Transcript Slide 1

Creative Commons licences as a
driver of open access policy: the
Australian experience
Neale Hooper
23 September 2011
Disclaimer: The views expressed in this presentation are the personal views of
the presenter and should not be taken as representing the views of any
Government department or agency.
Credits: Background photo by **sasho, Tasmania 31-10-2007 3-21-23 PM,
CC-BY-NC-ND, http://www.flickr.com/photos/sashodasho/1911713369/
Copyright
• Copyright exists automatically in a vast range of
content and informational works:
– literary (including computer programs and
compilations)
– dramatic
– musical
– artistic
– films
– sound recordings
– broadcasts
– published editions
• Copyright owner has extensive rights:
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–
–
–
–
copy
publish
publicly perform
electronically communicate (eg on internet)
broadcast
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3214272112/
Open source software/open content
concepts
• Openness (access/use/reuse) has to be structured / constructed - it does
not happen by default - requires copyright and other interests to be
actively managed to ensure the desired level of “openness” is achieved
• For intangibles / digital materials, law provides the means of structuring
openness
• Open content licensing (eg Creative Commons licences) draws on Richard
Stallman’s insights into how copyright can be used to ensure that freely
distributed software source code remains open to other software coders
(FOSS, GNU GPL)
• Absence of legal rights means just that (nothing) – if legal rights do not
exist, the only control is through lock up (secrecy) or lock down
(technological locks) – counterproductive to achieving openness
Credits: Background photo by Jayegirl99, Tasmania-4200
CC-BY-SA, http://www.flickr.com/photos/julieedgley/3258094114/
What is Creative Commons?
• a standardised system for licensing the use of
copyright materials
• 6 standardised licences
– available in plain english (summary), legalese and
machine-readable versions
• Each licence grants a general permission 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 conditions
Credits: Background photo by Matthew Knott, Tasmania
CC-BY-NC-SA, http://www.flickr.com/photos/mknott/606575243/
Standard CC Conditions of use
• Attribution (BY) – attribute the author, and no false
attribution
• 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
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3213598173/
Combined in a
standardised suite of
licences
BY
BY-NC
BY-SA
BY-ND
BY-NC-SA
BY-NC-ND
Credits: Background photo by photographerglen, Tasmania, CC-BYNC-SA,
http://www.flickr.com/photos/photographerglen/5910399115/
CC operates as a direct licence, from
copyright owner to user
So, who is using CC?
Credits: Background photo by **sasho, Tasmania 31-10-2007 3-21-23 PM,
CC-BY-NC-ND, http://www.flickr.com/photos/sashodasho/1911713369/
“Visitors to this website
agree to grant a nonexclusive, irrevocable,
royalty-free license to the
rest of the world for their
submissions to
Whitehouse.gov under the
Creative Commons
Attribution 3.0 License.”
Creative Industries
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3214297464/
ABC Pool
ABC Pool
CC licensing is
an option for
contributors to
Pool
“When you upload your work
to Pool, you can choose ....to
release your work under a
Creative Commons licence.”
Education and
research
Credits: Background photo by danishwindindustryassociation, Woolnorth, Tasmania,
CC-BY-NC, http://www.flickr.com/photos/danishwindindustryassociation/4150966664/
Australian National University’s IP
Policy (1 July 2010)
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, nonexclusive 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.
http://policies.anu.edu.au/policies/intellectual_property/policy
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3214272112/
Research publications and data
• Australian research publications and data
– 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 - 20,000 downloads, ranks 15th
in QUT ePrints
– AIMS
– Reef and Rainforest Research Centre data
– AODN/IMOS
Credits: Background photo by Jayegirl99, Tasmania-4200
CC-BY-SA, http://www.flickr.com/photos/julieedgley/3258094114/
Reef and Rainforest Research Centre
Government
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•
•
•
•
Australian Bureau of Statistics (ABS)
Geoscience Australia (GA)
Federal Budget papers – 2010, 2011
ComLaw
Australian Parliament
Emergency response report and wiki
Credits: Background photo by Matthew Knott, Tasmania
CC-BY-NC-SA, http://www.flickr.com/photos/mknott/606575243/
AUSTRALIA
AUSTRALIA
Social Media and Emergency Response
• “Disaster Management and Social Media - a case study”, Queensland
Police Service (July 2011)
– QPS report on their experience using Social Media in the 2011 flood and Cyclone Yasi
emergencies
– licensed under a Creative Commons Attribution Licence
– See
http://www.police.qld.gov.au/Resources/Internet/services/reportsPublications/docume
nts/QPSSocialMediaCaseStudy.pdf
• Emergency 2.0 Wiki
– Licensed under CC BY NC
– See http://emergency20wiki.org/
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 are valid and enforceable by the courts
• Jacobsen v Katzer (US Court of Appeals for the Federal Circuit, 2008)
• Trumpet International v Ozemail (Australian Federal Court, Heerey J, 1996)
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3213598173/
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
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3213598173/
Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08,
CC-BY-NC-ND, http://www.flickr.com/photos/hrdrck/3214345846/
Anne Fitzgerald, Neale Hooper & Cheryl Foong:
CC & Government Guide: Using Creative
Commons 3.0 Australia Licences on
Government Copyright Materials
<http://eprints.qut.edu.au/38364/>
<http://creativecommons.org.au/sectors/government>
For further information see:
http://creativecommons.org.au
http://www.aupsi.org
http://www.oaklaw.qut.edu.au
Credits: Background photo by murphyeppoon, Stanley, Tasmania,
CC-BY-NC-SA, http://www.flickr.com/photos/29501884@N04/4542579777/