Creative Licensing to Expand Australia’s Public Domain 11 May 2004 Announcing AEShareNet-FfE Philip Crisp Special Counsel, Australian Government Solicitor tel. (02) ;

Open source / open content in context - the evolution of publishing models Traditional supply chain: –author » publisher » distributor » consumer –few producers; many passive consumers who received ‘commoditised’ product Collecting societies Modern publishing models –no longer linear –consumers may be re-developers, re-publishers –new forms of intermediation (e.g. search engine) –wider class of producers, intermediators bypassed

Publishing objective is not just to make money by exploiting copyright Government –to promote a public cause, e.g. government health campaign to combat obesity –to establish a standard Commercial –loss-leading; i.e, giving away content to promote allied services or products where the real competitive advantage lies –advertising, pure and simple

Publication on Internet... –enables more effective and efficient dissemination of a desired message –saves duplication costs (which are shifted to the user) –(possibly) need to operate fewer shop fronts Anomalous that education users should be asked to pay for downloading practices that are undertaken by other users freely, in homes, schools and offices Problem arises from failure to consider, understand implications of copyright statement

DEST recommendations to the Digital Agenda Review Where a work etc. is made available on the Internet by or with the consent of the copyright owner, and is not subject to a technological protection measure, it should not be an infringement of copyright to reproduce or communicate that material for education purposes The preceding principle may be excluded or modified by agreement

Making it easier in practice: AEShareNet-FfE

Transacting an AEShareNet-FfE Licence Anyone may extend an AEShareNet-FfE licence Licence extended by applying FfE Mark: with link back to AEShareNet-FfE home page No requirement for Material Registration Licence extended to anybody with a copy which legitimately attaches AEShareNet-FfE mark –but must not obtain that copy by circumventing a ‘technological protection measure’

Rights granted under AEShareNet-FfE Licence is limited to Educational Purposes ‘Education’ = a structured program of learning and/or teaching for the benefit of a learner Licensee may: –Use (read, view, play, execute, etc.) the material personally or within their organisation –make copies for personal/internal use subject to TPM But may not: –Develop Enhancements –Supply, etc. to Third Parties –Sub-licence

Points to note re AEShareNet-FfE Key context for use of AEShareNet-FfE is the internet ‘Attachment’ principle; retention of AEShareNet-FfE mark Derivatives: –may copy (part or whole) –may create ‘Edited Version’ (no new © arises) –but may not create ‘Enhancement’ In any case: –must not circumvent a technological protection measure –author’s Moral Rights are preserved –may not deal with material so as to ‘mislead or deceive’

Liberal Publishing Models AEShareNet ( Open source movement Creative Commons ( Commonwealth policy developments: –Commonwealth IT IP Guidelines, 2001 ( –CLRC inquiry into Crown copyright ( –ANAO Report #25 on Intellectual Property Policies and Practices in Commonwealth Agencies (

AEShareNet Architecture Constitution of AEShareNet Limited Charter: business rules, including processes for management of the Licence Protocols, © in AEShareNet databases, dispute resolution, etc Licence Protocols: U, P, S, C, E and FfE Supporting Definitions: ‘Licence Glossary and Interpretation’

Architecture of a Licence Protocol Conditions of the licence (that is transacted) [Part B] meta-level: Rules for transacting a licence [Part C] meta-meta-level: Control information relating to the Licence Protocol (e.g. when this version became effective, and when superseded) [Part A]

Conditions of a Licence – Underlying Concepts Rights –Use (read, view, execute; also make copies for your personal use or use within Licensee organisation) –Development of Derivatives –Supply (distribute, communicate, perform) –Sublicence (extend your Rights to a Third Party) Categories of Derivative –Edited Version –Enhancement –Supplementary Work –Compilation

AEShareNet Licence Protocols AEShareNet-S: Standard licence AEShareNet-P: Preserves integrity of material AEShareNet-U: Unrestricted use AEShareNet-C: Customisable. May be Commercial AEShareNet-E: End-user licence; commoditised products AEShareNet-FfE: Free-for-Education licence

AEShareNet-S as the central Licence Protocol Transacting a licence –Material ‘registered’ on AEShareNet website may apply AEShareNet-S mark, with link to Registration –Licensee visits Registration and accepts Licence Conditions of the Licence –may Use (including copy) –can make an ‘Enhancement’ © consolidates with the original owner, and AEShareNet–S Licence mark is retained –can Supply to Third Parties –Sub-licensing not relevant

Licence Protocols compared AEShareNet–S 2 years; Australia & NZ only Enhancements vest in original owner May Supply to Third Parties Licensor registers; Licensee accepts AEShareNet–U Perpetual, worldwide Enhanced version vests in Licensee Some pre-clearance of Moral Rights May Supply to Third Parties Licensor registers; Licensee uses AEShareNet–E Perpetual, worldwide May not circumvent a TPM Enhancements (if permitted) vest in original owner End user licence; no Supply Rights Licence Fee / Royalties may apply Licensor registers product list; Licensee selects items, quantities AEShareNet–C Customisable licence conditions Enhancements (if permitted) vest in original owner Licence Fee / Royalties may apply Licensor registers; AEShareNet mediates negotiations AEShareNet–P 1 year, worldwide Enhancements not permitted May Supply to Third Parties Licensor registers; Licensee accepts AEShareNet–FfE Perpetual, worldwide Can Use for Education Purposes May not circumvent a TPM Enhancements not permitted No Supply Rights Licensor applies Mark; Licensee uses