Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright materials for access and reuse: developments in policy and practice""

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/.
1

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
2

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
3

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
4

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.
5

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
6

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
7

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/>
"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/.
9

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
10

Data.gov.au
"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/.
11

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
12

City of Hobart Road Formation datasets
13

Other City of Hobart datasets on data.gov.au
14

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
15

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.
16

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
17

Further examples of CC licensing by
government
• Australian parliament
• ComLaw – Australian government legislation
18

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)
19

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
20

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.
21

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
22

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.
23

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.
24

Polar Information Commons
25

Polar Information Commons – uses CC licences
26

Polar Information Commons – rights and badging
API
27

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
28

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.
29

Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright materials for access and reuse: developments in policy and practice""

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Going Digital seminar Hobart, Tasmania 27 June 2014 - Neale Hooper: Opening up government copyright materials for access and reuse: developments in policy and practice""