CC and Government in Australia: Melbourne, 24 October 2013

Neale Hooper, BA, LLB, LLM (UQ)
Creative Commons Australia

Melbourne
24 October 2013
© 2013 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.

Government (“Crown”) Copyright
 Vast amounts of government copyright materials
 Copyright applies to:
 Informational works

 Research outputs (reports, papers, databases)
 Cultural materials

 Public Sector Information (PSI) in a broad sense

includes material that is:
 created within government by government employees;
 produced externally by recipients of government funding; or
 prepared by non-government parties and lodged with government

under a statutory obligation or regulatory direction.

© 2013 Anne Fitzgerald..

Public sector components
 Government
 Federal
 State
 Local
 Education
 Secondary
 Tertiary
 Research
 Publicly-funded research institutes
 Government agencies e.g. CSIRO

Photographs, paintings,
images, sculptures…
(artistic works)

Generic 2.0 ‘take the old machine’ by Angelo González, http://www.flickr.com/photos/21251150@N04/5291456294

Music, sound recordings,
radio broadcasts…
Generic 2.0

‘I Giovani e la Musica’ by Super UbO, http://www.flickr.com/photos/14443853@N07/5362778675

Films, Videos, Theatre,
TV broadcasts…
(cinematograph films, dramatical works, television broadcasts)
Generic 2.0 ‘Apollo 11 Video Restoration Press Conference / Newseum’ by NASA Goddard Space Flight Centre, http://www.flickr.com/photos/24662369@N07/3726614425

Blogs, books, articles, essays…
(literary works, published editions of works)

Generic 2.0

‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/

Compilations of data…

("literary work" includes: … a table, or compilation , expressed in words, figures or symbols – s 10, Copyright Act 1968)
)

Generic 2.0

‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/

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


Understanding the Creative
Commons licences
 a standardised system for licensing the use of

copyright materials
 a suite of 6 standardised licences
 available in 3 forms: plain english (summary); legal code

and machine-readable code

 Each licence grants baseline permissions 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 core conditions

Central elements of CC licences
 Baseline Permissions
 Core Conditions


Baseline Permissions
 Fundamental baseline rights granted by all CC
licences:
 reproduce
 distribute
 publicly perform
 On condition of Attribution

 Additional baseline permission granted in 4 of the
6 CC licences to create Derivative Works and
 reproduce
 distribute

the Derivative Work

Core Conditions
Attribution (BY) – attribute the author, and no false attribution
This applies to all CC licences

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
Note: ND and SA cannot be used together


Licence combinations


CC BY
 Core condition:
 Attribution (BY) – attribute the author/other
specified party; do not falsely attribute authorship
 Baseline Rights:
 reproduce
 distribute

 create Derivative Works (and reproduce, distribute

and publicly perform the Derivative Work)

Version 4.0 international licences

 Produced following extensive consultation rounds with the CC community and CC

Affiliate groups in numerous countries worldwide over more than 24 months
(commenced October 2011)
 CC Australia has been an active participant in the drafting of the CC 4.0 licences –
including in discussions at the CC Global Summit in Buenos Aires in September
2013.
 After 4 rounds of consultations and drafting, the CC 4.0 licences are close to public
launch – currently draft 4, version 2.
 Some key issues considered in the development CC 4.0:
 Internationalisation
 Warranties and customisation of licences
 Sui generis database rights
 Effective technological measures
 Legal code (licence terms): SA attribution (simplification)
 Various changes made in CC 4.0 to format, structure and the terminology used in
the CC 3.0 licences, including CC 3.0 Australia licences.
 NOTE: CC 4.0 licences do not contain an applicable law clause, unlike CC 3.0
licences, including the CC 3.0 Australia licences.

For more information see: http://wiki.creativecommons.org/4.0

I love
A sunburnt country
A land of sweeping plains
Of ragged mountain ranges
Of droughts and flooding rains.
My Country, Dorothea McKellar (1904)

…

‘ ‘Uluru at sunset’ by Richard Fisher, http://www.flickr.com/photos/richardfisher/3114503461/

Cyclone Larry – Far North
Queensland (March 2006)
Led to steps towards adoption of
open content licensing

(Creative Commons) as the
default position for distribution
of government copyright
materials

Black Saturday Bushfires –
Victoria (February 2009)
Catalyst for the direct provision

of raw data in open formats
suitable for immediate reuse


Sam the Koala and David Tree
Victorian bushfires, February 2009

Victorian Parliament
Economic Development
and Infrastructure
Committee (EDIC)
Improving Access to
Victorian Public Sector
Information and Data
(2009)


Putting Innovation centre-stage: Review of the
National Innovation System (Cutler review) 2008
Information flow is a central part of the innovation
agenda

The value of information/content is in its use/re-use

Venturous Australia (Cutler
report, 2008)
•Australia should establish 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:

•maximise the flow of government generated
information, research, and content for the

benefit of users (including private sector resellers of
information).
•A specific strategy for ensuring the scientific
knowledge produced in Australia is placed in
machine searchable repositories be developed and
implemented using public funding agencies and universities
as drivers.

•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,
to the maximum extent possible.
Open gate by chelmsfordblue (Nick)

Venturous Australia (Cutler
report, 2008)
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.

OECD PSI Recommendation (2008)
 the “Openness” principle states:
 “Maximising the availability of public sector information for use and re-use

based upon presumption of openness as the default rule to facilitate
access and re-use. Developing a regime of access principles or assuming
openness in public sector information as a default rule wherever possible
no matter what the model of funding is for the development and
maintenance of the information. Defining grounds of refusal or
limitations, such as for protection of national security interests, personal
privacy, preservation of private interests for example where protected by
copyright, or the application of national access legislation and rules.”

 the “Access and transparent conditions for re-use” principle states:
 “Encouraging broad non-discriminatory competitive access and conditions

for re-use of public sector information, eliminating exclusive
arrangements, and removing unnecessary restrictions on the ways in which
it can be accessed, used, re-used, combined or shared, so that in principle
all accessible information would be open to re-use by all. Improving
access to information over the Internet and in electronic form. Making
available and developing automated on-line licensing systems covering reuse in those cases where licensing is applied, taking into account the
copyright principle below.”

Gov 2.0 Taskforce – “Engage:
getting on with Government 2.0”
December 2009; http://gov2.net.au
Central recommendation: A declaration of open government by the
Australian Government
Recommendation 6: Make public sector information
open, accessible and reusable [chapter 5, p 58]
6.1 By default, Public Sector Information (PSI) should be:







free
based on open standards
easily discoverable
understandable
machine-readable
freely reusable and transformable.

6.2 PSI should be released as early as practicable and regularly updated to
ensure its currency is maintained.
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.

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
(http://creativecommons.org.au/) 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.


Office of Australian Information Commissioner –
Principles on open public sector information
(2011)
8 Open PSI principles published by OAIC in May 2011 - see
http://www.oaic.gov.au/publications/agency_resources/pri
nciples_on_psi_short.html
 Principle 1 (Open access to information – a default

position):

 information held by Australian Government agencies is a

valuable national resource and where “there is no legal need
to protect the information it should be open to public access”

 Principle 6 (Clear reuse rights):
 releasing public sector information under open licensing
terms enhances its economic and social value
 the Creative Commons Attribution (CC BY) licence
should be the default licensing condition when
Australian Government agencies publish information online

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;

 Intellectual Property Manual (IP Manual).
 The 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.


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.


Queensland 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.”

How do people use CC licences?
 To license out: use CC licences on copyright materials you
create
 enable others to find your material online through using the standard

search engines; give permission to others to lawfully use your material
(eg copy, on-distribute, post to a website, value add, mashup
 e.g.



Repositories – Wikipedia, Flickr, YouTube
Institutions/Organisations – ABC, Al Jazeera

 To license in: use copyright materials created by others
that are distributed under CC licences
 enable you to find their material online through using the standard

search engines; give permission to you to lawfully use their material eg
copy, on-distribute, post to a website, value add, mashup e.g.



students using CC material from Wikipedia in their projects
teachers using Open Educational Resources (OER) licensed under CC

 In either case, the scope of re-use will depend on which CC licence

selected

CC licensed material

 Creative Commons, The Power of Open, available at http://thepowerofopen.org/,
licensed under CC BY, http://creativecommons.org/licenses/by/3.0/.

CC BY SA
Most of Wikipedia's text and many of its images are duallicensed under the Creative Commons AttributionSharealike 3.0 Unported License (CC-BY-SA) and the GNU
Free Documentation License (GFDL)
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 redistribute 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.
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.)

Australian Government use of CC








Australian Bureau of Statistics (ABS) – since 2007/2008
Geoscience Australia (GA) – since 2008
Federal Treasury: Budget Papers - 2010, 2011, 2012
ComLaw
Australian Parliament
Numerous official reports – Federal and State governments
Data portals





data.gov.au
www.data.vic.gov.au
data.qld.gov.au
data.sa.gov.au

 Note – adoption of CC pre-dated the Gov 2.0 Taskforce in

2009 and acceptance of its recommendations in 2010

Credits: Background photo by Matthew Knott, Tasmania
CC-BY-NC-SA, http://www.flickr.com/photos/mknott/606575243/

Geoscience Australia - Landsat 8 data
 Landsat 8 satellite launched in 2013 - GA is making 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

 data is beamed from Landsat 8 on a daily basis to GA-operated ground

stations in Alice Springs and Darwin; as soon as possible after receipt
and processing, GA will make the satellite images publicly available free
of charge.

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

 2010 Federal Budget

Papers licensed under CC
Attribution 2.5
Australia
 2011 and 2012 Federal
Budget Papers under CC
Attribution 3.0 Australia

Australian Electoral Commission
 AEC applied the CC BY 3.0 Australia licence as a

default licence for all the material on its website.
 The AEC is responsible for conducting federal
elections and referendums and maintaining the
Commonwealth electoral roll. It also provides a range
of electoral information and education programs and
activities.
 The AEC’s classroom resources page and publications
page, which has a range of educational resources
available under CC BY. There is also a range of
translated information for people from non-English
speaking backgrounds.

Atlas of Living Australia
 See www.ala.org.au
 funded by the Australian Government to develop an

authoritative, freely accessible, distributed and federated
biodiversity data management system – ALA is the Australian
node of the Global Biodiversity Information Facility - see
http://www.gbif.org/
 encourages contributors to upload their materials under a
CC licence via the system’s contribution form:
 What license should I use?
 The Atlas encourages the use of the latest version of the Creative

Commons Australia licenses and our contribution forms are geared
to this type of license. Other license terms can be used if you would
prefer as long they grant the right to share the information.

 See ALA Data Licensing FAQs at

http://www.ala.org.au/faq/data-licensing/

http://www.parliament.qld.gov.au/

ABC “80 Days that Changed our Lives”
 To celebrate ABC’s 80th anniversary , ABC released 22 files

capturing historic moments on Wikimedia under CC BYSA
 first collection of broadcast “packaged” footage released to
Wikimedia Commons under a free license

 http://en.wikipedia.org/wiki/History_of_the_Internet

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

World Bank – New OA Policy
 “For work carried out by Bank staff, the policy applies to

manuscripts and all accompanying data sets (a) that result
from research, analysis, economic and sector work, or
development practice; (b) that have undergone peer review
or have been otherwise vetted and approved for release to
the public; and (c) for which internal approval for release is
given on or after July 1, 2012.
…
 Requires that manuscripts published through the Bank, be
both free to access online through the Bank’s Open
Knowledge Repository and free of restrictions on their use
(libre OA) from the time of deposition of the content.

These manuscripts shall be published under
the CC BY license.”

World Bank – New OA Policy
 Effective 1 July 2012
 http://documents.worldbank.org/curated/en/2012/04/16200740/worldbank-open-access-policy-formal-publications

 all research outputs published by the Bank be
licensed under CC BY as a default.
 For work created by Bank staff, the policy covers
manuscripts and all accompanying data sets.
 These OA publications will be made available through
the Bank’s Open Knowledge Repository.

Office of the Australian Information
Commissioner (OAIC) Survey (2012)
 The OAIC applies the Open PSI Principles in its role of






monitoring compliance by Australian Government
agencies with the publication objectives of the Freedom of
Information Act 1982 (Cth) (FOI Act)
In 2012, OAIC commissioned a survey of Australian
Government agencies to understand their practices in
managing and publishing PSI
Survey conducted online between 30 April and 11 May 2012
(extended deadline to 17 May 2012)
Provides some important data on the implementation of
the Open PSI Principles
The first examination of the use of CC licensing by
Government agencies in giving effect to open government
strategies

OAIC Survey findings
Challenge of implementing open licensing
 Of 191 agencies responding only 8.8% said that
Principle 6 (clear reuse rights) was the most
challenging to implement in practice
 The most challenging aspects were:
 transitioning to CC BY as the default position (53.3%)
 determining an appropriate open licence (20%)

 Principle 6 ranked 4th in difficulty of implementation

among the PSI Principles
 By contrast, 28.2% of respondents ranked Principle 1
(open access to information as a default position) as
the most challenging PSI Principle to implement

Current or intended adoption of open licensing for
PSI
 57.6% of agencies were already using the CC BY licence
or another open content licence as the default or
intended to do so within 12 months
 28.3% were already using CC BY as the default licence
 4.7% were using some other licence – not clear what

licence/s are being used by this group

 24.6% indicated they intended to adopt CC BY or

another open content licence as the default within the
next 12 months

Amount of PSI published under open licensing
terms
 48% of agencies had released all, most or at least
some of their PSI under open licensing terms
 In the last 12 months, 24.6% had published all or
most of their PSI under open licensing terms that
permitted reuse
 8.9% provided all their published PSI under open

licensing terms; 15.7% published most of their PSI
under these terms

 A further 23% of agencies published at least some of

their PSI under open licensing terms
 Only 16.9% had not used open licensing at all

OAIC Survey Conclusions
 The OAIC Survey shows that Australian Government

agencies are embracing open access and a proactive
disclosure culture
 Open licensing under CC (especially CC BY) is
increasingly prevalent
 But, there is a need to further develop the policy
framework and principles governing information
access and reuse

 But, the OAIC Survey findings highlight the need for

further work on the development of a
[comprehensive, national] information policy or
strategy – as was recommended in the National
Innovation System review (Venturous Australia) in
2008
 Open licensing strategies (based on CC) can be used to

advance open government objectives but should
operate in the context of a well-developed policy
framework

 The OAIC Survey also shows the need for:
 practical guidance and tools to assist in the
implementation of open government information policy
and open licensing
 Leadership, resources and training – more important for
smaller agencies (which lack the knowledge and
experience that has developed in the largest agencies)

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
www.oecd.org/dataoecd/35/7/38654317.pdf.


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 “the 4 R’s”  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.

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

P062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216

TAACCCT
 The first round of grants (Wave 1) awarded nearly $500

million in 2011, and the second round (Wave 2),
announced on 27 February 2012, made another $500
million available to eligible higher education
institutions.
 Wave 1 - materials produced must be distributed under
a CC BY licence.
 Wave 2 - the CC BY license must also be applied to
modifications made to pre-existing, grantee-owned
content using grant funds.


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).


Khan Academy – Terms of Service
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 AttributionNonCommercial-ShareAlike 3.0 United States
License (available at http://creativecommons.org/licenses/by-ncsa/3.0/us/) (the “Creative Commons License”). …


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 have been held to be valid and enforceable by courts


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


CC & Government Guide
CC & Government Guide: Using Creative
Commons 3.0 Australia Licences on Government
Copyright Materials
Anne Fitzgerald, Neale Hooper & Cheryl Foong (2011)
<http://eprints.qut.edu.au/38364/>
<http://creativecommons.org.au/sectors/government>


Townsville Tripping by Rob and Stephanie Levy
http://www.flickr.com/photos/robandstephanielevy/1557428475/

Thank you
 Professor Anne Fitzgerald: afitzgerald@lawyer.com
 Neale Hooper: nhooper@lawyer.com
 For further information, see:
 Creative Commons Australia – http://creativecommons.org.au
 Creative Commons International – http://creativecommons.org

 Twitter: @ccAustralia @eduCCau @govCCau
 Facebook: http://www.facebook.com/ccAustralia
 Presentations:
 Slideshare – http://www.slideshare.net/ccAustralia
 Access to Public Sector Information – http://www.aupsi.org
 Publications:

(http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html)
© 2013 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.

CC and Government in Australia: Melbourne, 24 October 2013

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