1. Creative Commons licensing: Government, Education and Research
Professor Anne Fitzgerald and Neale Hooper
Queensland University of Technology Law Faculty
Creative Commons Australia
Creative Commons and Innovation
QUT, Brisbane
1 February 2013
© 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.

2. Public sector components
Government
Federal
State
Local
Education
Secondary
Tertiary
Research
Publicly-funded research institutes
Government agencies e.g. CSIRO
© 2012 Anne Fitzgerald..

3. 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
© 2012 Anne Fitzgerald..

4. Towards an information policy
From 2005 on –
reviews of government information access and reuse practices
Queensland Government Information Licensing Framework (GILF) report (2006)
Cutler review (2008)
Victorian Parliament review of access to PSI (2009)
Government 2.0 Taskforce (2009)
Lawrence (UK Ordnance Survey) reviews of spatial policy and practices (2011)
reform of Freedom of Information (FoI) schemes – introduction of Right to Information (RTI) proactive disclosure principles and practices (2009 on)
© 2012 Anne Fitzgerald..

5. 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..

6. 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;
Australian Government Intellectual Property Manual (IP Manual).
Both documents are available on the Attorney-General’s Department website under the CC BY 3.0 Australian licence.
Attorney General’s 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..

7. 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..

9. Premier’s message at http://data.qld.gov.au/about
“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.”

10. AUSTRALIA

11. Geoscience Australia - Landsat 8 data
Landsat 8 satellite to be launched in early GA will make 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
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 © Geoscience Australia
© 2012 Anne Fitzgerald..

15. Education
OER and MOOCs

16. 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
© 2012 Anne Fitzgerald..

17. The case for OER
“Nearly one-third of the world’s population (29.3%) is under 15. Today there are 165 million people enrolled in tertiary education1. Projections suggest that that participation will peak at 263 million2 in 2025.
Accommodating the additional 98 million students would require more than four major universities (30,000 students) to open every week for the next fifteen years.”
Sir John Daniel, Commonwealth of Learning (COL), ‘Tertiary Education: How Open?’,
20 May 2011 at
[1]  ISCED levels 5 & 6. UNESCO Institute of Statistics figures
[2]  British Council and IDP Australia projections
Storm Trooper by Maximus_W, licensed under CC BY2.0 Generic ,
© 2012 Anne Fitzgerald..

18. 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.,
- Many MOOCs are open but not massive (e.g.,
- Many MOOCs try very hard not to be courses (e.g., …
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,
© 2012 Anne Fitzgerald..

19. 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:
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.
OpenCourseWare Consortium Toolkit: Maintaining Intellectual Property at
© 2012 Anne Fitzgerald..

20. BY NC SA 3.0 US http://ocw.mit.edu/terms/#cc

21. MIT OpenCourseware Global adoption and influence: Taiwan China
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..

22. Khan Academy

23. Khan Academy - ToS 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 Attribution-NonCommercial-ShareAlike 3.0 United States License (available at (the “Creative Commons License”). …
© 2012 Anne Fitzgerald..

24. Blackboard xpLor
xpLor is a new cloud-based learning object repository that will work across the various learning management systems (LMS) in use at educational institutions
Objective is to dissolve content boundaries between LMS’s and institutions so that instructors can more easily share, discover, and reuse course content.
xpLor has CC licensing options - instructors and institutions can create, share, and build on each other’s CC-licensed content through the same interface.

25. Blackboard xpLor – CC BY default

26. The future of OER
Increased direct funding from government for the creation of OER

27. 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
See and
P062311PS-0339 by The White House (US Government Work)

28. 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..

29. Poland
Digital School program adopted April 2012 by Polish Council of Ministers
Aims to raise ICT competencies in Polish schools
43 million PLN (Polish zloty) has been assigned for the creation of digital CC BY licensed (or compatible) textbooks for grades 4-6
See
© 2012 Anne Fitzgerald..

30. Adapt project: teaching adaptations
2012 pilot project - Bridging the Gap: teaching adaptations across the disciplines and sharing content for curriculum renewal.
led by the University of Tasmania, with support from the Australian Government’s Office of Learning and Teaching (OLT)
aims to ‘enhance the teaching of adaptations (the study of the adaptation of an original novel, play, film, poem, video game or other form of narrative to a different medium) in an Australian context through the creation of a community of practice of scholars’.
will develop a repository of OER relevant to learning and teaching adaptations.
See
© 2012 Anne Fitzgerald..

32. Open Book Project
An initiative of the U.S. Department of State, the Arab League Educational, Cultural and Scientific Organization
Initiative will:
Support the creation of Arabic-language Open Educational Resources (OER) and the translation of existing OER into Arabic.
Disseminate the resources free of charge through project partners and their platforms.
Offer training and support to governments, educators, and students to put existing OER to use and develop their own.
Raise awareness of the potential of OER and promote uptake of online learning materials.

33. Open Access to Research

34. 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
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..

35. 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.
© 2012 Anne Fitzgerald..

36. Open Access publishing: the Green and Gold roads
Green OA
Authors retain rights to their work
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:
QUT ePrints – eg “Open Content Licensing: Cultivating the Creative Commons” (2007), Sydney University Press and QUT ePrints 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
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..

37. 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
Sources
Heather Morrison, ‘PLoS ONE: now the world’s largest journal?’, The Imaginary Journal of Poetic Economics (blog), 5 January 2011, available at
Glenn Otis Brown, ‘Public Library of Science’ (interview with Michael Eisen, co-founder of PLoS), CC News, 1 September 2005, available at
PLoS License, (accessed on 1 February 2012).
Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20 October 2008, available at
© 2012 Anne Fitzgerald..

38. ANU’s IP Policy (1 July 2010) http://policies. anu. edu
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..

39. QUT’s IP Policy: Scholarly works (22 June 2011) http://www. mopp. qut
3.1.5 Ownership of copyright
In accordance with general law principles noted in section 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 QUT's open access digital repository.
© 2012 Anne Fitzgerald..

41. National Health and Medical Research Council (NHMRC) policy on access to research publications and data
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. 
© 2012 Anne Fitzgerald..

42. Joint Statement on Data Sharing of Public 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..

43. Australian Research Council (ARC) Open Access policy
Effective 1 January 2013
Any publications arising from an ARC supported research project must be deposited into an open access institutional repository within a twelve (12) month period from the date of publication
Requirement subject to legal or contractual obligations (i.e. restrictive publishing contracts which prohibit/do not allow for open access)

44. CC & Government Guide
CC & Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials Anne Fitzgerald, Neale Hooper & Cheryl Foong (2011) < < Guides for data managers and academic authors also available at <
Townsville Tripping by Rob and Stephanie Levy
© 2012 Anne Fitzgerald..

45. Thank you Professor Anne Fitzgerald QUT Law School CC Australia
Publications (
Access to Public Sector Information (
Creative Commons Australia (
© 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.