Downloaded 63 times
![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](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-13-2048.jpg)
![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.](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-17-2048.jpg)
![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.](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-18-2048.jpg)
![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".](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-19-2048.jpg)
![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](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-57-2048.jpg)
![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+](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-58-2048.jpg)
![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]](https://image.slidesharecdn.com/socialmediaclubsydney-100419193808-phpapp01/75/Creative-Commons-Licensing-and-Social-Media-59-2048.jpg)
Uploaded bySocial Media Club, Sydney
Creative Commons Licensing and Social Media
The document discusses the principles of copyright law, focusing on the purpose of copyright as a means to balance the rights of authors with the public's access to information. It outlines the significance of originality and authorship, details the types of works protected, and provides examples of legal cases regarding copyright infringement. Additionally, the document touches on licensing and exceptions to copyright, highlighting the ongoing relevance of copyright law in today's digital landscape.
Creative Commons Licensing and Social Media
- 1. Creative Commons (CC) Licensing Professor Brian Fitzgerald QUT Law Faculty/CCi
- 2.
- 3. CC IS A COPYRIGHT LICENCE
- 4. WHY IS ITOF INTEREST TODAY?
- 5.
- 6.
- 7. Generic 2.0 Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
- 8. gutenberg press Generic 2.0 Printing Press by Gastev, http://flickr.com/photos/gastev/360505392
- 10.
- 11. International Agreements • BerneConvention 1886 • WCT 1996 • Rome Convention 1961 • WPPT 1996 • Phonograms • AUSFTA 2004 Convention 1971 • WTO/TRIPS 1996
- 12. Australia – FederalCR Legislation 1905 1912 1968
- 13. 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
- 14.
- 15. Expression (Not ideas) Originality Authorship Fixed-MaterialForm
- 16.
- 17. 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.
- 18. 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.
- 19. 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".
- 20.
- 21. literary works Generic 2.0 Open Book by Osbornb, http://flickr.com/photos/osbornb/2457712870
- 22. dramatic works Generic 2.0 Tribal Dance by BdwayDiva1, http://flickr.com/photos/bdwaydiva1/2306372642
- 23. musical works Generic 2.0 A gal and her guitar by xlordashx, http://www.flickr.com/photos/xlordashx/2936494210
- 24. artistic works Generic 2.0 portrait: yellows and blues by freeparking, http://flickr.com/photos/freeparking/2801058207
- 25.
- 26. films Generic 2.0 16mm educational film screening by lorelei, http://flickr.com/photos/filmfatale/423329167
- 27. sound recordings Generic 2.0 Audio Technica ATH-M50 by CLF, http://flickr.com/photos/clf/3184796740
- 28. broadcasts Generic 2.0 Kent Portable Tube AM Radio by alexkerhead, http://flickr.com/photos/alexkerhead/3607581577
- 29. published editions Generic 2.0 Side by euphbass, http://flickr.com/photos/euphbass/3317710740
- 30.
- 31. Reproduce in a material form Generic 2.0 Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
- 32. reproduce publish Generic2.0 The Fruits of Religion 1 by andymangold, http://flickr.com/photos/andymangold/3489545384
- 33. reproduce publish perform in public Generic 2.0 Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
- 34. reproduce publish perform in public perform communicateto the public Generic 2.0 Toy sampling megaphone by altemark, http://flickr.com/photos/altemark/337248947
- 35. reproduce publish perform in public perform communicat communicateto the public e adaptation (except artistic) Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878
- 36. 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
- 37. S.O.T.W RIGHTS (Sound recordings and films)
- 38. copy Generic 2.0 Do Not Turn The Photo Copier Off by Beige Alert, http://flickr.com/photos/beigephotos/329699908
- 39. copy cause to be(seen/heard in public) Generic 2.0 Red drapery by shaire productions, http://flickr.com/photos/shaireproductions/3056579358
- 40. copy perform (seen/heard inpublic) communicate to the public Generic 2.0 Toy sampling megaphone by altemark, http://flickr.com/photos/altemark/337248947
- 41. copy perform (seen/heard inpublic) communicate to the public (also commercial rental for sound recordings) Generic 2.0 Toy sampling megaphone by altemark, http://flickr.com/photos/altemark/337248947
- 42. Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
- 43. automatic protection registration notrequired notification not required Generic 2.0 No unauthorised persons @ Troutbeck Road, Sheffield by timparkinson, http://flickr.com/photos/timparkinson/3248398830
- 44.
- 45. 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/
- 46. Generic 2.0 Onions by Margot Wolfs by Margot Wolfs, http://flickr.com/photos/margotwolfs/4032976495
- 47. Generic 2.0 Stop by brainware3000, http://flickr.com/photos/brainware3000/22205084
- 48.
- 49. Generic 2.0 Stopwatch by wwarby, http://flickr.com/photos/wwarby/3297205226
- 50. WORKS = LIFE + 70 YEARS Generic 2.0 Tombstone of Bertha Heilborn (nee Epstein) in Guttentag cemetery by dlisbona, http://flickr.com/photos/dlisbona/1117569429
- 51. S.M.O.T.W Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
- 52. 70 YEARS Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
- 53. 50 YEARS Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
- 54. 25 YEARS Generic 2.0 Compact Calendar Card - Design 3 by Joel Lanman, http://flickr.com/photos/joelanman/367425390
- 55.
- 56. “Objective Similarity” “Casual Connection” “Substantial Part”
- 57. Larrikin Music PublishingPty 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
- 58. Larrikin Music PublishingPty 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+
- 59. Larrikin Music PublishingPty 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]
- 61. Bright Tunes Musicv. 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.”
- 62. SUBSTANTIAL PART
- 63. Generic 2.0 Tiny by AMagill, http://www.flickr.com/photos/amagill/3660775191/
- 64.
- 65.
- 66. research or study(s40) Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920
- 67. research or study(s40) criticism or review (s41) Generic 2.0 Cut my breath by batega, http://flickr.com/photos/batega/1467019878
- 68. 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
- 69. 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
- 70. 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
- 71.
- 72. TIME DEVICE FORMAT SHIFTING (ss111, 109A, 43C, 47J, 110AA)
- 73.
- 74.
- 75.
- 76. Lennon/McCartney • Rights tolyrics 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
- 77.
- 78.
- 79.
- 80.
- 81. Generic 2.0 Internet Statement by altemark, http://www.flickr.com/photos/altemark/39593706/
- 82.
- 83.
- 84. Generic 2.0 Proce55ing Source Code by schoschie, http://flickr.com/photos/schoschie/8821223
- 85. Generic 2.0 Mail art, Copyleft by Manfred Stirnemann by tomislavmedak, http://flickr.com/photos/tomislavmedak/3804029530
- 86. Generic 2.0 And free as in beer by elliottbledsoe, http://flickr.com/photos/flashphotographyandscreams/2798838205
- 88.
- 89.
- 91.
- 92.
- 94.
- 95.
- 97.
- 98.
- 100.
- 101.
- 102. Australia 2.5 Which Creative Commons licence is right for me? by ccAustralia, http://creativecommons.org.au/factsheets/licensing-flowchart
- 103. by by-nc by-sa by-nd by-nc-sa by-nc-nd
- 104. Attribution Attribution-ShareAlike Attribution-Noncommercial Attribution-Noncommercial-ShareAlike Attribution-NoDerivatives Attribution-Noncommercial-NoDerivatives AUSTRALIA part of the Creative Commons international initiative CRICOS No. 00213J
- 110.
- 111. permission beyond thelicence Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 112. permission beyond thelicence copyright notice Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 113. permission beyond thelicence copyright notice notify of the licence Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 114. permission beyond thelicence 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
- 115. permission beyond thelicence 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
- 116.
- 117. copy Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 118. copy distribute Generic2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 119. copy distribute display and publiclyperform Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 120.
- 121. Generic 2.0 Hollywood Blvd 03.04.2007 by bossco, http://flickr.com/photos/bossco/411694842
- 124.
- 126. Generic 2.0 Andy in the VAB by adactio, http://flickr.com/photos/adactio/301112397
- 128. About 250 millionCC objects on the internet Over 130 million photos on Flickr alone
- 129.
- 130.
- 131. Powerhouse Museum • released1500 • 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
- 133.
- 134. Resource Tools Sprixi.com Idee.com - http://labs.ideeinc.com/multicolr#colors=fde7 75,84b3fc,6e4010,fded99
- 135. WHAT DO THE KEY TERMS MEAN?
- 137.
- 138. WHAT IS A DERIVATIVE WORK?
- 139. restricts changes Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 140. restricts changes no remixing Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 141. restricts changes no remixing notranslation Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 142. restricts changes no remixing notranslation note: syncing music Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 144.
- 145.
- 146. primarily intend foror Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 147. primarily intend foror directed towards Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 148. primarily intend foror directed towards commercial advantage Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 149. primarily intend foror directed towards commercial advantage private monetary compensation Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 151.
- 152.
- 153. same licence future version other country version Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 155.
- 156.
- 157. copyright notice Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 158. copyright notice creator’s name Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 159. copyright notice creator’s name others(eg publisher, journal) Generic 2.0 Pegatinas Creative Commons by Jose Jiménez, http://flickr.com/photos/impulsenet/157950838
- 160. 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
- 161. 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
- 162. 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
- 163. REASONABLE TOTHE MEDIUM
- 164.
- 165. LICENSING IN
- 166. Submission, Upload orDonor 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”
- 167. NLA – Clickand 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'
- 168. 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>
- 169. LICENSING OUT YOUR WORK
- 171. DISTRIBUTION MODELS
- 172. Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
- 173. CC BY-NC-SA 2.5Brazil Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
- 174. simultaneous release Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
- 175. simultaneous release alternative endings Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
- 176. 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
- 177. 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
- 178. Bruno Vianna, Directorof Cafuné the tide of ‘big screen movie- and-popcorn’ enthusiasts did not exchange the box office lines for their computers
- 179. Julia Levy, GroupEstacão if there were no demand, the film would not have returned to the big screen
- 181.
- 182. Many of thesevideos address concerns that are largely ignored by other funding and distribution outlets. Anna Helme, http://creativecommons.org.au/commoners/engagemedia
- 183. Creative Commons providesa very usable framework for filmmakers … They can allow reproduction and distribution while preserving some rights Anna Helme, http://creativecommons.org.au/commoners/engagemedia
- 184. that leaves openthe potential to recoup production funds through commercial distribution of their work. Anna Helme, http://creativecommons.org.au/commoners/engagemedia
- 185. TRAILERS + RAW FOOTAGE
- 187.
- 188. CC BY-NC-ND 2.5Generic
- 189. Steven Starr, CEOof Revver we work with Creative Commons to foster a community that understands creator rights
- 192.
- 193.
- 194. the producer mentionedthat 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
- 195. … I suggestedto 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
- 196. ROBERT GREENWALD Generic 2.0 RPPH0113.04 by Brave New Films, http://flickr.com/photos/walmartmovie/25346998
- 197. CC Sampling Plus 1.0 Generic 2.0 RPPH0113.04 by Brave New Films, http://flickr.com/photos/walmartmovie/25346998
- 199.
- 200. Robert Greenwald, BraveNew Films …I learned how cumbersome and expensive it can be to license footage from news organizations
- 201. I could thinkof 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
- 203. A SWARM OF ANGELS
- 204. Generic 2.0 Cory Doctorow by Joi, http://flickr.com/photos/joi/2196901054
- 205. CORY DOCTOROW Generic 2.0 Cory Doctorow by Joi, http://flickr.com/photos/joi/2196901054
- 206. Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
- 207. Generic 2.0 Little Brother (cover) by Cory Doctorow, http://craphound.com/littlebrother
- 208. Cory Doctorow Most people who download the book don't end up buying it, but they wouldn’t have bought it in any event…
- 209. Cory Doctorow A tiny minority of downloaders treat the free e-book as a substitute for the printed book−those are the lost sales.
- 210. Cory Doctorow …a larger minority treat the e-book as an enticement to buy the printed book. They’re gained sales
- 211. 30 000 downloads Generic2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
- 212. 30 000 downloads 24 hours Generic 2.0 Down and Out in the Magic Kingdom (cover) by Cory Doctorow, http://craphound.com/down
- 213. 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
- 214. 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
- 215. 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
- 216. Generic 2.0 Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
- 217. TRENT REZNOR Generic 2.0 Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
- 218. NINE INCH NAILS Generic 2.0 Trent Reznor en vivo desde el Poliedro by Edvill, http://flickr.com/photos/edvill/3129811144
- 219. United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
- 220. 9 tracks freedownload United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
- 221. 9 tracks freedownload 36 tracks licensed United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
- 222. 9 tracks freedownload 36 tracks licensed 5 payment options United States 2.0 Ghosts I-Iv (cover) by Nine Inch Nails, http://ghosts.nin.com
- 223. 9 tracks freedownload 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
- 224. 9 tracks freedownload 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
- 225. 9 tracks freedownload 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
- 226. 9 tracks freedownload 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
- 227. “The end resultis 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
- 228. United States 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
- 229. 1.4 million downloads UnitedStates 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
- 230. 1.4 million downloads 2 months United States 2.0 The Slip (cover) by Nine Inch Nails, http://theslip.nin.com
- 231. Many of thesevideos 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/
- 232. 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/
- 233. Generic 2.0 YokoOno by cliff1066™, http://flickr.com/photos/nostri-imago/2873284890
- 234. CC in Government
- 235. Australia Image: Koala byMark Pardew / Associated Press http://www.ap.org/
- 236. Government 2.0 (Taskforce)
- 237. Government 2.0 TaskforceReport 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.
- 238. Recommendation 6: Makepublic 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.
- 239.
- 241. Recommendation 7.7 Australia shouldestablish 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).
- 242. 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.
- 243. Recommendation 7.14 Tothe 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.
- 244. From the ABSwebsite: 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?
- 245. Geoscience Australia (GA) • From November 2009 the GA.gov.au website is licensed under CC BY 2.5 AU
- 246. Government Information LicensingFramework (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/
- 247. 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
- 248. Victorian EDIC Report •The first in Australia to consider in depth the issue of access to PSI
- 249. 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.
- 250. 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.
- 251. 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
- 252. Government Departments usingCC ABS GA BOM
- 253. Generic 2.0 20081104_Indianpolis_IN_UAWGOTV0304by Barack Obama, http://flickr.com/photos/barackobamadotcom/3008245391
- 254.
- 255. LEGAL VALIDITY Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008)
- 256.
- 257.
- 258. Generic 2.0 IBM Think D100 Test by Howdy, I'm H. Michael Karshis, http://flickr.com/photos/hmk/2741404653
- 259. WHAT DO I WANTTO ACHIEVE?
- 260. HOW DO I WANTTO ENGAGE?
- 261. WHAT IS MY BUSINESS MODEL?
- 262.
- 263. Bio Professor Brian FitzgeraldBA (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.
- 264. Thank you tothe following people for their assistance: Jessica Coates, Elliott Bledsoe, Anne Fitzgerald, Kylie Pappalardo and Cheryl Foong