Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright...

1

Opening up government copyright materials for access and reuse: developments in

policy and practice

Neale Hooper

Going Digital – Law for the Digital Economy 27 June 2014, Hobart

"Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/.

2

Australian Government’s Budget 2014-2015• Since the 2010-2011 Budget, all Budget Papers (1-4), Budget

Overview, Portfolio Budget Statements and Treasurer’s Budget Speech in each year have been published under Creative Commons Attribution 3.0 Australia (CC BY) licence.• In 2014-2015 for the first time tables and data from the Budget

Papers and Portfolio Budget Statements were also made available in the form of Excel (xlss) and machine readable CSV files on the Australian Government’s data.gov.au portal• These tables were also provided under a CC BY 3.0 Australian licence


3

Australian Government’s ongoing commitment to open access to government information - benefits

• The release of the 2014-2015 Budget documents in both text and data form under the CC BY licence -• enhances access to Budget information by the public and the media• makes it much easier for the information to be shared, analysed and

represented visually


4

Government and copyright • Copyright protects much of the creative, cultural, educational,

scientific and informational material generated by federal and state/territory governments and their various departments and agencies• Government functions result in a vast and diverse array of copyright

materials, eg legislation, parliamentary documents, cultural and historical materials, databases of statistical, mapping, meteorological and scientific data, official reports and publications and archived public records


5

Uptake of CC through diversity of sectors• Although CC had its origins in the creative and cultural sector, the licences have

been embraced by and are increasingly being used across a diversity of sectors including:• the creative industries• cultural heritage institutions• education• research• Industry• science• government• intergovernmental organisations.

During the decade since they were first launched, the CC licences have proven to be an effective and simple mechanism to facilitate sharing and collaborative production of content in the digital environment.


6

Steps toward CC adoption by government• Increasing demand by citizens, business and the public sector itself to

be able to access, use and reuse government information and materials• Web 2.0 technologies spurred Gov 2.0 initiatives as government

responded to calls for greater openness, transparency and accountability• Growing awareness of the centrality of government information to

innovation and public policy.• Acknowledgement of need to address the challenges presented to

government, as owner, user and custodian of copyright material in the digital age


7

Steps toward CC adoption by government• Traditional/existing models of information management and

copyright licensing were not realising the potential offered by the networked environment• Pricing practices and multiple (often incompatible) licences created a

gridlock and blocked the flow of government information• Copyright used to restrict access to information, acting as a barrier to

innovation and new opportunities for reuse


Licence combinations

9

Licence combinations – standard representation

Attribution 3.0 Australia (BY) <http://creativecommons.org/licenses/by/3.0/au/> Attribution 4.0 (BY) <http://creativecommons.org/licenses/by/4.0/>

Attribution No Derivatives 3.0 Australia (BY-ND) <http://creativecommons.org/licenses/by-nd/3.0/au/> Attribution No Derivatives 4.0 (BY-ND) <http://creativecommons.org/licenses/by-nd/4.0/>

Attribution NonCommercial 3.0 Australia (BY-NC) <http://creativecommons.org/licenses/by-nc/3.0/au/> Attribution NonCommercial 4.0 (BY-NC) <http://creativecommons.org/licenses/by-nc/4.0/>

Attribution NonCommercial No Derivatives 3.0 Australia (BY-NC-ND) <http://creativecommons.org/licenses/by-nc-nd/3.0/au/> Attribution NonCommercial No Derivatives 4.0 (BY-NC-ND) <http://creativecommons.org/licenses/by-nc-nd/4.0/>

Attribution NonCommercial Share Alike 3.0 Australia (BY-NC-SA) <http://creativecommons.org/licenses/by-nc-sa/3.0/au/> Attribution NonCommercial Share Alike 4.0 (BY-NC-SA) <http://creativecommons.org/licenses/by-nc-sa/4.0/>

Attribution Share Alike 3.0 Australia (BY-SA) <http://creativecommons.org/licenses/by-sa/3.0/au/> Attribution Share Alike 4.0 (BY-SA) <http://creativecommons.org/licenses/by-sa/4.0/>


10

Government - Open data initiatives• Big data /open government/ open data – see http://

www.theguardian.com/public-leaders-network/2014/apr/15/big-data-open-data-transform-government

• The Australian government provides open access to government information that can be legally provided to the public, with “value-adding public data sets” being published on its data.gov.au portal• These public data sets are also being distributed under a Creative Commons

licence, with the CC BY being the default licensing position – ensuring the data may not only be accessed but also lawfully used, shared and reused• Since 2008, Government departments and agencies Australia-wide have

progressively applied CC licences when distributing their information and data


http://www.theguardian.com/public-leaders-network/2014/apr/15/big-data-open-data-transform-government




11

Data.gov.au


12

Open Data – City of Hobart Road Formation datasets – February 2014• These datasets prepared by the Council are part of the City of

Hobart’s Detail Plan map series• The datasets which show the kerbs and edges of road formations of

roads within the municipal area (excluding formations on private property) were published in February 2014 through the Australian government’s data.gov.au under a CC BY licence• The datasets are provided under various machine readable formats eg

kmz, shp, CSV, GeoJSON which enable easy use and manipulation of the information


13

City of Hobart Road Formation datasets


14

Other City of Hobart datasets on data.gov.au


15

State Government Open Data portals• Queensland – data.qld.gov.au• South Australia – data.sa.gov.au• Victoria – data.vic.gov.au• New South Wales - data.nsw.gov.au

• All these portals/websites provide their datasets under CC licences as does the Australian government through its data.gov.au


16

City of Melbourne Council and Open Data

• In May 2014, the City of Melbourne Council launched its pilot open data platform which it intends to use to engage with its citizens to continue to improve the platform. The platform provides citizens with access to, and the legal right to reuse, machine-readable data which are available under the open licence, CC BY 3.0.


17

Early government adopters of CC licensing• Since 2008, Government departments and agencies Australia-wide

have progressively applied CC licences when distributing their information and data• Australian government departments responsible for important data

collections which were early adopters of CC licensing –• Geoscience Australia• Australian Bureau of Statistics• Bureau of Meteorology


18

Further examples of CC licensing by government• Australian parliament• ComLaw – Australian government legislation


19

Acceptance of CC licence as the default licence for Australian Government copyright materials

• The adoption of CC licensing on material released for public information by Australian governments was first formally recommended by the National Innovation System review committee in Venturous Australia – Building Strength in Innovation (2008)• This was followed by the Victorian Parliament’s Economic

Development and Infrastructure Committee in its report on its Inquiry into Improving Access to Victorian Public Sector Information and Data (2009)


20

CC BY as the default licensing option

• The release of Government copyright materials under the CC BY licence as the default licensing option was recommended by the Government 2.0 Taskforce (chaired by Dr Nick Gruen) in its report, Engage: Getting on with Government 2.0 in 2009• This recommendation was adopted by the Commonwealth

Government in 2010 and has been implemented in -• the IP (Intellectual Property) Principles for Australian Government Agencies,

which state in Principle 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


21

CC BY as the default licensing option (cont’d)

• the IP Manual, • the Guidelines for Licensing Public Sector Information for Australian

Government Agencies, and• the Principles on Open Public Sector Information issued by the

Australian Privacy Commissioner in 2011.


22

Intergovernmental organisations (IGOs) adopt CC• IGO’s:

• UNESCO (UN Education Science and Cultural Organisation)• World Bank• IMF (International Monetary Fund)

• A slight variant on the 6 standard CC licences has been developed recently for use by intergovernmental organisations in relation to their publications and other copyright materials. • These IGO versions of the 6 CC licences contain a mediation clause which may be

activated by an IGO to facilitate resolution of differences between an IGO licensor and a licensee.• UNESCO announced in December 2013 that its new Open Access Repository makes

more than 300 digital reports, books and articles available to the world under the Creative Commons IGO licences


23

International Examples

• White House website applies the CC BY (US) licence to all materials posted to its website by US citizens and others• The French Ministry of Culture announced in 2014 that it was sharing

its two flagship websites under CC BY SA, culturecommunication.gouv.fr and culture.fr.• Philippines Laws and Jurisprudence Databank. The collection was

recently licensed in 2014 under a CC BY NC 3.0 Philippines licence. Statutes, Issuances and Court Decisions are the copyright works of the Philippine Government.


24

International Examples (cont’d)

• The Austrian government in 2012 launched an open data portal with much of its data available under CC BY.• Italian Ministry of Education, University and Research launched its

Open Data portal which makes much of its data available under CC BY.• Italian Chamber of Deputies had developed a platform for publishing

linked open data under CC BY SA.


25

Polar Information Commons


26

Polar Information Commons – uses CC licences


27

Polar Information Commons – rights and badging API


28

Further reading• CC and Government Guide: Using Creative Commons 3.0 Australia Licences on Government

Copyright Materials, Anne Fitzgerald, Neale Hooper and Cheryl Foong, available at http://eprints.qut.edu.au/38364/20/CC_and_Govt_Guide_v3.2_110316_Final.pdf

• Explainer: Creative Commons, Anne Fitzgerald and Neale Hooper, The Conversation, 19 December 2013, available at http://theconversation.com/explainer-creative-commons-21341

• Budget Papers are free to share, thanks to Creative Commons, Anne Fitzgerald and Neale Hooper, The Conversation, 26 May 2014, available at http://theconversation.com/budget-papers-are-free-to-share-thanks-to-creative-commons-26900

• Various articles on CC licences and Government at http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html • http://eprints.qut.edu.au/32117/• http://eprints.qut.edu.au/29773/

• Creative Commons Australia website at http://creativecommons.org.au• Slideshare at http://www.slideshare.net/ccaustralia and

http://www.slideshare.net/GoingDigital"Opening up government copyright materials for access and reuse: developments in policy and practice" by Neale Hooper is licensed under a Creative

Commons Attribution 3.0 Australia Licence. To view a copy of this license, visit http://creativecommons.org/licenses/by/3.0/au/.

http://eprints.qut.edu.au/38364/20/CC_and_Govt_Guide_v3.2_110316_Final.pdf

http://theconversation.com/explainer-creative-commons-21341

http://theconversation.com/explainer-creative-commons-21341

http://theconversation.com/budget-papers-are-free-to-share-thanks-to-creative-commons-26900

http://theconversation.com/budget-papers-are-free-to-share-thanks-to-creative-commons-26900

http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html

http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html

http://eprints.qut.edu.au/32117/




http://creativecommons.org.au/

http://www.slideshare.net/ccaustralia

29

Presenter Information

Neale Hooper BA LLB LLM (Qld) is a legal consultant and former Principal Lawyer in the Intellectual Property and Technology Law team in the Queensland Crown Law Office. Neale holds undergraduate and graduate degrees in Law from the University of Queensland. He has considerable experience as a legal practitioner, consultant and researcher in the area of intellectual property and innovation law, and technology commercialisation. From 2005, Neale has been centrally involved with Creative Commons Australia and has played a leading role in the implementation of Creative Commons licensing – particularly in the government sector – as well as the revision and ongoing management of the licences.


Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright...

Law

Transcript of Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright...