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Creative Commons, Government & Institutions
‘Why is open access to public sector
information important for innovation?
…because knowledge and information
government &
flows underpin creativity and institutional
innovation. It is especially important in
a small country economy like Australia case studies
because of the relative scope and
scale of public sector information.’
Terry Cutler, 2007, Innovation and open access to public ABC Pool 125
sector information, p 9
Brisbane Media Map (BMM) 127
‘Open access to government copyright Dictionary of Sydney 129
material is increasingly being
recognised on an international scale Government Information
as important not only as an element Licensing Framework (GILF) 132
of open democracy, but as ‘a key
driver of social, cultural and economic Powerhouse Museum,
development’ Sydney 135
Fitzgerald, 2006, www.oaklaw.qut.edu.au/files/LawReport/
OAK_Law_Report_v1.pdf
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ABC Pool
description: Pool is an online experimental collaborative
media publishing platform operated by the
Australian Broadcasting Corporation (ABC).
website: www.pool.org.au
licence used: Creative Commons BY-NC, http://
creativecommons.org/licenses/by-nc/3.0
and BY-NS-SA 3.0 Unported, http://
creativecommons.org/licenses/by-nc-
sa/3.0
ABC Pool homepage, July 2008
media: Various – includes Video, Audio, Text, Picture, Design and
Interactive Media.
location: Australia
are treated respectfully. To this end, the content during the trial, most chose
site must publish content based upon non-derivative licences. It is assumed
four fundamentals: honesty, fairness, contributors are wary of allowing their work
independence and respect (ABC Editorial to be altered or remixed, as most wish to
Policies, www.abc.net.au/corp/pubs/ guard their artistic integrity. In moving
edpols.htm). towards promoting greater collaboration
and creative interactions, the Pool team
In December 2007, Pool was intend to embed an education process
commissioned for a further six-month into the licensing system to better equip
development cycle. At present the Pool users to determine which licence is best
team continue to call for comments and for them. As the site technology develops,
suggestions relating to the operation and the inclusion of in-built licence selection
direction of the project. Meanwhile the features should further assist contributors
experiment continues to shape the future in determining which licence is most
of public media. suitable to their needs.
non-commercial organisation,
Creative Commons has assisted
the Pool team in presenting
alternative public licensing
solutions to the broadcasting
organisation.
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Dictionary of Sydney
description: The Dictionary of Sydney (DoS) is a project to establish a digital encyclopaedia of the
history of Sydney, Australia.
website: www.dictionaryofsydney.org
licence used: Creative Commons Attribution-Noncommercial 2.5 Australia
http://creativecommons.org/licenses/by-nc/2.5/au
media: Audio, Video, Images, Text, Spatial
location: Sydney Basin plus Blue Mountains, Australia
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Motivations
The Dictionary of Sydney project has
considered the adoption of open content
licensing to enable broad reuse of material
hosted in the Dictionary. DoS Project
Manager Stewart Wallace has expressed
this philosophy in an email interview with
Rachel Cobcroft from Creative Commons
Australia:
Overview gov.au/QSIC/QSIC.nsf/CPByUNID/
FDC06236FADB6814A25727B0013C7EE)
Government Information and Open
The Queensland Government Information
Content Licensing: An Access and Use
Licensing Framework (GILF) (http://
132 Strategy (http://www.qsic.qld.gov.au/QSIC/
www.qsic.qld.gov.au/QSIC/QSIC.nsf/C
QSIC.nsf/0/F82522D9F23F6F1C4A257
PByUNID/6C31063F945CD93B4A2570
2EA007D57A6/$FILE/Stage%202%20
96000CBA1A) was established in 2006
Final%20Report%20-%20PDF%20Format.
by the Queensland Spatial Information
pdf?openelement), GILF concluded that a
Council (QSIC) (http://www.qsic.qld.gov.
significant majority (e.g. 85%) of PSI to be
au/qsic/QSIC.nsf/navigators/Inside%20 suitable for use with Creative Commons
QSIC) to review international trends in the licences.
transaction of public sector information
(PSI), and to formulate best practice for The Stage 2 Report sets out:
the business environment. GILF seeks to
create and implement a new standardised ß Open Content Licensing and
information licensing arrangement for all
Information Management
Queensland Government information,
providing on-demand access to accurate, principles being developed
consistent and authoritative public sector nationally and internationally;
information (PSI) to support a range of ß A gap analysis undertaken
Government initiatives. between various existing non-
standard licences in use and the
After consultation with State, Federal, Creative Commons licences;
and local government agencies together
with the private sector, GILF has ß The review undertaken of the
recommended that State Government Digital Rights Management
agencies move to an information licensing (DRM) component of the GILF to
framework based on Creative Commons electronic tag licensed data;
for information that carries no concerns ß A roadmap to implement the
relating to privacy, confidentiality or framework in pilot agencies.
other legal or policy constraints. In
A preliminary draft toolkit is
the project’s Stage 2 Report produced
included to assist with pilot
in 2006, titled (http://www.qsic.qld.
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licensing scheme for PSI, concurrently Lawrence Lessig who discussed the
ensuring that proper protections are in scheme. Whilst CC was developed initially
place to protect individuals’ privacy, and to for creative/artistic works protected by
respect the confidentiality of information, copyright, the officers considered there
whether commercial-in-confidence or may well be potential to apply the same
owing to statutory constraints or other licences to government information
restrictive considerations. databases and products which are also
protected by copyright under Australian
Creative Commons licences facilitate copyright law.
open access to and re-use of PSI whilst
ensuring attribution of State copyright ‘Government holds major
134 ownership of information, protection of repositories of public sector
the IP of the State, and the significant information. Greater access to
limitation of any potential legal liability and reuse will facilitate better
for the State in making such information decision making generally by
available on line. The value or potential the public sector, the private
of PSI lies in its maximum reuse and CC sector, including the business
licences facilitate such reuse. community. Increased access
and rights of re-use provided
Neale Hooper observes that owing under the GILF project if
to Creative Commons’ status as an implemented will also assist in
international movement, and its recognition promoting economic activity
as a standard for flexible copyright in the private sector. Social,
licensing, the government can gain culture, educational and
significant leverage from adopting CC. environmental benefits will also
be realised with the greater
‘Creative Commons is an access to and re-use of public
international movement and sector information facilitated
maximum reuse of government under the GILF project which
information is facilitated by includes use of CC licences
adopting an already developed for the significant majority
internationally accepted of public sector information.
licensing system. No point in More limiting licences will need
needlessly re-inventing the to be used where restrictive
wheel.’ issues such as privacy,
statutory constraints and other
Creative Commons was first introduced confidentiality obligations are
to the OESR when officers attended a present.’
seminar at the Queensland University Neale Hooper
of Technology in 2004 which included a
satellite link presentation by Professor
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Image: “Bird’s eye view of Circular Quay”, part of the Tyrrell Photographic Collection,
with the vision that ‘celebrates
human creativity and innovation
in ways that engage, inform and
inspire diverse audiences’ (www.
powerhousemuseum.com/about/
aboutMuseum.asp).
powerhousemuseum.com/
imageservices), a blog
which features photographs
pertaining to its vast collection.
Shot by PHM’s professional
photographers for a variety of
purposes – documenting PHM’s
Circular Quay taken somewhere between 1884-1917
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with many congratulatory messages and discussions about licensing for this
support for the Museum’s release of these project, with all agreeing to the use of
images into the Commons.’ CC. Having Creative Commons licensing
on certain images was felt potentially to
encourage interest and sales of the All
Rights Reserved photos, and to enable the
Licence Usage collection to be seen and used to a greater
degree.
The rights and permissions pertaining
to PHM’s content are clarified online In relation to images displayed on Flickr
(www.powerhousemuseum.com/ Commons, the ‘no known copyright’
imageservices/?page_id=157), which category indicates that the Museum
specifies that materials housed at the is unaware of any current Copyright
Museum fall into three categories: full restrictions on this work: ‘This can be
copyright, ‘no known copyright,’ and because the term of Copyright for this work
‘Creative Commons Attribution-Non- may have expired or that Copyright does
Commercial-NoDerivatives.’ not apply to this type of work.’
In late November 2007, selected images Paula Bray, Manager of the Powerhouse’s
from Photo of the Day were similarly Image Services, agreed with this
licensed. The Museum’s photographers sentiment:
were involved to a large part in the
Swimming at Enfield pool in Sydney. Photographed for the exhibition Modern Times:
the untold story of modernism in Australia.
Image: ‘Underwater at Enfield’ by Jean-Francois Lanzarone. CC BY-NC-ND 2.0 Generic,
www.flickr.com/photos/powerhouse_museum_photography/2740099339
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