1.Professor Anne Fitzgerald Queensland University of Technology Law FacultyCreative Commons Australia Creative Commons and the Digital Economy Seminar 3 of 42 November 2012 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.

2. What is Creative Commons? a standardised system for licensing the use ofcopyright materials a suite of 6 standardised licences available in 3 forms: plain english (summary); legal code and machine-readable code Each licence grants baseline permissions to users touse copyright material that is, to copy, publish, distribute in digital form,publicly perform whether the whole or a substantial part of it on specified, standardised core conditions 2012 Anne Fitzgerald.. 3. Central elements of CC licences Baseline Permissions Core Conditions 2012 Anne Fitzgerald.. 4. Baseline Permissions Fundamental baseline rights granted by all CC licences: Reproduce Distribute Publicly perform On condition of Attribution Additional baseline permission granted in four of the sixCC licences to create derivative works and Reproduce Distribute Publicly performthe derivative work 2012 Anne Fitzgerald.. 5. Core ConditionsAttribution (BY) attribute the author, and no false attributionThis applies to all CC licencesNon Commercial (NC) no commercial use (as defined)No Derivatives (ND) no changes allowed to original workShare Alike (SA) changes allowed, but new work is to bedistributed under the same licence as the original work* ND and SA cannot be used together 2012 Anne Fitzgerald.. 6. Licence combinations 2012 Anne Fitzgerald.. 7. CC BY Core condition: Attribution (BY) attribute the author, and no false attribution Baseline Rights: Reproduce Distribute Publicly perform Create derivative works (and reproduce, distribute and publicly perform the derivative work) 2012 Anne Fitzgerald.. 8. http://creativecommons.org/choose/ 9. Human-readable summary 10. Legal Code 11. Machine-readable codehttp://creativecommons.org/choose/ 12. How do people use CC? Licensing out: use CC on copyright materials you create enable others to find your material online through using the standard search engines; give permission to others to lawfully use your material eg copy, on-distribute, post to a website, value add Licensing in: use copyright materials created by othersthat are licensed under CC enable you to find their material online through using the standard search engines; give permission to you to lawfully use their material eg copy, on-distribute, post to a website, value add The scope of re-use will depend on which CC licence selected 2012 Anne Fitzgerald.. 13. Open Access to research Open Access movement began in 1990s with concernsabout access to research data (eg human genomeproject) and scholarly articles published in journals Growing dissatisfaction of research community abouttraditional business models operating in the digitalenvironment: research conducted with public funds articles written and peer-reviewed by scientists andacademics for free typically, copyright was assigned entirely to thepublisher academics and public charged high fees by publishersfor access to articles 2012 Anne Fitzgerald.. 14. Constructing openness Information management plan/strategy OA policy defines the degree of openness See for example, QUT Librarys policy on Open Access (September 2012): http://www.library.qut.edu.au/about/planning/docume nts/POL_CDM_3.1.5.Open_Access_FIN.pdf Implementing OA requires: understanding of the legal rights and relationships involved Managing rights (especially copyright) to provide OA 2012 Anne Fitzgerald.. 15. Open Access to research Bermuda Principles (1996) - endorsed by theparticipants at the international strategy meeting onhuman genome sequencing Budapest Open Access Initiative (2002) defined OpenAccess to scholarly journal articles [see next slide] Bethesda Statement on Open Access Publishing (2003)- encourages faculty and grant recipients to publish theirwork under Open Access principles Berlin Declaration on Open Access to Knowledge inthe Sciences and Humanities (2003) covers originalscientific research results, raw data and metadata, sourcematerials, digital representations of pictorial and graphicalmaterials and scholarly multimedia material supportsopen access publishing in OA journals or self-archiving inOA repositories 2012 Anne Fitzgerald.. 16. Budapest Open Access Initiative (2002) The literature that should be freely accessible online is that which scholars give to the world withoutexpectation of payment. Primarily, this category encompasses their peer-reviewed journal articles,but it also includes any unreviewed preprints that they might wish to put online for comment or toalert colleagues to important research findings. There are many degrees and kinds of wider and easier access to this literature. By "open access wemean its free availability on the public internet, permitting any users to: read download copy distribute print search, or link to the full texts of these articles crawl them for indexing pass them as data to software or use them for any other lawful purpose,without financial, legal, or technical barriers other than those inseparable fromgaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright inthis domain, should be to give authors control over the integrity of their work and theright to be properly acknowledged and cited. http://www.soros.org/openaccess/read. 2012 Anne Fitzgerald.. 17. SPARC www.arl.org/sparc How Open Is It? Open Access Spectrum (draft 2012)http://www.plos.org/wp-content/uploads/2012/10/OAS_English_web.pdf 18. Open Access publishing: the Green andGold roads Green OA authors make their articles (usually in the form of accepted manuscripts) available through institutional repositories or personal websites check OAK List for publishers policy on this: http://www.oaklist.qut.edu.au/ QUT ePrints eg Open Content Licensing: Cultivating the CreativeCommons (2007), Sydney University Press and QUT ePrints -http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5Licence - > 8,000 downloads, ranks 15th in QUT ePrints QUT Law and Justice Journal/QUT Law Review (from 2013): licensedunder CC BY see https://ljj.law.qut.edu.au/ Gold OA OA that is provided by a publisher, i.e. the article is published immediately under OA conditions by the journal publisher. may be funded in different ways - certain publishers may require the payment of a fee by the author to make the work available under OA. 2012 Anne Fitzgerald.. 19. Gold OA consistent with CC PloS One (OA journal, reportedly the worlds largest scholarly journalby volume) Public Library of Science (PLoS) is a non-profit organisation dedicated to making the worlds scientific and medical literature a freely available public resource. PloS applies CC BY licence to all works it publishes Research monographs published by Bloomsbury Academic(commercial publisher Bloomsbury Publishings academic branch) Content made available online under a CC BY-NC licence (in addition to publishing in print and e-book format and offering print-on-demand copies). Frances Pinter, Publisher of Bloomsbury Academic explains: [o]ur business model is simple. We may lose some print sales because of freeaccess, but we will gain other sales because more people will want the print edition. Jane Park, An Interview with Frances Pinter of Bloomsbury Academic, CC News, 20 October 2008, available at http://creativecommons.org/weblog/entry/10100. 2012 Anne Fitzgerald.. 20. ANUs IP Policy(1 July 2010) http://policies.anu.edu.au/policies/intellectual_property/policy Part 4 - Section 14. "Open Content" Licensing by[Staff] Member 14.1 . A [Staff ] Member who Creates copyright matter whichis owned by the University is granted a perpetual,irrevocable, worldwide, non-exclusive licence in respectof the copyright to grant licences to third parties over thecopyright matter: (a)being an open content licence of the formmaintained by the Creative Commons Corporation; or (b)being an open source licence in respect of Software,of the form maintained by the Open Software Initiative orthe Free Software Foundation; or (c)in any other form of open content licensingdetermined from time to time in writing by the ViceChancellor. 2012 Anne Fitzgerald.. 21. QUTs IP Policy: Scholarly works(22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp 3.1.5 Ownership of copyright In accordance with general law principles noted in section 3.1.4above, QUT as an employer is the owner of copyright wherethe work is created by staff members in the course of theiremployment. QUTs ownership of copyright applies to bothacademic and professional staff. Assignment of scholarly works Provided that QUT does not have contractual obligations to a third party which would prevent QUT effecting such an assignment, QUT assigns the right to publish scholarly works to the creator(s) of that work. The assignment is subject to a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence in favour of QUT to allow QUT to use that work for teaching, research and commercialisation purposes and to reproduce and communicate that work online for non-commercial purposes via QUTs open access digital repository. 2012 Anne Fitzgerald.. 22. Open Access to research data Copyright applies to data compilations if they aresufficiently original Copyright does not apply to mere facts/information or trivial/obvious/mundane arrangements of data Copyright must apply to original collections of data TRIPs and WIPO Copyright Treaty For copyright to apply, there must usually be originality provided by some independent intellectual creation/creative spark/application of skill and judgment No special legal protection for non-original data collections (cf European Database Directive) 2012 Anne Fitzgerald.. 23. Copyright and DataTelstra Corporation Ltd v Phone Directories Company PtyLtd (2010) where an author or authors of a compilation can clearly beidentified; and it can be shown that the compilation is original in the sensethat it is the product of some independent intellectual effort; the exercise of sufficient effort of a literary nature; involves a creative spark; or the exercise of skill and judgment,then it is likely to be protected by copyright. [2010] FCA 44 at [344] per Gordon J. High Court dicta in IceTV Pty Limited v Nine NetworkAustralia Pty Limited [2009] HCA 14 (cf Desktop Marketingv Telstra [2002] FCAFC 112) More recently in the Federal Court: Dynamic Supplies vTonnex International [2011] FCA 362; Acohs v Ucorp [2012]FCAFC 16AUSTRALIA 2012 Anne Fitzgerald.. 24. NHMRC policy on access to data Current policy encourages open access to data: NHMRC encourages researchers to consider the benefits of depositing their data and any publications arising from a research project in an appropriate subject and/or institutional repository wherever such a repository is available to the researcher(s). Revised policy, effective 1 July 2012, mandates that: any publications arising from an NHMRC supported research project must be deposited into an open access institutional repository within a twelve month period from the date of publication. http://www.nhmrc.gov.au/media/notices/2012/revised- policy-dissemination-research-findings 2012 Anne Fitzgerald.. 25. Joint Statement on Data Sharing ofPublic Health Research NHMRC is a signatory to the Joint Statement on DataSharing of Public Health Research issued by the WellcomeTrust Joint Statement expresses a commitment to the timely andresponsible sharing of public health data: Much of the data collection that could improve public healthresearch is expensive and time-consuming. As public andcharitable funders of this research, we believe that makingresearch data sets available to investigators beyond theoriginal research team in a timely and responsiblemanner, subject to appropriate safeguards, will generatethree key benefits: faster progress in improving health better value for money higher quality science. 2012 Anne Fitzgerald.. 26. Collaborative data sharing Atlas of Living Australia www.ala.org.au funded by the Australian Government to develop anauthoritative, freely accessible, distributed andfederated biodiversity data management system encourages contributors to upload their materialsunder a CC licence via the systems contributionform. See ALA Data Licensing FAQs athttp://www.ala.org.au/faq/data-licensing/. 2012 Anne Fitzgerald.. 27. OER and MOOCs 28. Open Educational Resources (OER) OER (schools, tertiary sector TAFE, universities etc) Curricula courseware teaching materials Schools, TAFE, universities MOOCs = massive open online courses online course aimed at large-scale participation andopen access via the web originated from within the OER movement < http://en.wikipedia.org/wiki/Massive_open_online_course> But, now some have restrictive IP conditions:http://www.udacity.com/legal/ 2012 Anne Fitzgerald.. 29. The concept of OER The OECD defines OER as: digitised materials offered freely and openly for educators, students, and self-learners to use and reuse for teaching, learning and research. OER includes learning content, software tools to develop,use and distribute content, and implementationresources such as open licences. OECD, Giving Knowledge for Free: The Emergence of OpenEducational Resources, OECD, Paris, 2007, at p 38, available atwww.oecd.org/dataoecd/35/7/38654317.pdf. 2012 Anne Fitzgerald.. 30. The concept of OER UNESCO and the Commonwealth of Learning (COL) define OER as: teaching, learning or research materials that are in the public domain and released with an open license (such as CreativeCommons).They allow communities of practitioners and stakeholders to copy, adapt and share their resources legally and freely, in order to support high-quality locally relevant teaching and learning. UNESCO-COL Guidelines for Open Educational Resources (OER) in Higher Education, 2011, p v, available at http://www.col.org/PublicationDocuments/Guidelines_OER_HE. pdf. 2012 Anne Fitzgerald.. 31. The concept of OER The Cape Town Open Education Declaration states that OER: should be freely shared through open licences which facilitate: use revision translation improvement, and sharing by anyone. http://www.capetowndeclaration.org/read-the-declaration. 2012 Anne Fitzgerald.. 32. The case for OER Nearly one-third of the worldspopulation (29.3%) is under 15. Todaythere are 165 million people enrolled intertiary education1. Projections suggestthat that participation will peak at 263million2 in 2025. Accommodating the additional 98million students would require morethan four major universities (30,000students) to open every week for thenext fifteen years.Sir John Daniel, Commonwealth of Learning(COL), Tertiary Education: How Open?,20 May 2011 athttp://www.col.org/resources/speeches/2011presentation/Pages/2011-05-19b.aspx. Storm Trooper by Maximus_W, licensed under CC BY2.0 Generic , 2012 Anne Fitzgerald..http://www.flickr.com/photos/2395033 5@N07/6032572260 33. UNESCO Commonwealth ofLearning (COL) the substantial rise in global enrolments is unlikely to beaccompanied in equivalent increases in the human andfinancial resources available to the higher education sector. OER and advancing ICT infrastructure opens up opportunities to create and share a wider array of educational resources, thereby accommodating a greater diversity of student needs governments have an interest in ensuring that publicinvestments in higher education make a useful and cost-effective contribution to socio-economic development. governments should require educationally usefulmaterials developed with public funds to be madeavailable under open licences. UNESCO-COL Guidelines for Open Educational Resources (OER) in Higher Education published in 2011 under a CC BY-SA licence. http://www.col.org/PublicationDocuments/Guidelines_OER_HE.pd f. 2012 Anne Fitzgerald.. 34. MOOC OER David Wiley: There are a number of reasons why the term MOOC is a misnomer.- Many MOOCs are massive but not open (e.g., http://www.udacity.com/legal/)- Many MOOCs are open but not massive (e.g., http://learninganalytics.net/syllabus.html)- Many MOOCs try very hard not to be courses (e.g., http://cck11.mooc.ca/how.htm) Bonus complaint: The MOOCs which are massive but not open pose a special threat to the future of OER, but no one seems to be paying attention Before long the general public will feel that free is good / innovative enough, and no one will care about open, permissions, or licensing. The good has once again become the enemy of the best. And how to you wage a PR war against the good? The MOOC Misnomer, 1 July 2012, http://opencontent.org/blog/archives/2436 2012 Anne Fitzgerald.. 35. Reuse, remix, distribution are atthe heart of OER The OpenCourseWare Consortium identifies the relevant acts that need to be able to be performed with OER as: Reuse: using the work verbatim; Rework: altering or transforming the work; Remix: combining the verbatim or altered work withother works; and Redistribute: share the verbatim work, the reworkedwork, or the remixed work with others. 2012 Anne Fitzgerald.. 36. Transacting copyright for OER Limited royalty-free exceptions to infringement, eg Fair dealing for research and study (ss 40 & 103C) Educational uses in the classroom (s 28) S 200AB Educational statutory licences (Part VB) administered by CAL If use/re-use is not permitted under an exception orstatutory licence permission must be negotiated and,often, paid for could involve considerable cost,complexity and time 2012 Anne Fitzgerald.. 37. CC licences enable OER re-use CC CCCC Distribution Distribution DistributionND Redistribution ACCESSRedistribution Reuse useReuseRedistribution Reuse 2012 Anne Fitzgerald.. 38. MIT OpenCourseware Global adoption and influence: Taiwan Opensource OpenCourseWare Prototype System (OOPS)project copied the entire MIT OCW site to a local Taiwaneseserver and translated the courses into Chinese China China Open Resources for Education (CORE) project, a non-profit consortium of universities established in 2003, began itsOER efforts by translating MITs OCW Latin America Universia, the largest Spanish and Portuguese speakingnetwork of universities, translated MITs OCW courses intoSpanish and Portugese, to make the content accessible to theirlocal communities. 2012 Anne Fitzgerald.. 39. Khan Academy 40. Khan Academy - ToS7. Licensed Educational Content. 7.1 Unless otherwise indicated, all Licensed Educational Contentis the property of Khan Academy or its subsidiaries or affiliatedcompanies and/or third-party licensors and, subject to the terms andconditions of these Terms, is licensed to You under the CreativeCommons Attribution-NonCommercial-ShareAlike 3.0 UnitedStates License (available at http://creativecommons.org/licenses/by-nc-sa/3.0/us/) (the Creative Commons License). 2012 Anne Fitzgerald.. 41. Trade Adjustment Assistance Community Collegeand Career Training Grant Program (TAACCCT):US $2 billion in funding provided under federal educationfund to create OER resources for use in community collegesP062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216 42. TAACCCT The first round of grants (Wave 1) awarded nearly $500million in 2011, and the second round (Wave 2),announced on 27 February 2012, will make another$500 million available to eligible higher educationinstitutions. Wave 1 - materials produced must be distributed undera CC BY licence. Wave 2 - the CC BY license must also be applied tomodifications made to pre-existing, grantee-ownedcontent using grant funds. 2012 Anne Fitzgerald.. 43. http://open4us.org/about/ 44. OER-friendly Tools and Resources Where to find OER Open License Search: http://search.creativecommons.org OER Search: http://www.oerglue.com/courses OCW Search: http://www.ocwconsortium.org/en/courses Curated Repositories: http://oercommons.org http://www.merlot.org/merlot/index.htm Open Textbooks: http://www.collegeopentextbooks.org/ More OER: http://www.scoop.it/t/finding-oer 45. http://wiki.creativecommons.org/OER_Policy_Registry 46. California digital textbooks project Legislative implementation of OER policy In September 2012, California Governor Jerry Brownsigned two bills providing for the creation of free,openly licensed digital textbooks for the 50 mostpopular lower-division college courses offered byCalifornia colleges. A crucial component of the California legislation isthat the textbooks developed will be made availableunder the Creative Commons Attribution license (CCBY). 2012 Anne Fitzgerald.. 47. 42 courses course materials available under CC BYhttps://sites.google.com/a/sbctc.edu/opencourselibrary/ 48. Saylor Foundation OpenTextbook Challenge Saylor Foundation makes a free collection of collegelevel courses available on its website under a CC BYlicence by default To expand their collection of CC BY-licensed coursematerials, the foundation initiated an Open TextbookChallenge, offering a $20,000 award for textbooksaccepted for use in their course materials. To be eligible for the award, author(s) must agree tolicense the text under CC BY. http://www.saylor.org/OTC/. 2012 Anne Fitzgerald.. 49. Poland Digital School program adopted April 2012 by PolishCouncil of Ministers Aims to raise ICT competencies in Polish schools 43 million PLN (Polish zloty) has been assigned for thecreation of digital CC BY licensed (or compatible)textbooks for grades 4-6 See http://creativecommons.pl/2012/04/digital-school-program-with-open-textbooks-approved-by-polish-government/. 2012 Anne Fitzgerald.. 50. USQ OpenCourseWare University of Southern Queensland (USQ), based inregional areas (Toowomba, Hervey Bay andSpringfield) provides distance education programs 75% of USQs students study by distance education USQs OpenCourseWare (OCW) portal makes 10courses available under a CC BY-NC-SA licence. http://ocw.usq.edu.au/. See the OCW FAQs on how to cite USQs materials:http://ocw.usq.edu.au/mod/resource/view.php?id=105#12. 2012 Anne Fitzgerald.. 51. Adapt project: teachingadaptations 2012 pilot project - Bridging the Gap: teaching adaptations acrossthe disciplines and sharing content for curriculum renewal. led by the University of Tasmania, with support from theAustralian Governments Office of Learning and Teaching (OLT) aims to enhance the teaching of adaptations (the study of theadaptation of an original novel, play, film, poem, video game orother form of narrative to a different medium) in an Australiancontext through the creation of a community of practice ofscholars. will develop a repository of OER relevant to learning andteaching adaptations. See http://www.teaching-learning.utas.edu.au/designing/open- educational-resources/open-education-resources. 2012 Anne Fitzgerald.. 52. Vocational training materials vocational training packages (modules) on training.gov.au previously licensed under AEShareNet licences 1n 2011 shifted to CC BY ND licence see http://training.gov.au/Home/Copyright 2012 Anne Fitzgerald.. 53. Further examples CCs OER page:http://creativecommons.org/education OER Case Studies:http://wiki.creativecommons.org/OER_Case_Studies 2012 Anne Fitzgerald.. 54. Some background reading: Open Accessto Knowledge Law (OAK Law) and LegalFramework for e-research ProjectSee: http://www.aupsi.org/publications/ Creating a legal framework for copyright management of openaccess within the Australian academic and research sector: OAKLaw Project Report No. 1 (2006) Building the Infrastructure for Data Access and Reuse inCollaborative Research: An Analysis of the Legal Context (2007) Guide to Developing Open Access Through Your Digital Repository(2007) Understanding Open Access in the Academic Environment: AGuide for Authors (2008) Review and Analysis of Academic Publishing Agreements and OpenAccess Policies (2008) Academic Authorship, Publishing Agreements and Open Access:Survey Results (2008) 2012 Anne Fitzgerald.. 55. Thank you Professor Anne Fitzgerald QUT Law School Publications(http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html) Access to Public Sector Information(http://www.aupsi.org) Creative Commons Australia(http://creativecommons.org.au/) 2012 Anne Fitzgerald. Licensed under Creative Commons Attribution 3.0 Australia.