Creative Commons

Professor Anne Fitzgerald and Cheryl Foong
Queensland University of Technology

School of Journalism and Communication
University of Queensland
27 August 2012

This session …
 Copyright basics
 What Creative Commons (CC) is
 Case studies / business models
 How to find CC licensed material
 How to attribute CC licensed material

Blogs, books, articles, essays…
(literary works, published editions of works)

Generic 2.0 ‘_MG_0318’ by Zitona, http://www.flickr.com/photos/zitona/5021203226/

Photographs, paintings,
images, sculptures… (artistic works)

Generic 2.0 ‘take the old machine’ by Angelo González, http://www.flickr.com/photos/21251150@N04/5291456294

Music, sound recordings,
radio broadcasts…
Generic 2.0 ‘I Giovani e la Musica’ by Super UbO, http://www.flickr.com/photos/14443853@N07/5362778675

Films, Videos, Theatre,
TV broadcasts… (cinematograph films, dramatical works, television 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

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

Copyright
 Bundle of exclusive rights:
 E.g. for Literary, dramatic and musical works
 Reproduce in material form
 Publish
 Perform
 Communicate to the public
 Make an adaptation or translation
 Control rental, where work is a computer program or is
reproduced in a sound recording: s 31(1)

Copyright
 In Australia, copyright can be effectively enforced (civil
and criminal remedies for infringement)
 As a result, the consequences of infringement will
deter use/reuse unless it is clear that the use is
permitted

 General rule = You need permission/licence to
“exercise exclusive economic rights of copyright
owner” unless the law provides otherwise

Unless the law provides otherwise…

Fair dealing

research or study (s40)
criticism or review (s41)
parody or satire (s41A)
reporting of news (s42)
legal advice (s43)
Generic 2.0 That time of year again… by Etwood, http://flickr.com/photos/etwood/231364920

But is the dealing “fair”?
 "(i) Fair dealing involves questions of degree and
impression; it is to be judged by the criterion of a fair
minded and honest person, and is an abstract concept;
 (ii) Fairness is to be judged objectively in relation to
the relevant purpose, that is to say, the purpose of
criticism or review or the purpose of reporting news;
in short, it must be fair and genuine for the relevant
purpose …”
 TCN Channel Nine Pty Ltd v Network Ten Pty Limited [2002]
FCAFC 146 (22 May 2002), [98] per Hely J

Copyright
In a nutshell…
 Copyright automatically applies to a lot of material
 Exclusive rights of the copyright owner are very broad
 Limited exceptions

 General rule – you need permission
 Importance of clear statement of permitted uses – to
avoid infringement

Creative Commons IS NOT…
 anti-copyright

Creative Commons IS…
 A copyright licence (permission)
 Cannot exist without copyright
 A new way of managing copyright
 Free for everyone to use

What is Creative Commons?
 a standardised system for licensing the use of
copyright materials
 6 standardised licences
 available in plain english (summary), legalese and
machine-readable versions
 Each licence grants a general permission 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 conditions

Standard CC Conditions of use
Attribution (BY) – attribute the author, and no false
attribution [Mandatory]

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

Baseline Terms
 Attribution – Name of author and other Attribution
parties, Copyright Notice, Title of the work and
Licence URL, Identify changes made (where
applicable)
 No suggestion of endorsement
 Keep notices that refer to Licence or Disclaimers

http://creativecommons.org/choose/

Machine-readable code

http://creativecommons.org/choose/

http://creativecommons.org/about/downloads/

http://wiki.creativecommons.org/Marking/Creators#Marking_Specific_Media

Attribution
 “In a manner reasonable to the medium you are using”
 Copyright Notice, Creator’s Name, Other Attribution
Parties, Licence (URL/hyperlink), Source and Title of
Work (URL/hyperlink)

Noncommercial
 Clause 1 Attribution-Noncommercial-Share Alike 3.0
Australia – “Commercial” means primarily intended
for or directed towards commercial advantage or
private monetary compensation.

Noncommercial Study
 CC has released guidelines and done a recent study on
the meaning of this term. There are some clear cases of
what is non commercial – private and domestic use –
and some clear cases of commercial use – corporations
using the material to gain revenue.

 Defining “Noncommercial”: A Study of How the Online
Population Understands “Noncommercial Use,
http://wiki.creativecommons.org/Defining_Noncomm
ercial

Adam Curry v Audax (2006)
 Photos from Flickr published in a magazine sold
commercially – Netherlands
 Court said no permission and no licence to use the
photos - as this was commercial use

No Derivative Works
 Clause 1 Attribution-No Derivative Works 3.0 Australia
– “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.

No Derivative 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…
 …except that a Collection will not be considered a
Derivative Work for the purpose of this Licence.

Share Alike
 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

Share Alike
 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)

Permission for Copyright Only
 Do other rights need to be cleared?
 Issue over photos
 See Chang v. Virgin Mobile USA, LLC, 2009 WL 111570
(N.D.Tex. January 16, 2009)

How do people use CC?
 Licensing out – distributing your work under a CC
licence - e.g.
 Repositories – Wikipedia, Flickr, YouTube
 Institutions/Organisations – ABC, Al Jazeera

 Licensing in – use CC as a resource – e.g.
 use of CC licensing scream in Children of Men a
Hollywood film
 students in university using CC material in their projects

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.)

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

 2010 Federal Budget
Papers licensed under CC
Attribution 2.5
Australia
 2011 and 2012 Federal
Budget Papers under CC
Attribution 3.0 Australia

http://www.parliament.qld.gov.au/

 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/

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

 http://en.wikipedia.org/wiki/History_of_the_Internet

 May 2012 – 3 months on
 http://toolserver.org/~magnus/baglama.php?group=Files+from+the+Australia
n+Broadcasting+Corporation&date=201205

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

CC licensed material

 Creative Commons, The Power of Open, available at http://thepowerofopen.org/,
licensed under CC BY, http://creativecommons.org/licenses/by/3.0/.

200 million of 6 billion photos
licensed under CC
http://www.flickr.com/creativecommons/

Generic 2.0 ‘Self-conscious robot’ by NASARobonaut (Kris Kehe), http://www.flickr.com/photos/nasarobonaut/5161876882/

Photos  Flickr
 Browse
http://www.flickr.com/creativecommons/
 Advanced search
http://www.flickr.com/search/advanced/
 Flickr-Storm
 http://www.zoo-m.com/flickr-storm/
 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/search/advanced/

http://www.zoo-m.com/flickr-storm/

http://labs.ideeinc.com/multicolr/

http://labs.ideeinc.com/multicol
r/

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’

Video
 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

http://wiki.creativecommons.org/Publish

http://wiki.creativecommons.org/Content_Directories

http://www.google.com.au/advanced_search

 Always check the usage rights
 Do not assume that the search filters are perfect

Attribution
1. Title of Work (if provided)
2. Creator’s Name or Other Attribution
Parties
3. Source of Work (URL/hyperlink)
4. Copyright Notice, Licence
(URL/hyperlink)
5. Changes to the source work (if any)

Attribution
Who

What

Where

Attribution
Who is the author/creator?

What CC licence is it available
under?
 What is the name of the work?
 What changes have been made?

Where can you find it?

Attribution
• “In a manner reasonable to the medium you
are using”

 If you were the copyright owner, how would you wish
to be attributed?

Source URL

Licence + URL Creator’s
name/pseudony
m (nickname)
http://www.zoo-m.com/flickr-storm/

http://www.flickr.com/photos/35468148654@N01/509789392

Attribution
 Image: crop of SparkFun by Jared Tarbell
<http://www.flickr.com/photos/35468148654@N01
/509789392> available under Creative Commons
Attribution (CC BY) 2.0 Generic licence
<http://creativecommons.org/licenses/by/2.0/dee
d.en>.

[Who] Creator’s name
d.en>.

[What] Licence + URL
d.en>.

[What] Title
d.en>.

[What] Changes
d.en>.

[Where] Source of work (URL)
d.en>.

CC Australia
 More information at www.creativecommons.org.au
 Twitter: @ccAustralia
 Facebook: http://www.facebook.com/ccAustralia

Bios
 Professor Anne Fitzgerald
 Publications:
http://eprints.qut.edu.au/view/person/Fitzgerald,_Anne.html
 Twitter: @AnneMFitzgerald

 Cheryl Foong
 Publications:
http://eprints.qut.edu.au/view/person/Foong,_Cheryl.html
 Twitter: @cherylfoong

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Notes de l'éditeur