7B: Implementing 'Open Source' Software licences, Chair: Pia Smith President, Linux Australia

New models for sharing and trading intellectual property

Paul Kangro Solutions Manager, Novell Asia Pacific

New models for sharing and trading intellectual property

Brendan Scott Principal, Open Source Law

New models for sharing and trading intellectual property

9B: Implementing ‘Open Content’ licences, including 'Free for Education' Dennis Macnamara, Business Development Manager AEShareNet Carol Fripp, General Manager, AEShareNet

New models for sharing and trading intellectual property

Implementing Open Content Licences Carol Fripp Dennis Macnamara Unlocking IP November 2004

Copyright 2004 AEShareNet Ltd Summary Open Content issues for education and training Digital imperatives for Open Content Finding and acquiring other people’s resources Open Content and pay per view Implementing AEShareNet Licensing options

with permission of RMR Global Unlocking the Value of IP  IP discipline as key as that for financials  IP as an Asset – must be subjected to the same thoroughness, management and treatment as other assets  Resultant IP

IP, an Aspect of Corporate Governance People Management – because IP is generated by people and used by people Knowledge Management – because a lot of knowledge is informal and may or may not crystallise as recognisable category of IP IT Strategic Planning – because a lot of IP is IT-related; some of the more complex IP issues arise in IT context Contract Management – because IP is often created (or improved) in context of a contract (eg, supply contract or joint venture relationship) Asset Management – because IP is an asset, albeit intangible; it has a value Risk Management – because there are risks to an organisation flowing from its actions, or failure to act, in relation to IP (including risk of lost opportunity) with permission of P Crisp, AGS, 2003

1.People Assets Skills Knowledge creativity 3. Intellectual Assets Processes Information sheets Learning resources 2. Physical Assets Buildings Furniture Equipment 4. Intellectual Property Copyright Patents Trade Marks

Integrating IP management into education and training business Aspire to Organisation decides business plan/course program Identify required learning resources and existing shortfall Assess buy and build options License in resources from outside Record all IP information for developed or licensed materials License out your products to others Get Away from (Individual trainers )develop learning resources for current programs Review resources once produced Investigate who owns the IP/Copyright Work out what can be done with the materials in terms of on sales

Copyright “Was” About Tangible things (books, journal issues, photos, vinyl LPs, audio-tapes, microfilm, video-tapes, cassettes, diskettes, CD- ROMs, games-cartridges) A person bought, rented, borrowed or visited a tangible thing, or gained admission to a location where it was reproduced, performed or played The person had no need for a copyright licence because the publisher took care of that Replication was expensive, required infrastructure Copy access was limited to one person or place with permission of Xamax Consultancy Ltd, 2003

Now About Digital Age Issues Digital not physical / Bits not atoms Compound objects: ‘multimedia’ plus software Copying is intrinsic to transmission Copying is performed by the consumer => Consumers suddenly need a copyright licence Copies for personal use are indistinguishable from copies for re-sale, and copies for adaptation Copyability and Adaptability are intrinsic => with permission of Xamax Consultancy Ltd, 2003

Operating in a digital world IP management issues in a digital environment cf Horse Racing Fragmentation of copyright ownership Difficulties of discovery Cost of copyright transactions Digital “outing” and disputes Re-inventing of the wheel with permission of P Crisp, AGS, 2003

Copyright 2004 AEShareNet Ltd What are some learning resource issues? Training now going on all over the place Making the most use of existing resources Copyright control for effective service provision Trading & sharing resources locally and globally

Copyright 2004 AEShareNet Ltd Advantages of a licensing approach Permission to copy and maybe to enhance More flexibility in how you use other people’s resources Don’t develop from scratch Save time and money Collaboration Get out to students faster Providing a diverse learning experience for your students The sector as a whole benefits through greater efficiency and better products

The Case for charging for Open Content A method of ensuring fairness of the sharing ( eg big and small players) A necessity for unlocking some IP ( eg cross industry)

Derivatives Work ~ A Contextualisation (changes are usually too trivial to give rise to any fresh layer of copyright) An Enhancement (substantial Changes - new IP arises, but insertions & deletions unusable apart from original Work) A Supplementary Work (new IP Arises – the new subject matter is meaningful to some extent, without the original Work) A Compilation (each item has IP, provided substantial – in addition the Compilation attracts IP because of the effort in selecting & arranging) ~ with permission of P Crisp, AGS, 2003

What is AEShareNet? A company owned by all the Australian Ministers of Education Set up to create a trading marketplace in learning materials Operating as a broker in the emerging marketplace

Copyright 2004 AEShareNet Ltd What does AEShareNet provide? Discover what is out there, Anyone can play Acquire a licence to use and adapt existing resources, Anyone can play Make your own resources available securely, members only Obtain/give the permissions for use and have assurance of how the resource can/can’t be used

Copyright 2004 AEShareNet Ltd Search – locate – preview - purchase Search the database using key words or Advanced searching Read the description and licence conditions Preview the resource or contact licensor Press the button to request a licence

Copyright 2004 AEShareNet Ltd The Model 6 trademarked licence ‘protocols’ – Standardised legal templates with capacity for variable licence conditions Consistent metadata schema Consistent data capture capacity through a ‘local’ software package Upload to ‘central’ system

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

Copyright 2004 AEShareNet Ltd New Licence Protocol AEShareNet-FfE: The Free for Education mark indicates that material may be freely used for educational purposes. The mark is a trademark of AEShareNet Limited but can be applied by anyone to any material in which they own the copyright provided they agree with the conditions set out in these pages.

Copyright 2004 AEShareNet Ltd For WebPages In the copyright notice and/or footer or header of every page of electronic formats of a document available for download In other formats eg CD-ROM In the copyright notice and/or footer or header of every page of a printed document.

Copyright 2004 AEShareNet Ltd Benefits For educational and training bodies no need to write to seek permissions For owners no need to keep responding to requests Can use the whole not just 10% etc It is actually free

with permission Body on line 2004

BACK END PROCESSES 3 month ‘clearance’ process accounting functionality management reports centralised administration for accounts e-Bank facility

Copyright 2004 AEShareNet Ltd Become a Member Catalogue resources using software package Licensee pays AEShareNet - Associates prepay, - Member pays at end of settlement period Receive licence request from Customer (could be Member or Associate) Automatic licence acceptance Negotiate (price/terms). Licence in ‘Under Negotiation’ status Create an offer based on negotiations. Licence in ‘Draft’ status Licence Accepted. If taken out by Member licence is completed, Associate licences show as ‘Payment Pending’ status until payment is received by AEShareNet Associates are ‘non-members’ who self register at the time of transaction. Licensees and Licensors are notified of any events in the system by throughout the process Licensor provides “copy” of resource on acceptance by licensee AEShareNet pays licensor for all transactions collected in previous period (less 10%) ! !

Case Studies NSW Federation of Housing Associations (sell side) Thomson Education Direct ( buy side) AHOOT (sell side) Deakin Prime ( buy side) BBC Publications ( sell side) Body Online (sell side) TAFESA (both sides)

Issues Arising Cataloguing content Metadata for easy find IP management for future share and trade Balance of share and trade Readiness for online trading Readiness for IP trading marketplace

AEShareNet SUMMARY Provides a means to ‘share’ and to ‘trade’ While ensuring sound legal frameworks for managing IP in training Concepts applicable to all industry sectors

LESSONS LEARNT Need to increase awareness of IP issues Senior management buy-in Bringing paper & online processes together Resultant IP pricing an undeveloped art ‘not invented here’ syndrome still alive Education and training moving from cottage industry to e-business models

Final Comments There is a lot more to Open Content licensing than just developing the templates Business models and transaction platforms are vital IP fundamentals are prior knowledge requirements It is tricky to be a broker before the exchange is cemented

Questions/Comments Find out more at

New models for sharing and trading intellectual property

10B: Implementing 'Creative Commons' licences Chair: Carol Fripp General Manager, AEShareNet

New models for sharing and trading intellectual property

Ian Oi Special Counsel, Blake Dawson Waldron

New Models For Sharing and Trading Intellectual Property