Presentation on Creative Commons Licences to staff of the State Library of New South Wales, Sydney, Australia, on 24 June 2013. Presentation explains Creative Commons licences and how they are used. Presentation is designed for those in the GLAM sector.
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/
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…
31. 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
“In a manner reasonable to the medium you are using”
33. Non Commercial (NC)
“Commercial” defined as meaning “primarily intended
for or directed towards commercial advantage or
private monetary compensation”
35. 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…
37. 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)
38. 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.)
39. 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, mashup
e.g.
Repositories – Wikipedia, Flickr, YouTube
Institutions/Organisations – ABC, Al Jazeera
Licensing in: use copyright materials created by others that
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, 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
40. 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
41. “Visitors to this website
agree to grant a non-
exclusive, irrevocable,
royalty-free license to the
rest of the world for their
submissions to
Whitehouse.gov under the
Creative Commons
Attribution 3.0 License.”
65. Premier’s message at
http://data.qld.gov.au/about
“So that people using our data can do so effectively,
agencies must provide it in a standard way. Agencies
will:
follow metadata standards
apply clear licences (preferably open licences such as
Creative Commons)
assess and advise of data quality
outline any limitations on data use.”
70. In 2009 the Al Jazeera Network launched a repository
of broadcast quality footage under a variety of CC
licences
Initial focus was on footage of the conflict in Gaza,
which was released under a CC BY licence.
The aim of allowing the broadest possible reuse
(including commercial use) was to make people more
aware of these issues as well as profiling the Al Jazeera
Network throughout the world.
See Al Jazeera CC Repository at http://cc.aljazeera.net/
73. ABC “80 Days that Changed our Lives”
To celebrate ABC’s 80th anniversary , ABC released 22 files capturing
historic moments on Wikimedia under CC BY-SA
first collection of broadcast “packaged” footage released to Wikimedia
Commons under a free license
75. Wikimedia
“What is Wikimedia Commons?
Wikimedia Commons is a media file repository making available public domain and
freely-licensed educational media content (images, sound and video clips) to everyone, in
their own language. It acts as a common repository for the various projects of the
Wikimedia Foundation, …
Launched on 7 September 2004, Wikimedia Commons hit the 1,000,000 uploaded media
file milestone on 30 November 2006 and currently contains 13,546,116 files and 106,660
media collections. …
Unlike traditional media repositories, Wikimedia Commons is free. Everyone is allowed to
copy, use and modify any files here freely as long as they follow the terms specified by the
author; this often means crediting the source and author(s) appropriately and releasing
copies/improvements under the same freedom to others. The license conditions of each
individual media file can be found on their description page. The Wikimedia Commons
database itself and the texts in it are licensed under the Creative Commons
Attribution/Share-Alike License. More information on re-use can be found at
Commons:Reusing content outside Wikimedia and Commons:First steps/Reuse.”
http://commons.wikimedia.org/wiki/Commons:Welcome
81. 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
86. Blackboard xpLor
xpLor is a new cloud-based learning object repository
that will work across the various learning
management systems (LMS) in use at educational
institutions
Objective is to dissolve content boundaries between
LMS’s and institutions so that instructors can more
easily share, discover, and reuse course content.
xpLor has CC licensing options - instructors and
institutions can create, share, and build on each
other’s CC-licensed content through the same
interface.
97. 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
98. ARC Funding Rules for Discovery
Projects commencing in 2013
Clause 21: Material Produced under this Agreement,
Publication and Dissemination of Research Outputs
21.3 The ARC will support publication and dissemination
costs as per clause 7.8 of this Agreement. The ARC
strongly encourages publication in publicly accessible
outlets and the depositing of data and any
publications arising from a Project in an appropriate
subject and/or institutional repository.
21.4 The Final Report must justify why any
publications from a Project have not been deposited
in appropriate repositories within 12 months of
publication. The Final Report must outline how data
arising from the Project has been made publicly
accessible where appropriate.
105. CC Australia
More information at www.creativecommons.org.au
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
Notes de l'éditeur
http://www.flickr.com/photos/rednuht/275062341/
Vast pool of CC licensed material available
http://www.flickr.com/creativecommons/
“Search on Flickr with some magic"
http://labs.ideeinc.com/multicolr/
Searches across 10 million of the most “interesting” CC licensed images on FlickrCheck the particular licence
‘Al Jazeera Announces Launch of Free Footage Under Creative Commons License’. Accessed 8 July 2010. Available from: http://creativecommons.org/press-releases/entry/12166
OpenCourseWare Consortium Toolkit: Maintaining Intellectual Property at http://www.ocwconsortium.org/en/community/toolkit/maintainingip
BY NC SA 3.0 US http://ocw.mit.edu/terms/#cc
See http://www.dol.gov/opa/media/press/eta/eta20101436.htm and http://creativecommons.org/weblog/entry/26100
http://www.khanacademy.org/
http://www.khanacademy.org/about/tos#7
http://training.gov.au/Home/Copyright
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.
“The District Court interpreted the Artistic License to permit a user to ‘‘modify the material in any way’’ and did not find that any of the ‘‘provided that’’ limitations in the Artistic License served to limit this grant. The District Court’s interpretation of the conditions of the Artistic License does not credit the explicit restrictions in the license that govern a downloader’s right to modify and distribute the copyrighted work. The copyright holder here expressly stated the terms upon which the right to modify and distribute the material depended and invited direct contact if a downloader wished to negotiate other terms. These restrictions were both clear and necessary to accomplish the objectives of the open source licensing collaboration, including economic benefit. Moreover, the District Court did not address the other restrictions of the license, such as the requirement that all modification from the original be clearly shown with a new name and a separate page for any such modification that shows how it differs from the original. Copyright holders who engage in open source licensing have the right to control the modification and distribution of copyrighted material. As the Second Circuit explained in Gilliam v. ABC, 538 F.2d 14, 21 (2d Cir.1976), the ‘‘unauthorized editing of the underlying work, if proven, would constitute an infringement of the copyright in that work similar to any other use of a work that exceeded the license granted by the proprietor of the copyright.’’ Copyright licenses are designed to support the right to exclude; money damages alone do not support or enforce that right. The choice to exact consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar denominated fee, is entitled to no less legal recognition. Indeed, because a calculation of damages is inherently speculative, these types of license restrictions might well be rendered meaningless absent the ability to enforce through injunctive relief.”