1. Neale Hooper Queensland University of Technology 15 June 2012 © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

2. Government (Crown) Copyright Vast amounts of government copyright materials Copyright applies to: Informational works Research outputs (reports, papers, databases) Cultural materials (Copyright Act 1968 (Cth), Part VII) 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. © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

3. 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 © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

4. CC and the national information strategy National information policy has various platform components – FoI/Right to Information; data protection; information standards Most countries worldwide recognise government copyright in a wide range of data/information/content BUT, in many instances governments rely on copyright to impose restrictions on use/reuse, for various reasons (eg commercial arrangments) Government copyright needs to be managed to support openness © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

5. Australian Government IP Manual and Guidelines on Licensing PSI (2012) Australian Government (Attorney General’s Department) recently released two documents (under CC BY 3.0 Australian licence) which implement the Government’s Statement of Intellectual Property Principles for Australian Government Agencies:Intellectual Property Principles for Australian Government Agencies Guidelines on Licensing Public Sector Information for Australian Government Agencies; and Australian Government Intellectual Property Manual (“IP Manual”). Chapter 9 of the IP Manual (which deals with “Sharing and Granting Public Access to IP”) makes it clear that PSI should be released free of charge under a CC BY Australian licence by default. Refers to our CC and Government webpage for more detailed information.CC and Government webpage © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

6. Chapter 9 – IP Manual (2012) Part of the Commonwealth’s response [to the Government 2.0 Taskforce’s report Engage: Getting on with Government 2.0 (2009)] is to make PSI available under the default Creative Commons BY licence (otherwise known as an attribution licence) which allows the greatest access to potential users. 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. Australian Government agencies subject to the FMA Act are expected to comply with this default, with CAC Act agencies asked to consider this position as an expression of good practice.” [emphasis added] (at p 183) © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

7. Chapter 9 – IP Manual (2012) “There is detailed information on the Creative Commons Australia website about Government use of Creative Commons licences: http://creativecommons.org.au/sectors/government. http://creativecommons.org.au/sectors/government The international Creative Commons website also includes a simple tool to help select an appropriate Creative Commons licence: http://creativecommons.org/choose/ - note however that you must specify Australia as the relevant jurisdiction in order to generate an Australian version of the license in question.” [emphasis added] (at p 187) http://creativecommons.org/choose/

8. © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

9. AUSTRALIA

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

16. What ComLaw content is licensed under Creative Commons? Except as noted above, all ComLaw content is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Australia (the CC BY-NC-SA 3.0 licence). You are free: to Share - to copy, distribute and transmit the content, and to Remix - to adapt the content Under the following conditions: Attribution - You must attribute ComLaw content in the manner we specify, but not in any way that suggests that we endorse you or your use of the material Non-commercial - You may not use this work for commercial purposes, and Share Alike - If you alter, transform, or build upon ComLaw content, you may distribute the resulting work only under the same or similar licence to this one. What ComLaw content is licensed under Creative Commons? Except as noted above, all ComLaw content is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Australia (the CC BY-NC-SA 3.0 licence). You are free: to Share - to copy, distribute and transmit the content, and to Remix - to adapt the content Under the following conditions: Attribution - You must attribute ComLaw content in the manner we specify, but not in any way that suggests that we endorse you or your use of the material Non-commercial - You may not use this work for commercial purposes, and Share Alike - If you alter, transform, or build upon ComLaw content, you may distribute the resulting work only under the same or similar licence to this one.

20. Australian Electoral Commission AEC applied the CC BY 3.0 Australia licence as a default licence for all the material on its website. AEC default licence 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.classroom resourcespublications translated information © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

23. Queensland Police QPS Statistical Review (Statistics 1998 – 2011) http://www.police.qld.gov.au/services/reportspublications/statisticalrevie w/default.htm “Disaster Management and Social Media - a case study”, Queensland Police Service (July 2011) QPS report on their experience using Social Media in the 2011 flood and Cyclone Yasi emergencies licensed under a Creative Commons Attribution Licence See http://www.police.qld.gov.au/Resources/Internet/services/reportsPublications/docu ments/QPSSocialMediaCaseStudy.pdf http://www.police.qld.gov.au/Resources/Internet/services/reportsPublications/docu ments/QPSSocialMediaCaseStudy.pdf © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

26. http://pool.abc.net.au /

27. http://pool.abc.net.au/content/pool-special-conditions- use

28. © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

29. Were many ….. 1990s: Cutler, Wainwright – digital content strategy proposals 2001: Office of Spatial Data Management (OSDM) access and reuse policy 2004: Launch of Creative Commons in Australia 2004: Launch by Queensland Government of Spatial Information Licensing Project 2005: Unlocking the Potential: Digital Content Industry Action Agenda, Strategic Industry Leaders Group report to the Australian Government 2005 – 2006: Queensland Government’s Government Information Licensing Framework (GILF) proposed use of Creative Commons licensing for PSI - 2007 – 2010: GILF project continues as a Queensland Government-QUT collaboration, developing knowledge about and models for use of CC on PSI 2007 on: Australian Bureau of Statistics (ABS), Geoscience Australia (GA), Bureau of Meteorology (BoM) implement open access and adopt CC licensing; National Library of Australia; Australian Broadcasting Corporation; various State and local government initiatives 2008: OECD Ministerial Seoul Declaration on the Future of the Internet Economy - OECD Recommendations on publicly funded research (2006) and Access to PSI (2008) 2008: Venturous Australia report on National Innovation System (Cutler Report) 2009: Australia’s Digital Economy, Future Directions (Department of Broadband, Communications and the Digital Economy) 2009: Victorian Parliament Economic Development and Infrastructure Committee (EDIC) report (Government’s response 2010) Government 2.0 Taskforce (2009), “Engage: Getting on with Government 2.0” (December 2009) 2009: New Zealand (draft) Government Open Access Licensing Framework (NZGOAL); UK Power of Information report 2009 – 2010: Freedom of Information/Right to Information reforms – State and Federal legislation 2010: Government response to Government 2.0 Taskforce report, accepting key recommendations and stating that CC BY should be the default licence for PSI; Declaration of Open Government 2011: Office of the Information Commissioner’s Principles on Open PSI; Attorney General’s IP Principles 2012 – Attorney General’s IP Manual and Guidelines on Licensing Public Sector Information for Australian Government Agencies © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

30. Putting Innovation centre-stage Information flow is a central part of the innovation agenda The value of information/content is in its use/re-use

31. Venturous Australia (2008) Open gate by chelmsfordblue (Nick) 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.

32. Venturous Australia (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.

33. 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 re- use in those cases where licensing is applied, taking into account the copyright principle below.”

34. Victorian Parliament’s Economic Development and Infrastructure Committee (EDIC) Report, Improving Access to Victorian Public Sector Information and Data (2009)

35. 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.

36. Government’s response to Gov 2.0 Taskforce report (May 2010) Generally accepted Gov 2.0 Taskforce’s recommendations (12 out of 13) agreed in principle to Recommendation 6, including: 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. Government’s response was released under a Creative Commons Attribution (CC BY) 2.5 Australia licence The Government response is available at http://www.finance.gov.au/publications/govresponse20rep ort/index.html http://www.finance.gov.au/publications/govresponse20rep ort/index.html © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

37. 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.

38. Principles on open public sector information (OAIC, 2011) Principle 1: Open access to information - a default position Information held by Australian Government agencies is a valuable national resource. If there is no legal need to protect the information it should be open to public access. Information publication enhances public access. Agencies should use information technology to disseminate public sector information, applying a presumption of openness and adopting a proactive publication stance. Principle 6: Clear reuse rights The economic and social value of public sector information is enhanced when it is made available for reuse on open licensing terms. The Guidelines on Licensing Public Sector Information for Australian Government Agencies require agencies to decide licensing conditions when publishing information online. The default condition should be the Creative Commons BY standard, as recommended in the Intellectual Property Principles for Australian Government Agencies, that apply to agencies subject to the Financial and Management Accountability Act 1997. http://oaic.gov.au/publications/agency_resources/principles_on_psi_short.htm l

39. Australian Government IP Manual and Guidelines on Licensing PSI (2012) In May 2012 the Australian Government (Attorney General’s Department) released two documents which implement the Government’s Statement of Intellectual Property Principles for Australian Government Agencies:Intellectual Property Principles for Australian Government Agencies Guidelines on Licensing Public Sector Information for Australian Government Agencies Australian Government Intellectual Property Manual (“IP Manual”) IP Manual (Chapter 9, “Sharing and Granting Public Access to IP”) makes it clear that PSI should be released free of charge under a CC BY Australian licence by default. Refers to our CC and Government webpage for more detailed informationCC and Government webpage Available at: http://www.ag.gov.au/Intellectualproperty/Pages/IntellectualPropertyMan ual.aspx

40. © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

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

42. 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.”

43. World Bank – New OA Policy Effective 1 July 2012 http://documents.worldbank.org/curated/en/2012/04/16200740/world- bank-open-access-policy-formal-publications http://documents.worldbank.org/curated/en/2012/04/16200740/world- bank-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.Open Knowledge Repository © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

44. © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

45. Advantages of CC in the public sector the CC licences mirror the fundamental purpose for recognising copyright in government materials: integrity and identification of original source (provenance) support government’s open access policy objectives avoid financial and technical lock-up of taxpayer- funded materials contribute to the “pool” of publicly funded content available for innovative reuse – value adding commercial applications identification of source/version etc promotes increased user confidence © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

46. © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence

47. Anne Fitzgerald, Neale Hooper & Cheryl Foong, CC & Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials For further information see: http://creativecommons.org.au http://www.aupsi.org http://www.oaklaw.qut.edu.au http://creativecommons.org.au http://www.aupsi.org http://www.oaklaw.qut.edu.au © Neale Hooper 2012. Licensed under Creative Commons Attribution 3.0 Australia Licence.Creative Commons Attribution 3.0 Australia Licence