How CC licences are being used in the government, education and research sectors Neale Hooper QUT, Brisbane, Australia Creative Commons for You - and Researchers’ Workshop James Cook University, Cairns 16 November 2011 Credits: Background photo by **sasho, Tasmania PM, CC-BY-NC-ND,

CC in Australia 2004: Launch of Creative Commons in Australia by Professor Lawrence Lessig at Queensland University of Technology (QUT), Brisbane CC Australia is based in the QUT Law Faculty QUT is the official (and only) affiliate of Creative Commons International in Australia Professor Brian Fitzgerald was recently appointed to the Board of Directors of CC International

How CC came to be applied to PSI in Australia – a chronology 1990s: Cutler, Wainwright – digital content strategy proposals 2001: Office of Spatial Data Management (OSDM) access and reuse policy 2004: Launch of Creative Commons in Australia 2004: Launch by Queensland Government of Spatial Information Licensing Project 2005: Unlocking the Potential: Digital Content Industry Action Agenda, Strategic Industry Leaders Group report to the Australian Government 2005 – 2006: Queensland Government’s Government Information Licensing Framework (GILF) proposed use of Creative Commons licensing for PSI – 2010: GILF project continues as a Queensland Government-QUT collaboration, developing knowledge about and models for use of CC on PSI 2007 on: Australian Bureau of Statistics (ABS), Geoscience Australia (GA), Bureau of Meteorology (BoM) implement open access and adopt CC licensing; National Library of Australia; Australian Broadcasting Corporation; various State and local government initiatives 2008: OECD Ministerial Seoul Declaration on the Future of the Internet Economy - OECD Recommendations on publicly funded research (2006) and Access to PSI (2008) 2008: Venturous Australia report on National Innovation System (Cutler Report) 2009: Australia’s Digital Economy, Future Directions (Department of Broadband, Communications and the Digital Economy) 2009: Victorian Parliament Economic Development and Infrastructure Committee (EDIC) report (Government’s response 2010) Government 2.0 Taskforce (2009), “Engage: Getting on with Government 2.0” (December 2009) 2009: New Zealand (draft) Government Open Access Licensing Framework (NZGOAL); UK Power of Information report 2009 – 2010: Freedom of Information/Right to Information reforms – State and Federal legislation 2010: Government response to Government 2.0 Taskforce report, accepting key recommendations and stating that CC BY should be the default licence for PSI 2010: Declaration of Open Government

“Visitors to this website agree to grant a non- exclusive, irrevocable, royalty-free license to the rest of the world for their submissions to Whitehouse.gov under the Creative Commons Attribution 3.0 License.” Whitehouse.gov Creative Commons Attribution 3.0 License “Visitors to this website agree to grant a non- exclusive, irrevocable, royalty-free license to the rest of the world for their submissions to Whitehouse.gov under the Creative Commons Attribution 3.0 License.” Whitehouse.gov Creative Commons Attribution 3.0 License

CC BY SA Most of Wikipedia's text and many of its images are dual- licensed under the Creative Commons Attribution-Sharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL)Creative Commons Attribution-Sharealike 3.0 Unported LicenseGNU Free Documentation License The small print: “ Text is available under the Creative Commons Attribution- Share Alike License; additional terms may apply. See Terms of Use for details....” Information for text contributors to Wikimedia projects To grow the commons of free knowledge and free culture, all users contributing to Wikimedia projects are required to grant broad permissions to the general public to re-distribute and re- use their contributions freely, as long as the use is attributed and the same freedom to re-use and re-distribute applies to any derivative works. Therefore, for any text you hold the copyright to, by submitting it, you agree to license it under the Creative Commons Attribution-ShareAlike 3.0 Unported License. For compatibility reasons, you are also required to license it under the GNU Free Documentation License. Re-users can choose the license(s) they wish to comply with. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms.Creative Commons Attribution-ShareAlike 3.0 Unported LicenseGNU Free Documentation License As an author, you agree to be attributed in any of the following fashions: a) through a hyperlink (where possible) or URL to the article or articles you contributed to, b) through a hyperlink (where possible) or URL to an alternative, stable online copy which is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on this website, or c) through a list of all authors. (Any list of authors may be filtered to exclude very small or irrelevant contributions.)

Flickr Flickr by Amanda Cabral

Education MIT – OpenCourseWare Obama $2 billion for educational resources ANU’s IP Policy Blackboard Credits: Background photo by danishwindindustryassociation, Woolnorth, Tasmania, CC-BY-NC,

Trade Adjustment Assistance Community College and Career Training Grant Program: US $2 billion in funding provided under federal education fund to create OER resources for use in community colleges P062311PS-0339 by The White House (US Government Work)

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, 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. Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08, CC-BY-NC-ND,

Blackboard learning systems and Creative Commons Blackboard announces plans to allow professors to make their learning materials free and open online (Blackboard is currently restricted to registered students only) “One key to Blackboard’s new “Share” feature is a partnership with Creative Commons, which offers licenses for free content. When professors choose to make their courses free, they will be presented with options to easily attach a Creative Commons license, something they otherwise would have to do manually.” Jeffrey R. Young, “In Victory for Open-Education Movement, Blackboard Embraces Sharing”, Wired Campus, The Chronicle, 19 October 2011, blackboard-embraces-sharing/33776?sid=wc&utm_source=wc&utm_medium=en

Research Credits: Background photo by danishwindindustryassociation, Woolnorth, Tasmania, CC-BY-NC,

Research publications and data Public Library of Science (PLoS) – – “All site content, unless otherwise noted, is licensed under a Creative Commons Attribution licence.” – The Public Library of Science (PLoS) applies the Creative Commons Attribution License (CCAL) to all works we publish (read the human-readable summary or the full license legal code). Under the CCAL, authors retain ownership of the copyright for their article, but authors allow anyone to download, reuse, reprint, modify, distribute, and/or copy articles in PLoS journals, so long as the original authors and source are cited. No permission is required from the authors or the publishers.Creative Commons Attribution Licensehuman-readable summaryfull license legal code PubMed Central – many Open Access journal articles licensed under CC BY – “A well-being support program for patients with severe mental illness: a service evaluation”, Donna Eldridge, Nicky Dawber and Richard Gray, BMC Psychiatry, 2011 This is an Open Access article distributed under the terms of the Creative Commons Attribution License ( which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. Australian research publications and data – 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 - 20,000 downloads, ranks 15 th in QUT ePrintshttp://eprints.qut.edu.au/6677/ – AIMS – Reef and Rainforest Research Centre data – AODN/IMOS Credits: Background photo by Jayegirl99, Tasmania-4200 CC-BY-SA,

Reef and Rainforest Research Centre

Polar Information Commons

Atlas of Living Australia

Government 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,

Sam the Koala and David Tree Victorian bushfires, February 2009 Vale Sam

AUSTRALIA

ComLaw: Copyright and related matters What ComLaw content is licensed under Creative Commons? Except as noted above, all ComLaw content is licensed under a Creative Commons Attribution- NonCommercial-ShareAlike 3.0 Unported License (the CC BY-NC-SA 3.0 licence). You are free:Creative Commons Attribution- NonCommercial-ShareAlike 3.0 Unported License (the CC BY-NC-SA 3.0 licence) to Share - to copy, distribute and transmit the content, and to Remix - to adapt the content Under the following conditions: Attribution - You must attribute ComLaw content in the manner we specify, but not in any way that suggests that we endorse you or your use of the materialattribute ComLaw content in the manner we specify Non-commercial - You may not use this work for commercial purposes, and Share Alike - If you alter, transform, or build upon ComLaw content, you may distribute the resulting work only under the same or similar licence to this one. With the understanding that: Waiver - Any of the above conditions can be waived if you get permission from us. Public Domain - Where ComLaw content is in the public domain under applicable law, that status is in no way affected by the licence.applicable law Other Rights - In no way are any of the following rights affected by the license: – your fair dealing or fair use rights, or other applicable copyright exceptions and limitationsapplicable copyright exceptions and limitations – the author's moral rights, and – rights other persons may have either in ComLaw content or in how it is used, such as publicity or privacy rights. This is a human-readable summary of the legal code (the full licence).legal code (the full licence)

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 nts/QPSSocialMediaCaseStudy.pdf nts/QPSSocialMediaCaseStudy.pdf Emergency 2.0 Wiki – Licensed under CC BY NC – See

Queensland Police Service, Disaster Management and Social Media - a case study, available at under a CC BY 2.5 Australia licence

Observations on CC use in Australia CC BY licence has rapidly been adopted as the default licence by data custodians throughout the Australian public sector across a range of information domains CC BY as the default establishes that copyright materials available for access (under FoI/RTI) are available for free, and can be reused and transformed Use of CC BY licence has been central to the effective implementation of the recommendations of the Gov 2.0 Taskforce in 2009 (“PSI should be free, freely reusable and transformable”) Use of CC licences has accelerated the shift towards open access practices Some government agencies are using CC licences with restrictive conditions (ND, NC and SA) No evidence of new, additional restrictions being imposed – are using the least restrictive licence consistent with existing legislative and commercial restraints

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 Oz (Australian Federal Court, Heerey J, 1996) Credits: Background photo by Rock Portrait Photography, Tasmania Jan 08, CC-BY-NC-ND,

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,

CC enables innovative use of information/content But, the journey towards the digital economy has only just begun For further information see Credits: Background photo by murphyeppoon, Stanley, Tasmania, CC-BY-NC-SA, /

CC & Government Guide Anne Fitzgerald, Neale Hooper & Cheryl Foong (2011) – CC & Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials Townsville Tripping by Rob and Stephanie Levy