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 EXCHANGEAND SHARING OF DATA
Tim Barker, Neale Hooper, John Cook, Jenny BoppQueensland Treasury
Anne Fitzgerald, Baden AppleyardQUT
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
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?
Queensland Spatial Information Council smart spatial solutions for Queensland
How Important Is Being Right about your Information Property “Rights”
Queensland Spatial Information Council smart spatial solutions for Queensland
What we want as Decision
Makers
Web MapServer
Web CoverageServer
Web FeatureServer
Web TerrainServer
Queensland Spatial Information Council smart spatial solutions for Queensland
Build Spatial Enabled Applications
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
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
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.
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
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.
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
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
Queensland Spatial Information Council smart spatial solutions for Queensland
Mature Approach to Licensing
PrintPrint
ViewView
RenderRender DerivativeDerivative
ExtractExtract
EmbedEmbed
TransportTransport
CopyCopy
MoveMove
LoanLoan
EditEdit
PlayPlay
AddValueAddValueShareShare
IntegrateIntegrate
The rights custodians/users want to give/have?
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, 21/7/2006
IS HELL FREEZING OVER? EVEN BILL GATES EMBRACES THE INFORMATION COMMONS
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
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
Queensland Spatial Information Council smart spatial solutions for Queensland
CC + Restrictive = GILF Licences
Data Volumes
Open Content –Creative Commons
Closed Content –Restrictive Set
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
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)
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”
Queensland Spatial Information Council smart spatial solutions for Queensland
Licences are Clear and Simple
BY Attribution
BY-NC Attribution - Non Commercial
BY-SA Attribution - Share Alike
BY-ND Attribution - No Derivatives
BY-NC-SA Attribution - Non Commercial - Share Alike
BY-NC-ND Attribution - Non Commercial - No Derivatives
Queensland Spatial Information Council smart spatial solutions for Queensland
Licences are Interoperable
BY BY-NC BY-NC-ND
BY-NC-SA
BY-ND BY-SA
BY
BY-NC
BY-NC-ND
BY-NC-SA
BY-ND
BY-SA
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
ATTRIBUTIONNO DERIVATIVES
ATTRIBUTION
CREATIVE COMMONS INFORMATION LICENSING OPTIONS
No
ATTRIBUTIONNON-COMMERCIAL
ATTRIBUTIONNON-COMMERCIAL
NO DERIVATIVES
ATTRIBUTIONNON-COMMERCIAL
SHARE ALIKE
Are derivative products allowed?
No
Are derivative products to be restricted to a share-alike basis?
Yes
No
Yes
Yes
BY-NC-SA
BY
BY-SA
BY-ND
BY-NC
BY-NC-NDAre derivative products allowed?
No
Are derivative products to be restricted to a share-alike basis?
Yes
No
Yes
Queensland Spatial Information Council smart spatial solutions for Queensland
Licences are Understandable
Human-ReadableCommons Deed
Lawyer-ReadableLegal Code
Machine-ReadableDigital Code
Queensland Spatial Information Council smart spatial solutions for Queensland
Queensland Spatial Information Council smart spatial solutions for Queensland
Licence are Legally Valid – Legal Analysis
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
Queensland Spatial Information Council smart spatial solutions for Queensland
Use of CC
Queensland Spatial Information Council smart spatial solutions for Queensland
Use of CC - Digital Road Network
Queensland Spatial Information Council smart spatial solutions for Queensland
MIT Open CourseWare
Queensland Spatial Information Council smart spatial solutions for Queensland
Use of CC in Mozilla Web Browser
Queensland Spatial Information Council smart spatial solutions for Queensland
CC has a Second Life
Queensland Spatial Information Council smart spatial solutions for Queensland
Queensland Spatial Information Council smart spatial solutions for Queensland
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)
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
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
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
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
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
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?
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?
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)
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 SupplierDispute ResolutionCommercialisationIndemnity Additional ConditionsJurisdictionSurviving ObligationsForce MajeureEntire AgreementWaiverVariationNoticesDirect Marketing/PrivacySigningSchedule
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
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
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
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
Queensland Spatial Information Council smart spatial solutions for Queensland
Sample MS Word
Queensland Spatial Information Council smart spatial solutions for Queensland
Sample View of Mozilla Browzer
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.
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.
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
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.
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
No
No
No
Yes
Licensing of PSI required?
Yes
Adopt GILF standardisation?
Yes
Provide GILF support?
Yes
Administer GILF centrally?
POLICYDECISIONS
IMPLEMENTATIONOPTIONS
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) Australia Queensland
Investment Value (IV) 2.0 billion 0.38 billion
Economic Value (EV) 80.5 billion 15.0 billion
Population[1] 19,071,000 3,562,000
In AUD per annum (2000) Australia Queensland
Investment Value (IV) 0.77 billion 0.14 billion
Economic Value (EV) 5.49 billion 1.0 billion
Population[1] 19,071,000 3,562,000
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.
Queensland Spatial Information Council smart spatial solutions for Queensland
Cost Benefit Analysis Outcome
OptionNet 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
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
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
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
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
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
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
Top Related