LegalFramework for e-research ProjectSee: http://www.aupsi.org/publications/  Creating a legal framework for copyright management of open access within the Australian academic and research sector: OAK Law Project Report No. 1 (2006)  Building the Infrastructure for Data Access and Reuse in Collaborative Research: An Analysis of the Legal Context (2007)  Guide to Developing Open Access Through Your Digital Repository (2007)  Understanding Open Access in the Academic Environment: A Guide for Authors (2008)  Review and Analysis of Academic Publishing Agreements and Open Access Policies (2008)  Academic Authorship, Publishing Agreements and Open Access: Survey Results (2008) © 2012 Anne Fitzgerald..
    32. 32. Thank you Professor Anne Fitzgerald QUT Law School Publications (http://eprints.qut.edu.au/view/person/Fitzgerald,_A nne.html) Access to Public Sector Information (http://www.aupsi.org) Creative Commons Australia (http://creativecommons.org.au/) © 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.

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