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Professor Anne Fitzgerald
Creative Commons Australia
Queensland University of Technology
Australasian Medical Writers Association
Webinar
26 September 2013
© 2013 Anne Fitzgerald. This presentation is licensed under the Creative Commons Attribution 3.0
Australia licence.T
This session …
 Copyright
 What Creative Commons (CC) is
 Overview of how CC is being used, particularly in
the research sector
 Future directions for CC
© 2013 Anne Fitzgerald..
Copyright
 Governed by the Copyright Act (Cth)
 No registration required
 Copyright exists automatically once criteria in the Act
are satisfied
 Copyright protects original expression
 Not ideas, information or facts
 But the form in which those ideas, information or facts
are expressed
© 2013 Anne Fitzgerald..
Generic 2.0 ‘take the old machine’ by Angelo González, http://www.flickr.com/photos/21251150@N04/5291456294
Photographs, paintings,
images, sculptures…(artistic works)
Generic 2.0 ‘I Giovani e la Musica’ by Super UbO, http://www.flickr.com/photos/14443853@N07/5362778675
Music, sound recordings,
radio broadcasts…
Generic 2.0 ‘Apollo 11 Video Restoration Press Conference / Newseum’ by NASA Goddard Space Flight Centre, http://www.flickr.com/photos/24662369@N07/3726614425
Films, Videos, Theatre,
TV broadcasts…(cinematograph films, dramatical works, television broadcasts)
Blogs, books, articles, essays…
(literary works, published editions of works)
Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/
Compilations of data…
("literary work" includes: … a table, or compilation , expressed in words, figures or symbols – s 10, Copyright Act 1968)
)
Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/
Copyright as a bundle of
exclusive rights
 For example, for literary, dramatic and musical works
the rights are to:
 reproduce in material form
 publish
 publicly perform
 communicate to the public in electronic form
 transmit;
 make available
 make an adaptation or translation
 control rental, where work is a computer program or is
reproduced in a sound recording: s 31(1)
© 2013 Anne Fitzgerald..
Copyright in the digital
environment
 When we use digital technology, we automatically
reproduce content and thereby enter the copyright “zone”,
 because digital technology needs to reproduce material
so it can be played, run or even viewed.
 Copyright has been further extended to protect
 Broader range of subject matter – e.g. computer programs
 Broader range of rights – e.g. right to communicate electronically to
the public
 Technological Protection Measures (TPMs) (eg encryption/anti-
copying devices) applied to control access or copying;
 Electronic Rights Management Information (ERMI)
© 2013 Anne Fitzgerald..
Copyright
In a nutshell…
 copyright automatically applies to a lot of material
 the exclusive rights of the copyright owner are very
broad
 remedies for infringement are strong and enforcement
is effective (through civil and criminal actions)
 exceptions are limited (e.g. fair dealing) available
Which means that.....
 the consequences of infringement will deter use/reuse
unless it is clear that the use is permitted
© 2013 Anne Fitzgerald..
Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920
legal advice (s43)
research or study (s40)
criticism or review (s41)
parody or satire (s41A)
reporting of news (s42)
Fair dealing
Unless the law provides otherwise…
Copyright
 General rule = You need permission/licence to do
anything within the scope of the copyright owner’s
rights (economic or moral rights) unless the law
provides otherwise (eg where there is an exception
permitting that use)
 express permission to use should be obtained
 importance of clear statement of permitted uses
 any other rights/obligations (other than copyright) also
need to be considered
© 2013 Anne Fitzgerald..
Copyright licensing –
traditional practice
 “All rights reserved” (or, at least, most rights reserved)
 Use requires prior permission from the copyright owner
unless within an exception to owner’s rights (e.g. fair
dealing) under the Copyright Act
 Negotiating terms is cumbersome, time
consuming, expensive – inefficiency means high
transaction costs
 Has led to multiple non-standard licences
 Problem of “orphan” works – no identifiable copyright
owner from whom permission may be obtained
 Arose from pre-internet era - not geared to the immediate
and global nature of the internet
© 2013 Anne Fitzgerald.
©all rights reserved
©all rights reserved
Creative Commons
Creative Commons
 a standardised system for licensing the use of
copyright 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 to
use 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
© 2013 Anne Fitzgerald..
Copyright licensing – with CC licences
 Based on copyright
 Only some rights reserved
 Relatively short, simplified, standardised licences which provide
permission in advance
 BUT
 do not cover all possible kinds of permissions – other kinds of
permissions will have to be negotiated
 Do not contain detailed provisions covering all relevant aspects of
the law
 Must be read in the context of copyright law (legislation &
judgments) and often other relevant bodies of law (e.g. private
international law – “jurisdictional” issues and applicable law)
 Also have to be read in context of other relevant “information” laws
notably privacy (data protection), security, and interception of
communications (telecommunications) - See Chang v. Virgin
Mobile USA, LLC, 2009 WL 111570 (N.D.Tex. January 16, 2009)
© 2013 Anne Fitzgerald..
In short, Creative Commons is ….
 A set of licences that are free for anyone to use
 Based on copyright
 A copyright licence (permission to use)
 A way of managing copyright, particularly for material
distributed online
© 2013 Anne Fitzgerald..
Baseline permissions
 Fundamental baseline rights granted by all CC
licences:
 Reproduce
 Distribute
 Publicly perform
 Additional baseline permission granted in four of the
six CC licences to create derivative works and
 Reproduce
 Distribute
 Publicly perform
the derivative work
© 2013 Anne Fitzgerald.
Core Conditions
Attribution (BY) – attribute the author, and no false attribution
This applies to all CC licences
Non Commercial (NC) – no “commercial use” (as defined)
No Derivatives (ND) – no changes allowed to original work
Share Alike (SA) – changes allowed, but new work is to be
distributed under the same licence as the original work
* ND and SA cannot be used together
© 2013 Anne Fitzgerald..
Licence combinations
© 2013 Anne Fitzgerald.
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)
© 2013 Anne Fitzgerald..
Human-readable summary
“Legal Code”
http://creativecommons.org/choose/
Machine-readable code
http://creativecommons.org/choose/
Attribution (BY)
Attribution (BY)
 Copyright notice - Keep notices that refer to the
Licence or Disclaimers
 Name of author and other Attribution parties
 Source and Title of the work
 Licence URL/hyperlink
 In a Derivative Work, identify the changes made to the
original
 No suggestion of endorsement
 Attribution is to be done “In a manner reasonable to the
medium you are using”
Non Commercial (NC)
Non Commercial (NC)
 “Commercial” defined as meaning “primarily intended
for or directed towards commercial advantage or
private monetary compensation”
No Derivative Works (ND)
No Derivative Works (ND)
 “Derivative Work" means material in any form that is
created by editing, modifying or adapting the Work, a
substantial part of the Work, or the Work and other
pre-existing works.
 Derivative Works may, for example, include a
translation, adaptation, musical
arrangement, dramatisation, motion picture
version, sound recording, art
reproduction, abridgment, condensation, or any other
form in which the Work may be transformed or
adapted…
Share Alike (SA)
Share Alike (SA)
 Clause 4B(a) Attribution-Share Alike 3.0 Australia:
 You may only Distribute or publicly perform a
Derivative Work if You apply one of the following
licences to it:
 i) this Licence;
 ii) a later version of this Licence with the same Licence
Elements (such as Attribution-ShareAlike 4.0 Australia); or
 iii) a Creative Commons Unported licence or a licence from
another jurisdiction (either this or a later version) that has the
same Licence Elements; or
 iv) a Creative Commons Compatible Licence. (* note this last
option is not available in CC BY NC SA 3.0 Australia)
How do people use CC?
 Licensing out: use CC licences 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, mashup
 e.g.
 Repositories – Wikipedia, Flickr, YouTube
 Institutions/Organisations – ABC, Al Jazeera
 Licensing in: use copyright materials created by others that
are distributed under CC licences
 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, mashup e.g.
 students using CC material from Wikipedia in their projects
 teachers using Open Educational Resources (OER) licensed under CC
 In either case, the scope of re-use will depend on which CC licence
selected
 Creative Commons, The Power of Open, available at http://thepowerofopen.org/,
licensed under CC BY, http://creativecommons.org/licenses/by/3.0/.
CC licensed material
CC BY SA
Most of Wikipedia's text and many of its images are dual-
licensed under the Creative Commons Attribution-
Sharealike 3.0 Unported License (CC-BY-SA) and the GNU
Free Documentation License (GFDL)
The small print:
“ Text is available under the Creative Commons
Attribution-Share Alike License; additional terms
may apply. See Terms of Use for details ....”
Information for text contributors to Wikimedia
projects
To grow the commons of free knowledge and free culture,
all users contributing to Wikimedia projects are required
to grant broad permissions to the general public to re-
distribute and re-use their contributions freely, as long as
the use is attributed and the same freedom to re-use and
re-distribute applies to any derivative works. Therefore,
for any text you hold the copyright to, by
submitting it, you agree to license it under the
Creative Commons Attribution-ShareAlike 3.0
Unported License. For compatibility reasons, you are
also required to license it under the GNU Free
Documentation License. Re-users can choose the license(s)
they wish to comply with. Please note that these licenses
do allow commercial uses of your contributions,
as long as such uses are compliant with the
terms.
As an author, you agree to be attributed in any of the
following fashions: a) through a hyperlink (where possible)
or URL to the article or articles you contributed to, b)
through a hyperlink (where possible) or URL to an
alternative, stable online copy which is freely accessible,
which conforms with the license, and which provides credit
to the authors in a manner equivalent to the credit given
on this website, or c) through a list of all authors. (Any list
of authors may be filtered to exclude very small or
irrelevant contributions.)
“Visitors to this website
agree to grant a non-
exclusive, irrevocable, royal
ty-free license to the rest of
the world for their
submissions to
Whitehouse.gov under the
Creative Commons
Attribution 3.0 License.”
AUSTRALIA
AUSTRALIA
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.
© 2013 Anne Fitzgerald.
Australian Government Attorney General’s
IP Guidelines and IP Manual (2012)
 In 2012, the Australian Government released two documents which
implement the Statement of IP Principles for Australian Government
Agencies:
 Guidelines on Licensing Public Sector Information for Australian
Government Agencies;
 Australian Government Intellectual Property Manual (IP Manual).
 Both documents are available on the Attorney-General’s Department
website under the CC BY 3.0 Australian licence.
 Attorney General’s IP Manual makes it clear that PSI should be
released by default free of charge under a Creative Commons
Attribution (CC BY) Australian licence by default. (Chapter 9 -
“Sharing and Granting Public Access to IP”)
 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.
© 2013 Anne Fitzgerald.
Open Access
 Open Access movement began in 1990s with concerns
about access to research data (eg human genome
project) and scholarly articles published in journals
 Growing dissatisfaction of research community about
traditional business models operating in the digital
environment:
 research conducted with public funds
 articles written and peer-reviewed by scientists and
academics for free
 typically, copyright was assigned entirely to the
publisher
 academics and public charged high fees by publishers
for access to articles
© 2012 Anne Fitzgerald..
Open Access to research
 Bermuda Principles (1996) - endorsed by the
participants at the international strategy meeting on
human genome sequencing
 Budapest Open Access Initiative (2002) defined Open
Access to scholarly journal articles [see next slide]
 Bethesda Statement on Open Access Publishing (2003)
- encourages faculty and grant recipients to publish their
work under Open Access principles
 Berlin Declaration on Open Access to Knowledge in
the Sciences and Humanities (2003) – covers original
scientific research results, raw data and metadata, source
materials, digital representations of pictorial and graphical
materials and scholarly multimedia material – supports
open access publishing in OA journals or self-archiving in
OA repositories
© 2012 Anne Fitzgerald..
Budapest Open Access Initiative (2002)
 The literature that should be freely accessible online is that which scholars give to the world without
expectation 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 to alert colleagues to important research findings.
 There are many degrees and kinds of wider and easier access to this literature. By "open access“ we
mean 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 from
gaining access to the internet itself.
 The only constraint on reproduction and distribution, and the only role for copyright in
this domain, should be to give authors control over the integrity of their work and the
right to be properly acknowledged and cited. http://www.soros.org/openaccess/read.
© 2013 Anne Fitzgerald..
National Health and Medical Research
Council (NHMRC) policy on access to
research publications and data
 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
© 2013 Anne Fitzgerald..
Australian Research Council (ARC)
Open Access policy
 Effective 1 January 2013
 Any publications arising from an ARC supported
research project must be deposited into an open access
institutional repository within a twelve (12) month
period from the date of publication
 Requirement subject to legal or contractual obligations
(i.e. restrictive publishing contracts which prohibit/do
not allow for open access)
 http://www.arc.gov.au/applicants/open_access.htm
Open Access publishing: the Green and
Gold roads
 Green OA
 Authors retain rights to their work
 make their articles (usually in the form of “accepted manuscripts”)
available through institutional repositories or personal websites –
check OAK List for publisher’s policy on this:
http://www.oaklist.qut.edu.au/
 QUT ePrints – eg “Open Content Licensing: Cultivating the Creative Commons”
(2007), Sydney University Press and QUT ePrints -
http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5 Licence - >
8,000 downloads, ranks 15th in QUT ePrints
 QUT Law and Justice Journal/QUT Law Review (from 2013): licensed under 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.
© 2013 Anne Fitzgerald..
Gold OA consistent with CC
Public Library of Science (PLOS)
 Public Library of Science (PLoS) is a non-profit organisation ‘dedicated to making the world’s scientific and
medical literature a freely available public resource’.
 PLoS publishes 7 open access journals:
 PLOS One - reportedly the world’s largest scholarly journal by volume)
 BLOS Biology (first PLOS journal, launched 2003)
 PLOS Medicine
 PLOS Genetics
 PLOS Computational Biology
 PLOS Pathogens
 PLOS Neglected Tropical Diseases
 All site content, except where otherwise noted, is licensed under a CC BY licence – CC Attribution 3.0
unported http://creativecommons.org/licenses/by/3.0/
 See presentations by Gavin Yamey at Harvard University, 2007 at http://www.is2k7.org/media/opening-
open-access-part-i and http://www.is2k7.org/media/opening-open-access-part-ii
© 2013 Anne Fitzgerald..
The PLOS Gold OA model
 To provide open access, PLOS journals use a business model in which our expenses — including those of peer
review, journal production, and online hosting and archiving — are recovered in part by charging a
publication fee to the authors or research sponsors for each article they publish.
 Our prices, which have not been raised since August 2009, are as follows:
 PLOS Biology US$2900
 PLOS Medicine US$2900
 PLOS Computational Biology
US$2250
 PLOS Genetics US$2250
 PLOS Pathogens US$2250
 PLOS Neglected Tropical Diseases
US$2250
 PLOS ONE US$1350
 PLOS is committed to the widest possible global participation in open access publishing. To determine the
appropriate fee, we use a country-based pricing model, which is based on the country that provides 50% or
more of the primary funding for the research that is being submitted. Research articles funded by Upper
Middle and High Income Countries incur our standard publication fees. Corresponding authors who are
affiliated with one of our Institutional Members are eligible for a discount on this fee. Such authors will be
informed of the discount applicable after submission of their manuscript.
 Fees for Low and Lower Middle Income Countries are calculated according to the PLOS Global Participation
Initiative for manuscripts submitted after 9am Pacific Time on September 4, 2012 (this program is not
retroactive).
 Group One: Countries from this list will not be charged for publishing
 Group Two: Countries from this list will be charged a flat $500
The BioMed Central Gold OA model
http://www.biomedcentral.com/about
 BioMed Central is an STM (Science, Technology and Medicine)
publisher of 257 peer-reviewed open access journals. The
portfolio of journals spans all areas of biology, biomedicine and
medicine and includes broad interest titles, such as BMC Biology
and BMC Medicine alongside specialist journals, such as
Retrovirology and BMC Genomics. All original research articles
published by BioMed Central are made freely accessible online
immediately upon publication.
 BioMed Central levies an article-processing charge to cover
the cost of the publication process. Authors publishing
with BioMed Central retain the copyright to their
work, licensing it under the Creative Commons Attribution
License which allows articles to be re-used and re-distributed
without restriction, as long as the original work is correctly cited.
BioMed Central is owned by Springer Science+ Business
Media, and also hosts the SpringerOpen platform.
Directory of Open Access Journals
 The Directory of Open Access Journals (DOAJ) lists 3,648 (36.7 of the total 9,938) (as at 26 September 2013) as using
some kind of Creative Commons licence – see http://www.doaj.org/doaj?func=byLicense
 CC-by Attribution (by) (1814 journals)
 CC-by-sa Attribution Share Alike (by-sa) (48 journals)
 CC-by-nd Attribution No Derivatives (by-nd) (46 journals)
 CC-by-nc Attribution Non-commercial (by-nc) (795 journals)
 CC-by-nc-sa Attribution Non-commercial Share Alike (by-nc-sa) (247 journals)
 CC-by-nc-nd Attribution Non-commercial No Derivatives (by-nc-nd) (698 journals)
 The DOAJ also categories OA journals according to publication (“article processing”) fees payable – see
http://www.doaj.org/doaj?func=byPublicationFee&uiLanguage=en
 No Article Processing Charge (6517 journals)
 With Article Processing Charge (2709 journals)
 Conditional Article Processing Charge (499 journals)
 No information re Article Processing Charge (200 journals)
Guidelines for OA (UNESCO)
 The Creative Commons organisation has developed a set of licences from which authors or publishers can choose.
Some Open Access publishers use Creative Commons licences to ensure that the content of the articles published in
their journals are reusable in the widest (libre Open Access) sense: that is, they can be reproduced, abstracted, ‘mashed
up’ with other material to produce new information, crawled by text-mining and data-mining tools and so on.
 ▶ Open Access requires the copyright holder’s consent
 ▶ The norm is to sign the whole bundle of rights over to the journal publisher, though it is not necessary to do this in
most cases: publishers can go about their work so long as the author signs over to them the right to publish the work
 ▶ Authors and other copyright holders (employers and funders) can retain the rights they need to make the work Open
Access
 ▶ Licensing scientific works is good practice because it makes clear to the user what can be done with the work and by
that can encourage use

▶ Creative Commons licensing is best practice because the system is well-understood, provides a suite of
licences that cover all needs, and the licences are machine-readable
 From “Guidelines for the Development and Promotion of Open Access” by Alma Swan (2012)
 http://unesdoc.unesco.org/images/0021/002158/215863e.pdf - United Nations Educational, Scientific and Cultural
Organization (UNESCO) Communication and Information Sector
OER and MOOCs
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
implementation resources such as open licences.’
 OECD, “Giving Knowledge for Free: The Emergence of Open
Educational Resources”, OECD, Paris, 2007, at p 38, available at
www.oecd.org/dataoecd/35/7/38654317.pdf.
© 2013 Anne Fitzgerald..
Reuse, remix, distribution are at the
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 with
other works; and
 Redistribute: share the verbatim work, the reworked
work, or the remixed work with others.
© 2013 Anne Fitzgerald..
Trade Adjustment Assistance Community College
and Career Training Grant Program (TAACCCT):
US $2 billion in funding provided under federal education
fund to create OER resources for use in community colleges
P062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216
TAACCCT
 The first round of grants (Wave 1) awarded nearly $500
million in 2011, and the second round (Wave
2), announced on 27 February 2012, will make another
$500 million available to eligible higher education
institutions.
 Wave 1 - materials produced must be distributed under
a CC BY licence.
 Wave 2 - the CC BY license must also be applied to
modifications made to pre-existing, grantee-owned
content using grant funds.
© 2013 Anne Fitzgerald..
California digital textbooks project
 Legislative implementation of OER policy
 In September 2012, California Governor Jerry Brown
signed two bills providing for the creation of
free, openly licensed digital textbooks for the 50 most
popular lower-division college courses offered by
California colleges.
 A crucial component of the California legislation is
that the textbooks developed will be made available
under the Creative Commons Attribution license (CC
BY).
© 2013 Anne Fitzgerald..
Khan Academy
Khan Academy – Terms of Service
7. Licensed Educational Content.
 7.1 …Unless otherwise indicated, all Licensed Educational Content
is the property of Khan Academy or its subsidiaries or affiliated
companies and/or third-party licensors and, subject to the terms and
conditions of these Terms, is licensed to You under the Creative
Commons Attribution-NonCommercial-ShareAlike 3.0 United
States License (available at http://creativecommons.org/licenses/by-
nc-sa/3.0/us/) (the “Creative Commons License”). …
© 2013 Anne Fitzgerald..
http://search.creativecommons.org/
http://www.google.ca/advanced_searc
h
Photos Flickr
 Browse
http://www.flickr.com/creativecommons/
 Advanced search
http://www.flickr.com/search/advanced/
 500px
 http://500px.com/creativecommons

 Idée Inc. Multicolr Search Lab
 http://labs.ideeinc.com/multicolr/
Generic 2.0 ‘Everyone needs a getaway’ by kennymatic (Kenny Louie), http://www.flickr.com/photos/99472898@N00/3875936992
http://www.flickr.com/creativecommons/
260 million of 8 billion photos
licensed under CC
http://www.flickr.com/search/advanced/
http://www.flickr.com/search/advanced/
http://www.zoo-m.com/flickr-storm/
Generic 2.0 ‘Self-conscious robot’ by NASARobonaut (Kris Kehe), http://www.flickr.com/photos/nasarobonaut/5161876882/
500 px
http://500px.com/creativecommons
http://500px.com/search
Music
 SoundCloud
 Browse: http://soundcloud.com/creativecommons
 Search: http://soundcloud.com/tracks/search
 Free Sound Archive
 http://www.freesound.org/
 Opsound
 http://opsound.org/index.php
 ccMixter
 http://ccmixter.org/
 Magnatune
 http://magnatune.com/
 Jamendo
 http://www.jamendo.com/en
Generic 2.0 ‘Elvis!’ by Kevin Dooley, http://www.flickr.com/photos/12836528@N00/4464019859
Soundcloud
http://soundcloud.com/tracks/search - select ‘Show advanced search options’
 Vimeo
 http://vimeo.com/search
 YouTube
 http://www.youtube.com/editor
Generic 2.0 ‘Afghan Air Force and Afghan National Army Combine Combat Training Exercises’ by isafmedia , http://www.flickr.com/photos/29456680@N06/5413482056
Video
http://vimeo.com/search
4.5 million YouTube videos licensed
under CC BY
 Always check the usage rights
 Do not assume that the search filters are perfect
a. CC Licence Chooser
b. Software licence injectors
c. Platform upload settings
Generic 2.0 ‘The Best Things in Life Are…’ by LASZLO ILYES, http://www.flickr.com/photos/laszlo-photo/437476999/
Simple
Cheryl Foong
More information
© 2012 Cheryl Foong. This work is licensed under a Creative
Commons Attribution-NonCommercial 3.0 Australia License.
Even more information
© 2012 Cheryl Foong, licensed under a Creative Commons Attribution Non-Commercial
3.0 Australia licence. http://creativecommons.org/licenses/by-nc/3.0/au/.
You may use this photo for non-commercial purposes only. For further permissions
contact Cheryl at cheryl.foong@gmail.com.
Please attribute this photo as “© 2012 Cheryl Foong, licensed under CC BY NC
http://creativecommons.org/licenses/by-nc/3.0/au/”
Default
Example Work by Australian Government is licensed under
a Creative Commons Attribution 3.0 Australia License.
In essence, you are free to copy, distribute and adapt the
work, as long as you attribute the work to Australian
Government and abide by the other licence terms.
The work should be attributed in the following way:
© Australian Government 2010.
Summary of licence terms
Example Work by Australian Government is licensed under
a Creative Commons Attribution 3.0 Australia License.
In essence, you are free to copy, distribute and adapt the
work, as long as you attribute the work to Australian
Government and abide by the other licence terms.
The work should be attributed in the following way:
© Australian Government 2010.
Unless otherwise specified…
Unless otherwise specified, material on this website is licensed
by Australian Government under a Creative Commons
Attribution 3.0 Australia License.
In essence, you are free to copy, distribute and adapt the
material, as long as you attribute the work to Australian
Government and abide by the other licence terms.
Australian Government material should be attributed in the
following way:
© Australian Government 2010.
CC Licence Chooser
http://creativecommons.org.au/
http://creativecommons.org/choose/
http://creativecommons.org/choose/
http://creativecommons.org/choose/
Wordpress example
Software licence injector
http://www.microsoft.com/en-us/download/search.aspx?q=creative%20commons
http://extensions.services.openoffice.org/project/ccooo
ABS
http://sourceforge.net/projects/licmanager/
Social Media Platform settings
http://www.flickr.com/photos/upload/
And many more…
QUT ePrints
http://creativecommons.org/choose/
http://wiki.creativecommons.org/Publish
Attribution (BY)
• More examples of how CC is being used:
• http://wiki.creativecommons.org/Case_Studies
• Other resources (fact sheets etc.):
http://wiki.creativecommons.org/Documentation
• On business models, see further Cheryl Foong, “Sharing with
Creative Commons: a business model for content creators” (2010)
Platform: Journal of Media and Communication 64, available at
http://eprints.qut.edu.au/40800/
• My publications are available at
http://eprints.qut.edu.au/view/person/Foong,_Cheryl.html)
Advantages of using CC
 Discoverability and retrieval of CC materials by search engines (CC
machine readable code)
 Explicit statement of re-use rights: information provided upfront to
users about what they CAN do with the material
 Standard, internationally recognised icons depict the licence
conditions – surmounts language barriers
 Facilitates legal re-mix and re-use of CC-licensed materials
 Identification and attribution of the creator/owner of the licensed
material
 Can be used on all copyright material (except software)
 Licences have been held to be valid and enforceable by courts
© 2013 Anne Fitzgerald..
CC Australia
 More information at creativecommons.org.au and
creativecommons.org
 Twitter: @ccAustralia @eduCCau @govCCau
 Facebook: http://www.facebook.com/ccAustralia
 Professor Anne Fitzgerald
 Publications:
http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html
 Twitter: @AnneMFitzgerald
CC & Government Guide: Using Creative Commons 3.0 Australia
Licences on Government Copyright Materials
Anne Fitzgerald, Neale Hooper & Cheryl Foong (2011)
http://eprints.qut.edu.au/38364/
http://creativecommons.org.au/sectors/government

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  • 1. Professor Anne Fitzgerald Creative Commons Australia Queensland University of Technology Australasian Medical Writers Association Webinar 26 September 2013 © 2013 Anne Fitzgerald. This presentation is licensed under the Creative Commons Attribution 3.0 Australia licence.T
  • 2.
  • 3. This session …  Copyright  What Creative Commons (CC) is  Overview of how CC is being used, particularly in the research sector  Future directions for CC © 2013 Anne Fitzgerald..
  • 4. Copyright  Governed by the Copyright Act (Cth)  No registration required  Copyright exists automatically once criteria in the Act are satisfied  Copyright protects original expression  Not ideas, information or facts  But the form in which those ideas, information or facts are expressed © 2013 Anne Fitzgerald..
  • 5. Generic 2.0 ‘take the old machine’ by Angelo González, http://www.flickr.com/photos/21251150@N04/5291456294 Photographs, paintings, images, sculptures…(artistic works)
  • 6. Generic 2.0 ‘I Giovani e la Musica’ by Super UbO, http://www.flickr.com/photos/14443853@N07/5362778675 Music, sound recordings, radio broadcasts…
  • 7. Generic 2.0 ‘Apollo 11 Video Restoration Press Conference / Newseum’ by NASA Goddard Space Flight Centre, http://www.flickr.com/photos/24662369@N07/3726614425 Films, Videos, Theatre, TV broadcasts…(cinematograph films, dramatical works, television broadcasts)
  • 8. Blogs, books, articles, essays… (literary works, published editions of works) Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/
  • 9. Compilations of data… ("literary work" includes: … a table, or compilation , expressed in words, figures or symbols – s 10, Copyright Act 1968) ) Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/
  • 10. Copyright as a bundle of exclusive rights  For example, for literary, dramatic and musical works the rights are to:  reproduce in material form  publish  publicly perform  communicate to the public in electronic form  transmit;  make available  make an adaptation or translation  control rental, where work is a computer program or is reproduced in a sound recording: s 31(1) © 2013 Anne Fitzgerald..
  • 11. Copyright in the digital environment  When we use digital technology, we automatically reproduce content and thereby enter the copyright “zone”,  because digital technology needs to reproduce material so it can be played, run or even viewed.  Copyright has been further extended to protect  Broader range of subject matter – e.g. computer programs  Broader range of rights – e.g. right to communicate electronically to the public  Technological Protection Measures (TPMs) (eg encryption/anti- copying devices) applied to control access or copying;  Electronic Rights Management Information (ERMI) © 2013 Anne Fitzgerald..
  • 12. Copyright In a nutshell…  copyright automatically applies to a lot of material  the exclusive rights of the copyright owner are very broad  remedies for infringement are strong and enforcement is effective (through civil and criminal actions)  exceptions are limited (e.g. fair dealing) available Which means that.....  the consequences of infringement will deter use/reuse unless it is clear that the use is permitted © 2013 Anne Fitzgerald..
  • 13. Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920 legal advice (s43) research or study (s40) criticism or review (s41) parody or satire (s41A) reporting of news (s42) Fair dealing Unless the law provides otherwise…
  • 14. Copyright  General rule = You need permission/licence to do anything within the scope of the copyright owner’s rights (economic or moral rights) unless the law provides otherwise (eg where there is an exception permitting that use)  express permission to use should be obtained  importance of clear statement of permitted uses  any other rights/obligations (other than copyright) also need to be considered © 2013 Anne Fitzgerald..
  • 15. Copyright licensing – traditional practice  “All rights reserved” (or, at least, most rights reserved)  Use requires prior permission from the copyright owner unless within an exception to owner’s rights (e.g. fair dealing) under the Copyright Act  Negotiating terms is cumbersome, time consuming, expensive – inefficiency means high transaction costs  Has led to multiple non-standard licences  Problem of “orphan” works – no identifiable copyright owner from whom permission may be obtained  Arose from pre-internet era - not geared to the immediate and global nature of the internet © 2013 Anne Fitzgerald. ©all rights reserved
  • 18. Creative Commons  a standardised system for licensing the use of copyright 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 to use 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 © 2013 Anne Fitzgerald..
  • 19. Copyright licensing – with CC licences  Based on copyright  Only some rights reserved  Relatively short, simplified, standardised licences which provide permission in advance  BUT  do not cover all possible kinds of permissions – other kinds of permissions will have to be negotiated  Do not contain detailed provisions covering all relevant aspects of the law  Must be read in the context of copyright law (legislation & judgments) and often other relevant bodies of law (e.g. private international law – “jurisdictional” issues and applicable law)  Also have to be read in context of other relevant “information” laws notably privacy (data protection), security, and interception of communications (telecommunications) - See Chang v. Virgin Mobile USA, LLC, 2009 WL 111570 (N.D.Tex. January 16, 2009) © 2013 Anne Fitzgerald..
  • 20. In short, Creative Commons is ….  A set of licences that are free for anyone to use  Based on copyright  A copyright licence (permission to use)  A way of managing copyright, particularly for material distributed online © 2013 Anne Fitzgerald..
  • 21. Baseline permissions  Fundamental baseline rights granted by all CC licences:  Reproduce  Distribute  Publicly perform  Additional baseline permission granted in four of the six CC licences to create derivative works and  Reproduce  Distribute  Publicly perform the derivative work © 2013 Anne Fitzgerald.
  • 22. Core Conditions Attribution (BY) – attribute the author, and no false attribution This applies to all CC licences Non Commercial (NC) – no “commercial use” (as defined) No Derivatives (ND) – no changes allowed to original work Share Alike (SA) – changes allowed, but new work is to be distributed under the same licence as the original work * ND and SA cannot be used together © 2013 Anne Fitzgerald..
  • 23. Licence combinations © 2013 Anne Fitzgerald.
  • 24. 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) © 2013 Anne Fitzgerald..
  • 30. Attribution (BY)  Copyright notice - Keep notices that refer to the Licence or Disclaimers  Name of author and other Attribution parties  Source and Title of the work  Licence URL/hyperlink  In a Derivative Work, identify the changes made to the original  No suggestion of endorsement  Attribution is to be done “In a manner reasonable to the medium you are using”
  • 32. Non Commercial (NC)  “Commercial” defined as meaning “primarily intended for or directed towards commercial advantage or private monetary compensation”
  • 34. No Derivative Works (ND)  “Derivative Work" means material in any form that is created by editing, modifying or adapting the Work, a substantial part of the Work, or the Work and other pre-existing works.  Derivative Works may, for example, include a translation, adaptation, musical arrangement, dramatisation, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be transformed or adapted…
  • 36. Share Alike (SA)  Clause 4B(a) Attribution-Share Alike 3.0 Australia:  You may only Distribute or publicly perform a Derivative Work if You apply one of the following licences to it:  i) this Licence;  ii) a later version of this Licence with the same Licence Elements (such as Attribution-ShareAlike 4.0 Australia); or  iii) a Creative Commons Unported licence or a licence from another jurisdiction (either this or a later version) that has the same Licence Elements; or  iv) a Creative Commons Compatible Licence. (* note this last option is not available in CC BY NC SA 3.0 Australia)
  • 37. How do people use CC?  Licensing out: use CC licences 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, mashup  e.g.  Repositories – Wikipedia, Flickr, YouTube  Institutions/Organisations – ABC, Al Jazeera  Licensing in: use copyright materials created by others that are distributed under CC licences  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, mashup e.g.  students using CC material from Wikipedia in their projects  teachers using Open Educational Resources (OER) licensed under CC  In either case, the scope of re-use will depend on which CC licence selected
  • 38.  Creative Commons, The Power of Open, available at http://thepowerofopen.org/, licensed under CC BY, http://creativecommons.org/licenses/by/3.0/. CC licensed material
  • 39. CC BY SA Most of Wikipedia's text and many of its images are dual- licensed under the Creative Commons Attribution- Sharealike 3.0 Unported License (CC-BY-SA) and the GNU Free Documentation License (GFDL) The small print: “ Text is available under the Creative Commons Attribution-Share Alike License; additional terms may apply. See Terms of Use for details ....” Information for text contributors to Wikimedia projects To grow the commons of free knowledge and free culture, all users contributing to Wikimedia projects are required to grant broad permissions to the general public to re- distribute and re-use their contributions freely, as long as the use is attributed and the same freedom to re-use and re-distribute applies to any derivative works. Therefore, for any text you hold the copyright to, by submitting it, you agree to license it under the Creative Commons Attribution-ShareAlike 3.0 Unported License. For compatibility reasons, you are also required to license it under the GNU Free Documentation License. Re-users can choose the license(s) they wish to comply with. Please note that these licenses do allow commercial uses of your contributions, as long as such uses are compliant with the terms. As an author, you agree to be attributed in any of the following fashions: a) through a hyperlink (where possible) or URL to the article or articles you contributed to, b) through a hyperlink (where possible) or URL to an alternative, stable online copy which is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on this website, or c) through a list of all authors. (Any list of authors may be filtered to exclude very small or irrelevant contributions.)
  • 40. “Visitors to this website agree to grant a non- exclusive, irrevocable, royal ty-free license to the rest of the world for their submissions to Whitehouse.gov under the Creative Commons Attribution 3.0 License.”
  • 43.
  • 44. 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. © 2013 Anne Fitzgerald.
  • 45. Australian Government Attorney General’s IP Guidelines and IP Manual (2012)  In 2012, the Australian Government released two documents which implement the Statement of IP Principles for Australian Government Agencies:  Guidelines on Licensing Public Sector Information for Australian Government Agencies;  Australian Government Intellectual Property Manual (IP Manual).  Both documents are available on the Attorney-General’s Department website under the CC BY 3.0 Australian licence.  Attorney General’s IP Manual makes it clear that PSI should be released by default free of charge under a Creative Commons Attribution (CC BY) Australian licence by default. (Chapter 9 - “Sharing and Granting Public Access to IP”)  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. © 2013 Anne Fitzgerald.
  • 46.
  • 47. Open Access  Open Access movement began in 1990s with concerns about access to research data (eg human genome project) and scholarly articles published in journals  Growing dissatisfaction of research community about traditional business models operating in the digital environment:  research conducted with public funds  articles written and peer-reviewed by scientists and academics for free  typically, copyright was assigned entirely to the publisher  academics and public charged high fees by publishers for access to articles © 2012 Anne Fitzgerald..
  • 48. Open Access to research  Bermuda Principles (1996) - endorsed by the participants at the international strategy meeting on human genome sequencing  Budapest Open Access Initiative (2002) defined Open Access to scholarly journal articles [see next slide]  Bethesda Statement on Open Access Publishing (2003) - encourages faculty and grant recipients to publish their work under Open Access principles  Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities (2003) – covers original scientific research results, raw data and metadata, source materials, digital representations of pictorial and graphical materials and scholarly multimedia material – supports open access publishing in OA journals or self-archiving in OA repositories © 2012 Anne Fitzgerald..
  • 49. Budapest Open Access Initiative (2002)  The literature that should be freely accessible online is that which scholars give to the world without expectation 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 to alert colleagues to important research findings.  There are many degrees and kinds of wider and easier access to this literature. By "open access“ we mean 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 from gaining access to the internet itself.  The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited. http://www.soros.org/openaccess/read. © 2013 Anne Fitzgerald..
  • 50. National Health and Medical Research Council (NHMRC) policy on access to research publications and data  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 © 2013 Anne Fitzgerald..
  • 51. Australian Research Council (ARC) Open Access policy  Effective 1 January 2013  Any publications arising from an ARC supported research project must be deposited into an open access institutional repository within a twelve (12) month period from the date of publication  Requirement subject to legal or contractual obligations (i.e. restrictive publishing contracts which prohibit/do not allow for open access)  http://www.arc.gov.au/applicants/open_access.htm
  • 52. Open Access publishing: the Green and Gold roads  Green OA  Authors retain rights to their work  make their articles (usually in the form of “accepted manuscripts”) available through institutional repositories or personal websites – check OAK List for publisher’s policy on this: http://www.oaklist.qut.edu.au/  QUT ePrints – eg “Open Content Licensing: Cultivating the Creative Commons” (2007), Sydney University Press and QUT ePrints - http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5 Licence - > 8,000 downloads, ranks 15th in QUT ePrints  QUT Law and Justice Journal/QUT Law Review (from 2013): licensed under 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. © 2013 Anne Fitzgerald..
  • 53.
  • 54.
  • 55. Gold OA consistent with CC Public Library of Science (PLOS)  Public Library of Science (PLoS) is a non-profit organisation ‘dedicated to making the world’s scientific and medical literature a freely available public resource’.  PLoS publishes 7 open access journals:  PLOS One - reportedly the world’s largest scholarly journal by volume)  BLOS Biology (first PLOS journal, launched 2003)  PLOS Medicine  PLOS Genetics  PLOS Computational Biology  PLOS Pathogens  PLOS Neglected Tropical Diseases  All site content, except where otherwise noted, is licensed under a CC BY licence – CC Attribution 3.0 unported http://creativecommons.org/licenses/by/3.0/  See presentations by Gavin Yamey at Harvard University, 2007 at http://www.is2k7.org/media/opening- open-access-part-i and http://www.is2k7.org/media/opening-open-access-part-ii © 2013 Anne Fitzgerald..
  • 56. The PLOS Gold OA model  To provide open access, PLOS journals use a business model in which our expenses — including those of peer review, journal production, and online hosting and archiving — are recovered in part by charging a publication fee to the authors or research sponsors for each article they publish.  Our prices, which have not been raised since August 2009, are as follows:  PLOS Biology US$2900  PLOS Medicine US$2900  PLOS Computational Biology US$2250  PLOS Genetics US$2250  PLOS Pathogens US$2250  PLOS Neglected Tropical Diseases US$2250  PLOS ONE US$1350  PLOS is committed to the widest possible global participation in open access publishing. To determine the appropriate fee, we use a country-based pricing model, which is based on the country that provides 50% or more of the primary funding for the research that is being submitted. Research articles funded by Upper Middle and High Income Countries incur our standard publication fees. Corresponding authors who are affiliated with one of our Institutional Members are eligible for a discount on this fee. Such authors will be informed of the discount applicable after submission of their manuscript.  Fees for Low and Lower Middle Income Countries are calculated according to the PLOS Global Participation Initiative for manuscripts submitted after 9am Pacific Time on September 4, 2012 (this program is not retroactive).  Group One: Countries from this list will not be charged for publishing  Group Two: Countries from this list will be charged a flat $500
  • 57. The BioMed Central Gold OA model http://www.biomedcentral.com/about  BioMed Central is an STM (Science, Technology and Medicine) publisher of 257 peer-reviewed open access journals. The portfolio of journals spans all areas of biology, biomedicine and medicine and includes broad interest titles, such as BMC Biology and BMC Medicine alongside specialist journals, such as Retrovirology and BMC Genomics. All original research articles published by BioMed Central are made freely accessible online immediately upon publication.  BioMed Central levies an article-processing charge to cover the cost of the publication process. Authors publishing with BioMed Central retain the copyright to their work, licensing it under the Creative Commons Attribution License which allows articles to be re-used and re-distributed without restriction, as long as the original work is correctly cited. BioMed Central is owned by Springer Science+ Business Media, and also hosts the SpringerOpen platform.
  • 58. Directory of Open Access Journals  The Directory of Open Access Journals (DOAJ) lists 3,648 (36.7 of the total 9,938) (as at 26 September 2013) as using some kind of Creative Commons licence – see http://www.doaj.org/doaj?func=byLicense  CC-by Attribution (by) (1814 journals)  CC-by-sa Attribution Share Alike (by-sa) (48 journals)  CC-by-nd Attribution No Derivatives (by-nd) (46 journals)  CC-by-nc Attribution Non-commercial (by-nc) (795 journals)  CC-by-nc-sa Attribution Non-commercial Share Alike (by-nc-sa) (247 journals)  CC-by-nc-nd Attribution Non-commercial No Derivatives (by-nc-nd) (698 journals)  The DOAJ also categories OA journals according to publication (“article processing”) fees payable – see http://www.doaj.org/doaj?func=byPublicationFee&uiLanguage=en  No Article Processing Charge (6517 journals)  With Article Processing Charge (2709 journals)  Conditional Article Processing Charge (499 journals)  No information re Article Processing Charge (200 journals)
  • 59. Guidelines for OA (UNESCO)  The Creative Commons organisation has developed a set of licences from which authors or publishers can choose. Some Open Access publishers use Creative Commons licences to ensure that the content of the articles published in their journals are reusable in the widest (libre Open Access) sense: that is, they can be reproduced, abstracted, ‘mashed up’ with other material to produce new information, crawled by text-mining and data-mining tools and so on.  ▶ Open Access requires the copyright holder’s consent  ▶ The norm is to sign the whole bundle of rights over to the journal publisher, though it is not necessary to do this in most cases: publishers can go about their work so long as the author signs over to them the right to publish the work  ▶ Authors and other copyright holders (employers and funders) can retain the rights they need to make the work Open Access  ▶ Licensing scientific works is good practice because it makes clear to the user what can be done with the work and by that can encourage use  ▶ Creative Commons licensing is best practice because the system is well-understood, provides a suite of licences that cover all needs, and the licences are machine-readable  From “Guidelines for the Development and Promotion of Open Access” by Alma Swan (2012)  http://unesdoc.unesco.org/images/0021/002158/215863e.pdf - United Nations Educational, Scientific and Cultural Organization (UNESCO) Communication and Information Sector
  • 61. 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 implementation resources such as open licences.’  OECD, “Giving Knowledge for Free: The Emergence of Open Educational Resources”, OECD, Paris, 2007, at p 38, available at www.oecd.org/dataoecd/35/7/38654317.pdf. © 2013 Anne Fitzgerald..
  • 62. Reuse, remix, distribution are at the 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 with other works; and  Redistribute: share the verbatim work, the reworked work, or the remixed work with others. © 2013 Anne Fitzgerald..
  • 63.
  • 64. Trade Adjustment Assistance Community College and Career Training Grant Program (TAACCCT): US $2 billion in funding provided under federal education fund to create OER resources for use in community colleges P062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216
  • 65. TAACCCT  The first round of grants (Wave 1) awarded nearly $500 million in 2011, and the second round (Wave 2), announced on 27 February 2012, will make another $500 million available to eligible higher education institutions.  Wave 1 - materials produced must be distributed under a CC BY licence.  Wave 2 - the CC BY license must also be applied to modifications made to pre-existing, grantee-owned content using grant funds. © 2013 Anne Fitzgerald..
  • 66. California digital textbooks project  Legislative implementation of OER policy  In September 2012, California Governor Jerry Brown signed two bills providing for the creation of free, openly licensed digital textbooks for the 50 most popular lower-division college courses offered by California colleges.  A crucial component of the California legislation is that the textbooks developed will be made available under the Creative Commons Attribution license (CC BY). © 2013 Anne Fitzgerald..
  • 68. Khan Academy – Terms of Service 7. Licensed Educational Content.  7.1 …Unless otherwise indicated, all Licensed Educational Content is the property of Khan Academy or its subsidiaries or affiliated companies and/or third-party licensors and, subject to the terms and conditions of these Terms, is licensed to You under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License (available at http://creativecommons.org/licenses/by- nc-sa/3.0/us/) (the “Creative Commons License”). … © 2013 Anne Fitzgerald..
  • 69.
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  • 75. Photos Flickr  Browse http://www.flickr.com/creativecommons/  Advanced search http://www.flickr.com/search/advanced/  500px  http://500px.com/creativecommons   Idée Inc. Multicolr Search Lab  http://labs.ideeinc.com/multicolr/ Generic 2.0 ‘Everyone needs a getaway’ by kennymatic (Kenny Louie), http://www.flickr.com/photos/99472898@N00/3875936992
  • 76. http://www.flickr.com/creativecommons/ 260 million of 8 billion photos licensed under CC
  • 77.
  • 80.
  • 82. Generic 2.0 ‘Self-conscious robot’ by NASARobonaut (Kris Kehe), http://www.flickr.com/photos/nasarobonaut/5161876882/
  • 85. Music  SoundCloud  Browse: http://soundcloud.com/creativecommons  Search: http://soundcloud.com/tracks/search  Free Sound Archive  http://www.freesound.org/  Opsound  http://opsound.org/index.php  ccMixter  http://ccmixter.org/  Magnatune  http://magnatune.com/  Jamendo  http://www.jamendo.com/en Generic 2.0 ‘Elvis!’ by Kevin Dooley, http://www.flickr.com/photos/12836528@N00/4464019859
  • 86. Soundcloud http://soundcloud.com/tracks/search - select ‘Show advanced search options’
  • 87.
  • 88.  Vimeo  http://vimeo.com/search  YouTube  http://www.youtube.com/editor Generic 2.0 ‘Afghan Air Force and Afghan National Army Combine Combat Training Exercises’ by isafmedia , http://www.flickr.com/photos/29456680@N06/5413482056 Video
  • 90.
  • 91. 4.5 million YouTube videos licensed under CC BY
  • 92.
  • 93.  Always check the usage rights  Do not assume that the search filters are perfect
  • 94. a. CC Licence Chooser b. Software licence injectors c. Platform upload settings
  • 95. Generic 2.0 ‘The Best Things in Life Are…’ by LASZLO ILYES, http://www.flickr.com/photos/laszlo-photo/437476999/
  • 97. More information © 2012 Cheryl Foong. This work is licensed under a Creative Commons Attribution-NonCommercial 3.0 Australia License.
  • 98. Even more information © 2012 Cheryl Foong, licensed under a Creative Commons Attribution Non-Commercial 3.0 Australia licence. http://creativecommons.org/licenses/by-nc/3.0/au/. You may use this photo for non-commercial purposes only. For further permissions contact Cheryl at cheryl.foong@gmail.com. Please attribute this photo as “© 2012 Cheryl Foong, licensed under CC BY NC http://creativecommons.org/licenses/by-nc/3.0/au/”
  • 99. Default Example Work by Australian Government is licensed under a Creative Commons Attribution 3.0 Australia License. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to Australian Government and abide by the other licence terms. The work should be attributed in the following way: © Australian Government 2010.
  • 100. Summary of licence terms Example Work by Australian Government is licensed under a Creative Commons Attribution 3.0 Australia License. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to Australian Government and abide by the other licence terms. The work should be attributed in the following way: © Australian Government 2010.
  • 101. Unless otherwise specified… Unless otherwise specified, material on this website is licensed by Australian Government under a Creative Commons Attribution 3.0 Australia License. In essence, you are free to copy, distribute and adapt the material, as long as you attribute the work to Australian Government and abide by the other licence terms. Australian Government material should be attributed in the following way: © Australian Government 2010.
  • 107.
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  • 117. Social Media Platform settings http://www.flickr.com/photos/upload/
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  • 127.
  • 128. • More examples of how CC is being used: • http://wiki.creativecommons.org/Case_Studies • Other resources (fact sheets etc.): http://wiki.creativecommons.org/Documentation • On business models, see further Cheryl Foong, “Sharing with Creative Commons: a business model for content creators” (2010) Platform: Journal of Media and Communication 64, available at http://eprints.qut.edu.au/40800/ • My publications are available at http://eprints.qut.edu.au/view/person/Foong,_Cheryl.html)
  • 129. Advantages of using CC  Discoverability and retrieval of CC materials by search engines (CC machine readable code)  Explicit statement of re-use rights: information provided upfront to users about what they CAN do with the material  Standard, internationally recognised icons depict the licence conditions – surmounts language barriers  Facilitates legal re-mix and re-use of CC-licensed materials  Identification and attribution of the creator/owner of the licensed material  Can be used on all copyright material (except software)  Licences have been held to be valid and enforceable by courts © 2013 Anne Fitzgerald..
  • 130. CC Australia  More information at creativecommons.org.au and creativecommons.org  Twitter: @ccAustralia @eduCCau @govCCau  Facebook: http://www.facebook.com/ccAustralia  Professor Anne Fitzgerald  Publications: http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html  Twitter: @AnneMFitzgerald CC & Government Guide: Using Creative Commons 3.0 Australia Licences on Government Copyright Materials Anne Fitzgerald, Neale Hooper & Cheryl Foong (2011) http://eprints.qut.edu.au/38364/ http://creativecommons.org.au/sectors/government

Notas del editor

  1. Vast pool of CC licensed material available
  2. SourcesHeather Morrison, ‘PLoS ONE: now the world’s largest journal?’, The Imaginary Journal of Poetic Economics (blog), 5 January 2011, available at http://poeticeconomics.blogspot.com.au/2011/01/plos-one-now-worlds-largest-journal.html. Glenn Otis Brown, ‘Public Library of Science’ (interview with Michael Eisen, co-founder of PLoS), CC News, 1 September 2005, available at http://creativecommons.org/weblog/entry/7038.PLoS License, http://www.plos.org/about/open-access/license/ (accessed on 1 February 2012). Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20 October 2008, available at http://creativecommons.org/weblog/entry/10100.
  3. OpenCourseWare Consortium Toolkit: Maintaining Intellectual Property at http://www.ocwconsortium.org/en/community/toolkit/maintainingip
  4. BY NC SA 3.0 US http://ocw.mit.edu/terms/#cc
  5. See http://www.dol.gov/opa/media/press/eta/eta20101436.htm and http://creativecommons.org/weblog/entry/26100
  6. http://www.khanacademy.org/
  7. http://www.khanacademy.org/about/tos#7
  8. http://search.creativecommons.org/
  9. http://www.google.ca/advanced_search
  10. http://www.flickr.com/creativecommons/
  11. “Search on Flickr with some magic"
  12. Licences and conditions are machine-readable and searchable More and more innovative search tools emerging
  13. Aimed at aspiring and professional photographers
  14. http://www.flickr.com/photos/12836528@N00/4464019859
  15. Clip art: ‘Warning Notification’ byeastshores <http://openclipart.org/detail/3130/warning-notification-by-eastshores>
  16. Free to use available on the web no transactions fees
  17. http://www.microsoft.com/en-us/download/details.aspx?id=13303 More at http://www.microsoft.com/en-us/download/search.aspx?q=creative%20commons
  18. http://extensions.services.openoffice.org/project/ccooo
  19. http://sourceforge.net/projects/licmanager/http://licmanager.sourceforge.net/http://www.oaklaw.qut.edu.au/node/73.html
  20. http://www.flickr.com/photos/upload/
  21. See Kay Kremerskothen, ‘6,000,000,000’, Flickr Blog, 4 August 2011, available at http://blog.flickr.net/en/2011/08/04/6000000000/. See Kay Kremerskothen, ‘200 million Creative Commons photos and counting!’, Flickr Blog, 5 October 2011, available at http://blog.flickr.net/en/2011/10/05/200-million-creative-commons-photos-and-counting/
  22. http://www.stuckincustoms.com/licensing/