1. Queensland Spatial Information Council smart spatial solutions for Queensland GOVERNMENT INFORMATION LICENSING FRAMEWORK and CRC-SI PROJECT 3.05 A LEGAL PLATFORM TO SUPPORT INTER-AGENCY AND INTER-JURISDICTIONAL EXCHANGE AND SHARING OF DATA Tim Barker, Neale Hooper, John Cook, Jenny Bopp Queensland Treasury Anne Fitzgerald, Baden Appleyard QUT

2. Queensland Spatial Information Council smart spatial solutions for Queensland AGENDA Background Findings of Project Stages Creative Commons Legal Considerations Policy Considerations and Audit Technology and Discovery Business Case

3. Queensland Spatial Information Council smart spatial solutions for Queensland Are You Smarter Than a IP Lawyer ? STAND UP if your agency needs access to data from a range of sources to model, manipulate and analyse those data to create new information. STAY STANDING if your agency regularly passes its own existing and other acquired information to internal and external clients, either for free or a cost. STAY STANDING if your agency is 100% sure that under myriad of licensing arrangements that may apply “your” data, that you or your clients are fully complying with terms under which the data is accessed or used? TAKE A BOW if your agency would survive an audit if a custodian sued for Copyright or Intellectual Property breaches?

4. Queensland Spatial Information Council smart spatial solutions for Queensland How Important Is Being Right about your Information Property “Rights”

5. Queensland Spatial Information Council smart spatial solutions for Queensland What we want as Decision Makers Web Map Server Web Coverage Server Web Feature Server Web Terrain Server

6. Queensland Spatial Information Council smart spatial solutions for Queensland Build Spatial Enabled Applications

7. Queensland Spatial Information Council smart spatial solutions for Queensland Hypothesis for Standardising Legal Framework for Information Transaction Possible to develop a Government Information Licensing Framework of standardised legal terms and conditions within which all information transactions can occur. By doing so would facilitate improved access to, and use of, Government held data, by Government. The framework would standardise transactions with other government jurisdictions by using a single framework for access to all data and extend to community and the private sector Help manage the Government’s IP Reduce legal risks associated with potential unauthorised use of data and information products and services both in and outside of Government

8. Queensland Spatial Information Council smart spatial solutions for Queensland Proposal is Different for CIO’s Not typical ICT system test, buy/build implementation Very strong strategic information policy focus – big “I” for information Requires large investment in information management & legal research Balance of legal framework development against IT capability

9. Queensland Spatial Information Council smart spatial solutions for Queensland AIM of GILF Project Deliver a standard set of terms and conditions for information licensing. That will work effectively and legally in practice. But must fit within a national and internationally recognised environment.

10. Queensland Spatial Information Council smart spatial solutions for Queensland Stage 1 - Current Licensing Trends Strong market philosophy based on value and supply chain and extracting rents for data use. –Shrink-wrap or click-wrap –Embargoes & Quality ladders –Minimal restrictive –Tiered restrictive –Non-licence alternatives

11. Queensland Spatial Information Council smart spatial solutions for Queensland Stage 1 - Identified Problems in Information Licensing Majority of government business units don’t use any formal licensing Those that do, vary in legal frameworks significantly Current “standard” approaches dated – many derivatives Non standard approach of access for data users Potentially more difficult for Gov agencies to deal with each other than to get same information from outside Government Inter-jurisdictional exchange (eg for NWI) problematic. Complex for anyone outside dealing with multiple Departmental approaches to information licensing Agencies consider themselves as unique business entities, not as a single government Licences do not reflect the mature business approach that agencies now wish to take with data use and reuse.

12. Queensland Spatial Information Council smart spatial solutions for Queensland What This Means Confusion and costs for clients, community and custodians Impossible to design an architecture for an online portals and/or inter- jurisdictional data collaborations Difficult for information users to know if they are fully complying with legal obligations Impediment to innovation

13. Queensland Spatial Information Council smart spatial solutions for Queensland Mature Approach Social, economic, cultural and environmental value of public sector datasets are in their use Action Agenda - Federal Government Report “Unlocking the Potential – Digital Content Industry” ABS and Geoscience Australia data delivery strategy – free on the web with liberal use permissions Some agencies have differing information rules for industries WOG Licensing Strategies and industry coordinated acquisition programs Developments in open access publishing in UK Government Push to open access to scientific research - NIH,US NSF, Science Commons Gen X, Y and Z attitudes to file sharing, particularly music

14. Queensland Spatial Information Council smart spatial solutions for Queensland Mature Approach to Licensing Print View Render Derivative Extract Embed Transport Copy Move Loan Edit Play AddValue Share Integrate The rights custodians/users want to give/have?

15. Queensland Spatial Information Council smart spatial solutions for Queensland The only story more newsworthy than “man bites dog” has got to be “Bill Gates champions open sharing and collaboration.” His company’s … is now recognizing the virtues of the knowledge commons…. for AIDS research, at least. Yesterday, the Bill & Melinda Gates Foundation announced that it would require that any researcher who accepts its grant monies for HIV/AIDS research will have to agree to share their scientific findings…. Posted by David Bollier on Fri, 21/7/2006David Bollier IS HELL FREEZING OVER? EVEN BILL GATES EMBRACES THE INFORMATION COMMONS

16. Queensland Spatial Information Council smart spatial solutions for Queensland Stage 1 & 2 of Queensland WOG Information Licensing Review Identified non-standard and conflicting approaches to licensing and need for change Reviewed national and international initiatives on use and reuse of government information – Open Content Licensing Identified Creative Commons Licensing framework as best practice OCL Confirmed its legal validity

17. Queensland Spatial Information Council smart spatial solutions for Queensland Stage 3 Step 1 - Data Review and Legal Audit of strategic information within Government –Eight databases confirmed for CC (currently under closed licences) –Draft Government Information Licensing Framework Toolkit Step 2 – Development and Testing of Creative Commons-like Restrictive License –Draft licence allowing interchange of restrictive conditions –The concept of “break glass only as last resort” to be applied when choosing to use any of the restrictive conditions Step 3 – Development of Digital Licence Management Software –Confirmed that Digital Rights management software not required –Developed DLM Injector Software Step 4 – Business Case for WOG implementation of GILF

18. Queensland Spatial Information Council smart spatial solutions for Queensland CC + Restrictive = GILF Licences Data Volumes Open Content – Creative Commons Closed Content – Restrictive Set

19. Queensland Spatial Information Council smart spatial solutions for Queensland GILF Stage 4 GILF Policy Statement (may require legislative changes) GILF Principles GILF Information Standard GILF DLM solution GILF Performance Framework

20. Queensland Spatial Information Council smart spatial solutions for Queensland What is Creative Commons Licensing system that protects the intellectual property rights of the data creators whilst encouraging the sharing and re-use of that data Minimises administration with consistent and transparent legal framework for all information resources Can be applied to any information delivered in any media including text, books, film, photographs and music (digital or analogue)

21. Queensland Spatial Information Council smart spatial solutions for Queensland What is Creative Commons Creative Commons defines the spectrum of between full copyright (all rights reserved) and the public domain (no rights reserved) CC licences allow creators to retain copyright, while inviting certain uses of the work, a "some rights reserved" copyright. Predetermined set of licensing terms and conditions “CC makes copyright active”

22. Queensland Spatial Information Council smart spatial solutions for Queensland Licences are Clear and Simple BYAttribution BY-NCAttribution - Non Commercial BY-SAAttribution - Share Alike BY-NDAttribution - No Derivatives BY-NC-SAAttribution - Non Commercial - Share Alike BY-NC-NDAttribution - Non Commercial - No Derivatives

23. Queensland Spatial Information Council smart spatial solutions for Queensland Licences are Interoperable BYBY-NCBY-NC- ND BY-NC- SA BY-NDBY-SA BY BY-NC BY-NC- ND BY-NC- SA BY-ND BY-SA

24. Queensland Spatial Information Council smart spatial solutions for Queensland Licensing are Easily Applied Is commercial use allowed? Attribution is a condition for all Australian Creative Commons licences. Where a government owns a copyrighted piece of information, attribution affirms the government’s right to be acknowledged as the source of that information along with a legal right to license its use. ATTRIBUTION SHARE ALIKE ATTRIBUTION NO DERIVATIVES ATTRIBUTION CREATIVE COMMONS INFORMATION LICENSING OPTIONS No ATTRIBUTION NON-COMMERCIAL NO DERIVATIVES ATTRIBUTION NON-COMMERCIAL SHARE ALIKE Are derivative products allowed? No Are derivative products to be restricted to a share- alike basis? Yes No Yes BY-NC-SA BY BY-SA BY-ND BY-NC BY-NC-ND Are derivative products allowed? No Are derivative products to be restricted to a share- alike basis? Yes No Yes

25. Queensland Spatial Information Council smart spatial solutions for Queensland Licences are Understandable Human-Readable Commons Deed Lawyer- Readable Legal Code Machine-Readable Digital Code

26. Queensland Spatial Information Council smart spatial solutions for Queensland

27. Licence are Legally Valid – Legal Analysis

28. Queensland Spatial Information Council smart spatial solutions for Queensland Licences are Widely Use Already over 299 million CC resources on net Google and Yahoo have a specific CC search 66,967 Australian CC resources

29. Queensland Spatial Information Council smart spatial solutions for Queensland Use of CC

30. Queensland Spatial Information Council smart spatial solutions for Queensland Use of CC - Digital Road Network

31. Queensland Spatial Information Council smart spatial solutions for Queensland MIT Open CourseWare

32. Queensland Spatial Information Council smart spatial solutions for Queensland Use of CC in Mozilla Web Browser

33. Queensland Spatial Information Council smart spatial solutions for Queensland CC has a Second Life

34. Queensland Spatial Information Council smart spatial solutions for Queensland

35. GILF Policy assess and document legal issues in information products and services –reduce the likelihood of misuse by custodians or customers –reduce risk of legal liability for Government standardised licence formats make it easier –information custodians (license information products and services) –customers (clearly understand the lawful uses which they may make of the public sector information being licensed)

36. Queensland Spatial Information Council smart spatial solutions for Queensland Policy principle 1 identify and respect the Intellectual Property rights in information products of the Queensland Government include appropriate copyright notices which identify the State as owner of copyright in the product –range of standards

37. Queensland Spatial Information Council smart spatial solutions for Queensland Policy principle 2 identify and respect the Intellectual Property rights of others, including information products and services that contain third party Intellectual Property –audit questions

38. Queensland Spatial Information Council smart spatial solutions for Queensland Policy principle 3 determine the rights of use to be granted under a licence to all information products and services prior to publication –licence selector

39. Queensland Spatial Information Council smart spatial solutions for Queensland Policy principle 4 apply standard licence terms and conditions to information products and services and make it easy for customers to understand the legal rights they have to use the information products and services –GILF: 6 CC (Australia) licences + restrictive licence

40. Queensland Spatial Information Council smart spatial solutions for Queensland Audit outputs and inputs –publication, report, database, model, system/framework –one information product input, or many information product inputs –a single data series, spatial imagery, derived software uses and licences

41. Queensland Spatial Information Council smart spatial solutions for Queensland Outputs and inputs 1. Who produced or created the information product input? all information came from within your agency? mandate or authority and accountability under legislation, regulation or policy for the collection of the information product input on behalf of the State? your agency is the publisher/distributor of the information product input? from another government agency or created entirely within the State government? commissioned by your agency using an external person or organisation or obtained in any other way from an external person or organisation? obtained input under a contract or licence? material from a third party included to develop the information product input in its current form?

42. Queensland Spatial Information Council smart spatial solutions for Queensland Outputs and inputs 2. What restrictions apply? MoUs, contract or licence restrictions on use and/or release of information? material from a third party? Has the external person or organisation secured from all other parties the necessary rights to enable your agency to use the information? Are there third party rights or restrictions which would prevent your agency from licensing it? eg. copyright statutory restrictions? security restrictions, including “commercial in confidence” ? personal information required to be protected under privacy obligations imposed by legislation, common law or Information Standards? highly commercial with real potential to generate a significant commercial return to agency for profit or to be commercially exploited by a commercialisation partner has agency given all the rights to license the information product input to another organisation?

43. Queensland Spatial Information Council smart spatial solutions for Queensland Uses and licences What uses can be made of the information product? –view? –copy? –distribute? –modify? –commercial uses? –charges? (statutory charges, licence fees, or cost of provision)

44. Queensland Spatial Information Council smart spatial solutions for Queensland Restrictive agreement clauses Names section Recitals Definitions and Interpretations DATA to be provided Payment Agency Representation Intellectual Property Confidential Information Use and Disclosure of Information Privacy and Disclosure of Personal Information Distribution and Sales Terms and Termination Termination by Supplier Dispute Resolution Commercialisation Indemnity Additional Conditions Jurisdiction Surviving Obligations Force Majeure Entire Agreement Waiver Variation Notices Direct Marketing/Privacy Signing Schedule

45. Queensland Spatial Information Council smart spatial solutions for Queensland GILF Toolkit Web based interactive guide to auditing and licensing your data prior to discovery or access. Being modelled on elearning environment developed for teachers and school students Proposal being submitted to CJCIOC to fund design and build

46. Queensland Spatial Information Council smart spatial solutions for Queensland Digital Licence Management Development of Digital Licence Management (DLM) Injectors DLM Integration of Injectors in IQ Data Download Service Working with ABS and Landgate, WA

47. Queensland Spatial Information Council smart spatial solutions for Queensland DLM Solution Purpose of the IT solution –Support digital license management –Not total information dissemination solution Being delivered through Project 3.05 Sub-project Demeter and Demeter Pliris

48. Queensland Spatial Information Council smart spatial solutions for Queensland What Benefits will we provide: –Easy link from data to licence –Find information based on its license »Eg: free to use or share –Clear licence branding on data How does Creative Commons provide these benefits? –Embedded licence metadata in files –Watermarking to include CC logos Benefits of DLM

49. Queensland Spatial Information Council smart spatial solutions for Queensland Sample MS Word

50. Queensland Spatial Information Council smart spatial solutions for Queensland Sample View of Mozilla Browzer

51. Queensland Spatial Information Council smart spatial solutions for Queensland Development Focus Focus of current work? –Need to get more data formats supported for example spatial formats –Require an automated system to insert licence metadata and watermarks in some cases –System needs to be suitable for integration with web portals, web services, content management systems etc.

52. Queensland Spatial Information Council smart spatial solutions for Queensland DLM Development Approach Approach –Partnering with Australian Bureau of Statistics who are leading development of a reusable generic solution – Digital Licence Management Component –The DLM component will be suitable for integration into portal applications and can be extended to support additional data formats –Integration of Digital Licence Management into the Office of Economic Research website.

53. Queensland Spatial Information Council smart spatial solutions for Queensland DLM Challenges Challenges –Vendor support for storage and display of licence metadata in files –Establishing an collaborative environment for software development and maintenance

54. Queensland Spatial Information Council smart spatial solutions for Queensland DLM Solution in Summary The software solution is for licensing only Its going to associate licences closely with the data There are some challenges, but they will be overcome as support grows for CC licences.

55. Queensland Spatial Information Council smart spatial solutions for Queensland Business Case Options for Implementing a GILF Solution Non-standard licensing Status quo Unsupported GILF Decentralised GILF Centralised GILF No Yes Licensing of PSI required? Yes Adopt GILF standardisation? Yes Provide GILF support? Yes Administer GILF centrally? POLICY DECISIONS IMPLEMENTATION OPTIONS

56. Queensland Spatial Information Council smart spatial solutions for Queensland Economic Effect of Licensing Economic costs of non-standard licensing is significance The economic value of reuse policies – USA v EU models In AUD per annum (2000)AustraliaQueensland Investment Value (IV)2.0 billion0.38 billion Economic Value (EV)80.5 billion 15.0 billion Population[1][1]19,071,0003,562,000 In AUD per annum (2000)AustraliaQueensland Investment Value (IV)0.77 billion0.14 billion Economic Value (EV)5.49 billion 1.0 billion Population[1][1]19,071,0003,562,000

57. Queensland Spatial Information Council smart spatial solutions for Queensland Strategic Risks Loss of business opportunities for Queensland; Direct losses through litigation related to copyright infringement, including the potential for some copyright infringement offence to invoke criminal penalties; and Losses due to inefficient cataloguing and metadata classification to manage public sector information as an asset.

58. Queensland Spatial Information Council smart spatial solutions for Queensland Cost Benefit Analysis Outcome Option Net Benefit (millions) Operating Expense (millions) Net Budget Impact (millions) Status Quo-$25.2$29.0$0 Non-Standard Licensing -$9.0$37.1$8.1 Decentralised GILF $11.48$14.3$2.9 Centralised GILF $7.9$16.5$5.0

59. Queensland Spatial Information Council smart spatial solutions for Queensland Business Case - Analysis Queensland Government makes substantial expenditure in licensing and supplying public sector information (PSI) each year. The financial, cost-benefit/economic analysis and policy analysis indicated that Option Decentralised GILF is the only viable options for licensing PSI across the Queensland Government

60. Queensland Spatial Information Council smart spatial solutions for Queensland Reaction to GILF in Qld Overwhelming demand for clear and simple licensing Overwhelming support from stakeholders in all levels of Government and private sector for a standard licensing framework GILF licences would support vast majority of data access and use transactions for Government agencies Business case shows positive financial, economic and policy outcomes for the Smart State

61. Queensland Spatial Information Council smart spatial solutions for Queensland Need for National Approach 42 Ministerial COAG committees have a inter-jurisdictional data exchange requirement. –All Hazards Management to National Water Initiative –Climate Change to National Road Transport Preparing a submission to CJCIOC to develop a NILF Portal

62. Queensland Spatial Information Council smart spatial solutions for Queensland Value of CC Licences to GILF Simple and Uniform Legally Interoperable Applicable in over 50 countries (through iCommons Project) User-accepted Applicable to 85% of data Technically interoperable Applicable to Government environment Legally tested

63. Queensland Spatial Information Council smart spatial solutions for Queensland Way Forward Stage 4 - Trial in Queensland Treasury – currently CC licensed 6 products CRC-SI Project 3.5 – “Enabling Real Time Information Access in both Urban and Regional Areas” NWI – Project Plan endorsed by ESCAWRI, NRMSC and NWIC CJCIOC – Ministerial Online and Communication Council – National Information Sharing Strategy ABS considering the application of CC to website material Aust Government Office of Spatial Data Management are piloting CC adoption

64. Queensland Spatial Information Council smart spatial solutions for Queensland Collaborators Australian Bureau Statistics QUT (OAKLaw) Information Queensland Landgate Cooperative Research Centre for Spatial Information AGIMO (Online & Communication Ministerial Council) Australia New Zealand Land Information Council Geosciences Australia National eHealth Transition Authority eHealth Research Centre Division of General Practitioners (Sunshine Coast) US National Science Foundation Microsoft ESCAWRI CJCIOC