Last month, I had the honour of providing a keynote address and two workshops at a teacher conference at Northcote College1, on the North Shore of Auckland, New Zealand.
Like many schools, Northcote is in the process of developing an overarching digital citizenship policy for staff, students, and the wider community. This policy is likely to include – alongside other issues like safety, privacy, research and integrity – a commitment to Creative Commons licensing.
If Northcote College does adopt a Creative Commons policy, they will join between fifty and one hundred New Zealand schools that have decided to formally give permission for teachers to share resources using a Creative Commons licence, with a preference for CC BY and CC BY-SA.
The policy is designed to address the fact that, under Section 21 of the 1994 Copyright Act, the first owner of copyright works made by New Zealand teachers in the course of their employment is their employer – namely, the schools governance board, known as the ‘Board of Trustees’ (BoT).
This means that teachers who share resources they make are legally infringing the school’s copyright – even when they are sharing with other teachers in the New Zealand state education system.
We’re advocating two solutions to this problem. First, we think every school in New Zealand’s pre-tertiary education system – all 2,500 of them – should pass a Creative Commons policy. This policy allows – and encourages – teachers to share their resources with other teachers under a Creative Commons licence.
Second, we think that teachers should adopt practices of finding, adapting, and sharing open content into their workflow. This will give teachers more confidence and flexibility when re-using third-party resources, and provide more resources for other teachers to build on and reuse.
We’ve been working at this for a couple of years now, spreading the word to the many groups working in the sector, including teachers, principals, Boards of Trustees, unions, disciplinary associations, public agencies, and other NGOs.
It’s been a long campaign, but we’re starting to make real progress. We’re giving an average of forty talks and workshops per year to the education sector, and we’re currently looking for ways to scale this work to meet the needs of every school in the country. This will become increasingly important as new resource sharing platforms – such as the crown-owned Network for Learning’s Pond – begin to take off.
The other challenge is to follow the lead of other CC affiliates, such as Poland, and help open up works produced or contracted by the Ministry of Education. There are signs that more of these resources will be openly licensed.
The adoption of open policy in schools coincides with similar moves in the local heritage and research sectors, and follows the continuing integration of CC licensing in central government. While there is still plenty to be done, it appears as if open licensing is on the verge of becoming mainstream across New Zealand’s public institutions – which is definitely good news for the global commons.Comments Off
As research communities worldwide look for new ways to make the scientific process and its data and results more open and participatory, New Zealand is showing us how it is done.
In July 2010, The New Zealand Government Open Access and Licensing framework (NZGOAL) approved by the Cabinet provided guidance for agencies to follow when releasing copyright works and non-copyright material for re-use by others. NZGOAL seeks to standardise the licensing of government copyright works for re-use via Creative Commons New Zealand law licences and recommends the use of ‘no-known rights’ statements for non-copyrighted material.
Then in August 2011, the Declaration on Open and Transparent Government was also approved by the Cabinet whereby the government committed to actively release high value public data “to enable the private and community sectors to use it to grow the economy, strengthen the social and cultural fabric, and sustain the environment… to encourage business and community involvement in government decision-making.”
And earlier this month in December 2012, a report of the Education and Science Committee presented to the House of Representatives of the 50th Parliament an Inquiry into 21st century learning environments and digital literacy. Among its recommendations were that the Government:
- review the intellectual property framework for (NZ) education system to resolve copyright issues that have been raised, including considering Creative Commons policy.
- consider the advantages and disadvantages of whether all documentation produced by the Ministry of Education for teaching and learning purposes should be released under a Creative Commons licence.
In keeping with this spirit, a group of researchers committed to bringing an Open Research conference to Australia and New Zealand are organizing a three day event February 6-8, 2013 in Auckland.
The purpose of this conference is to explore new, open models of research that speed up the effective transfer of research results and improve economic, environmental and social impacts. A growing community of researchers around the world are investigating new commercial and academic models to enhance the reach of their research. These new ways of doing research openly are akin to changes happening in the IT and business world, where open innovation has enabled people to achieve more together than they ever could alone.
Creative Commons plays a key role in promoting openness in science. Events such as this one in Auckland demonstrate the concern about open science that the community shares with Creative Commons. In the end, only good things can come out of openness, sharing and broad participation. Creative Commons is very pleased to see this event take place, and wishes it utmost success.Comments Off
While we gear up for the CC Global Summit that is just a week away, governments around the world continue to open up their data and adopt policies for maximum transparency and citizen engagement.
Open government developments in Austria, New Zealand, and Australia
In Austria, the City of Vienna, along with the Chancellor’s Office and the Austrian cities of Linz, Salzburg and Graz, coordinated their activities to establish the Cooperation OGD (Open Government Data) Austria. In its first session, the group agreed to eight key points, the first of which was, "All public administration will be free under a Creative Commons Attribution License (CC BY 3.0), meaning it can be reused and shared for any purpose, with only attribution necessary.” Read more.
In New Zealand, the Ministers of Finance and Internal Affairs adopted a statement detailing a new Declaration on Open and Transparent Government that directs, encourages, and invites various departments, state services agencies, and state sector agencies to commit to releasing high value public data actively for re-use, in accordance with the Declaration and Principles, and in accordance with the NZGOAL Review and Release process. Read more.
In Australia, AusGOAL, the nationally endorsed Australian Governments Open Access and Licensing Framework, recommends the suite of CC licenses for copyrighted material and the CC Public Domain Mark for non-copyrighted material. Read more. CC Korea also recently translated the excellent Australia Gov 2.0 Taskforce Report to further open government in their own region.
In other news:
- $20,000 is available via the Open Textbook Challenge by the Saylor Foundation. If a textbook is submitted and accepted for use with Saylor.org's course materials, then the copyright holders receive $20,000 while the referrer receives $250.
- Our affiliates in Europe have published a new dossier on the EU sound recording copyright extension.
- We also filed brief comments for the EC consultation on scientific information in the digital age.
- In response to the Moore Foundation's call for community feedback, we developed this idea on Data Governance. We hope you participate and vote, and not just on our idea — participation in processes like this is a great way to increase their usage by foundations in making funding choices that can benefit the commons.
- The Technical Working Group is underway for the Learning Metadata Resource Initiative (LRMI). EdTechMag recently covered LRMI in this great article. To learn more, sign up for the first in a series of webinars on LRMI.
- We documented the present state of CC licensing options in a summary on CC Labs.
- And we updated our Kickstarter page with a couple new CC licensed projects seeking sustenance. Check it out, and let us know if you are using CC for a project with an upcoming deadline.
In the past few months, the Australasian region has seen several developments building on their commitments to open government.
Last week in New Zealand, the Ministers of Finance and Internal Affairs adopted a statement detailing a new Declaration on Open and Transparent Government. The Declaration has been approved by Cabinet, and directs all Public Service departments, the New Zealand Police, the New Zealand Defence Force, the Parliamentary Counsel Office, and the New Zealand Security Intelligence Service; encourages other State Services agencies; and invites State Sector agencies to commit to releasing high value public data actively for re-use, in accordance with the Declaration and Principles, and in accordance with the NZGOAL Review and Release process. More information on this statement can be found at the CC Aotearoa New Zealand blog.
NZGOAL, the New Zealand Government Open Access and Licensing Framework, is administered by Creative Commons Aotearoa New Zealand, and is a guide for those using the New Zealand Government Open Access and Licensing Framework, which “recommends the Creative Commons BY licence as a default licence when releasing government held content and data for reuse.” NZGOAL is under a default CC BY license. Success stories of implementation via this framework are documented at opendatastories.org.
Meanwhile, AusGOAL, the Australian Governments Open Access and Licensing Framework is nationally endorsed and administered by the Cross-Jurisdictional Chief Information Officers Committee, and “provides support and guidance to government and related sectors to facilitate open access to publicly funded information.” AusGOAL is also under a default CC BY license, while recommending the suite of CC licenses for copyrighted material and the CC Public Domain Mark for non-copyrighted material.
Much of this has already been roughly documented on our wiki page, Government use of Creative Commons. Please feel free to add to this page any missing use cases or details as they come up.
Lastly, we would like to leave you with another relatively recent development by CC New Zealand — this fun animation video explaining the CC licenses called, Creative Commons Kiwi.Comments Off
David Bollier writes in Viral Spiral, “Governments are coming to realize that they are one of the primary stewards of intellectual property, and that the wide dissemination of their work—statistics, research, reports, legislation, judicial decisions—can stimulate economic innovation, scientific progress, education, and cultural development” (192). The collection, creation and publishing of data has been increasingly central to government transparency and interaction with the public. Governments release datasets on census information, weather and geospatial data, food safety and product recall information, and data on foreign commerce and economic aid. In the United States there is now over 300,000 datasets made available to the public for consumption and innovative reuse via website mashups, mobile applications, and other uses.
Earlier this week open data and open government advocates gathered at the Department of Commerce in Washington, D.C. for the first International Open Government Data Conference. The purpose of the conference was “to gather the community of data owners, developers and policy makers from around the globe to share lessons learned, stimulate new ideas, and demonstrate the power of democratizing data.” The conference hosted a wide variety of speakers, including U.S. leaders like Chief Information Officer Vivek Kundra, Chief Technology Officer Aneesh Chopra, and Deputy Chief Technology Officer and Director of the Open Government Initiative Beth Noveck. There was also substantial international participation, including Sir Tim Berners-Lee, Director of the W3C and founder of the World Wide Web. Of particular interest to Creative Commons was the participation by Keitha Booth and Richard Best from New Zealand and Anne Fitzgerald and Trevor Smallwood from Australia. New Zealand and Australia have been leaders in using Creative Commons tools in sharing government information and datasets.
The open government movement has been building around the world. In the United States, the most recent catalyst of this work grew out of President Obama’s Memorandum on Transparency and Open Government, which described the overarching principles for government operation: transparency, participation, and collaboration. Obama’s memo lead to the development of the Open Government Directive, charging government agencies to 1) publish government information online, 2) improve the quality of government information, 3) create and institutionalize a culture of open government, and 4) create an enabling policy framework for open government. The United States government efforts are collectively called the Open Government Initiative. Open government data initiatives hinge on the theory that government data should be made available to the taxpayers who paid for its creation.
New Zealand presentations
Keitha Booth is the Program Leader of the Open Government Information and Data Programme in New Zealand. She talked about the New Zealand Government Open Access and Licensing Framework, or NZGOAL, for short. NZGOAL was developed as a solution to some of the problems the government encountered in sharing its information. NZGOAL recommends the Creative Commons Attribution (CC BY) license by default for works under Crown Copyright and also incorporates “no-known rights” statements for materials free of copyright. Keitha also talked about data.govt.nz, a directory of publicly-available, non-personal New Zealand government datasets. That site is licensed CC BY.
Richard Best, New Zealand Solicitor of Government Technology Services in the Department of Internal Affairs, spoke about the process behind the adoption of NZGOAL. Through consultation with various agencies, Richard discovered that policymakers and staff needed guidance on key aspects of copyright and wanted explicit procedures about how to implement the open licensing framework. He described that while the NZGOAL policies are not mandatory, cabinets and agencies must familiarize themselves with the process. Richard mentioned that while NZGOAL default license is CC BY, other Creative Commons licenses are allowed as long as agencies can justify the additional licensing conditions.
Anne Fitzgerald is Professor in Law Research at the Queensland University of Technology Law School. Anne spoke about the importance of managing rights in the process of opening up government data, and described how the Australian government leverages Creative Commons licensing in its open government framework. At the outset, Anne noted a key distinction between Australian and U.S. law. While works created by the United States Government are free of copyright restrictions within the U.S., the Australian government asserts Crown Copyright over the works it creates. This applies to informational works, research reports and databases, cultural materials, and other public sector information (PSI). Professor Fitzgerald said that the advantages of using Creative Commons licenses are aligned with the government’s recognition of copyright in the materials it creates, while at the same time supporting its open access policy objectives and avoiding financial and technical locks around taxpayer-funded resources.
Trevor Smallwood, Assistant Secretary of Cyber-Security in the Australian Government Information Management Office, spoke about some of the open government and open data initiatives in Australia that leverage Creative Commons licensing. For instance, the Australian Department of Finance and Deregulation releases the budget, government briefs, and data.gov.au content under the Creative Commons Attribution (CC BY) license. Other initiatives such as the Polar Information Commons, Department of Broadband, and Australian Parliament use open licensing too.
Keitha and Trevor’s presentation slides can be downloaded at the conference site or directly (PDF) here. Anne’s presentation slides can be downloaded at the conference site or directly (PDF) here. Richard’s presentation is available here.
We’ve been reporting on how governments have been demonstrating leadership in openness with Creative Commons. In addition to the New Zealand and Australia projects mentioned above, we’ve been collecting other examples on our wiki of how countries and intergovernmental organizations are adopting open licensing and public domain tools to provide increased access to government information and other public sector information. If you know of other initiatives, please add them to this wiki page.Comments Off
At the beginning of this year we announced a revised approach to our education plans, focusing our activities to support of the Open Educational Resources (OER) movement. In order to do so we have worked hard to increase the amount of information available on our own site – in addition to a new Education landing page and our OER portal explaining Creative Commons’ role as legal and technical infrastructure supporting OER, we have been conducting a series of interviews to help clarify some of the challenges and opportunities of OER in today’s education landscape.
One major venue for the advancement of OER is through policy change at the local, state, federal, and international levels. As such, we recently caught up with Wayne Mackintosh. Wayne is the Director of the International Centre for Open Education based at Otago Polytechnic in New Zealand, member of the Board of Directors of the OER Foundation, and founder of the WikiEducator project. In our interview with Wayne, we discussed Creative Commons and openness as a “competitive advantage” to closed systems, how OER “levels the playing field” through open licensing and file formats, and New Zealand’s unique context and approach to teacher empowerment and experimentation using OER.
Can you explain your role and how these organizations are tied to the mission of open education in New Zealand and internationally?
I’m an educator – by choice. I have spent the majority of my career in the academy, but started life as an accountant. Realising that I would not be able to spend forty years of my life pushing numbers around, I made a career change and decided to follow my vocation and become a teacher. The act of teaching is fundamentally about sharing knowledge. OER embodies the purpose of teaching and is today’s most compelling manifestation of the core values of education in a digital world, that is, to share knowledge freely.
WikiEducator is by far the most rewarding project of my professional career. I founded the WikiEducator prototype in February 2006 as a social software experiment for educators to collaborate on the development of open source teaching materials. WikiEducator’s formative years were nurtured by the Commonwealth of Learning (COL), an intergovernmental organisation created by Commonwealth Heads of Government to encourage the development and sharing of open learning/distance education knowledge, resources and technologies. Today, WikiEducator is a flagship project of the OER Foundation. As a philanthropic organisation, the OER Foundation is responsible for raising and administering the funds for the purpose of supporting the adoption and implementation of OER for the benefit of education institutions and the learner communities they serve. The OER Foundation also maintains the technical and operational infrastructure of the WikiEducator community in accordance with the policies approved by the open WikiEducator Community Council. In short the OER Foundation is nurturing the development of sustainable ecosystems for the OER movement.
In our search for fertile ground to host the headquarters of the OER Foundation, we decided on a global leader in Open Education, Otago Polytechnic in Dunedin, New Zealand. Otago Polytechnic is the first New Zealand tertiary education institution to sign the Cape Town Open Education Declaration, the first tertiary education institution in the world to approve and implement an intellectual property policy that by default uses the Creative Commons Attribution license. Otago has an institutional commitment to education for sustainability embodied in their strategic plan. Otago Polytechnic is serious about collaboration and sustainable OER futures, as demonstrated by the Council’s decision to establish the OER Foundation as an independent entity rather than hosting yet another institution-based project.
It is not easy for smaller institutions to reap the benefits of reducing the costs of provisioning and participating in global OER networks due to the inertia of getting open content projects started. The OER Foundation provides a viable and effective solution for education institutions to stake their claim in OER, to test the open education waters and derive immediate benefits while contributing to the global sustainability of education.
How do you see the role of Creative Commons within the OER movement? How can CC help?
Creative Commons is the air that the OER movement breathes. It is the legal enabler that eases the complexities of intellectual property in education, helping us move from a restrictive culture to a free culture. Creative Commons fuels the efficiency and effectiveness of the OER movement by avoiding redundancy and unnecessary duplication of legal tools that facilitate collaboration in education.
As the OER landscape evolves, I believe the nodes in the free culture network should focus their energies on core competencies and prioritise areas of collaboration where collective effort enables each initiative to better achieve their own objectives. For example, education is not the core business of Creative Commons, however educating users on making informed choices with regard to Creative Commons licenses is potentially a productive area of mutual collaboration among mainstream OER projects and Creative Commons. Similarly, the OER Foundation is not necessarily well positioned to provide solid legal advice on intellectual property issues in education. Creative Commons could, for instance, leverage its networks to establish a global network of pro bono legal counseling services, or develop an array of draft intellectual property policies published as OER that can be reused and remixed by education institutions around the world. In this way, all projects benefit from the core expertise and tacit knowledge of our respective organisations.
In responding to these needs, the OER Foundation has launched the CollabOERate project. CollabOERate is the OER equivalent of research and development (R & D) for new “product” design in open content and open education. CollabOERate is an “OER remix” of industry’s “co-opetition” model where individual OER projects agree to collaborate on areas that allow them to “compete” better for their own sustainability and attainment of their own strategic objectives.
The uncharted territory, and arguably the biggest point of difference for OER lies in the remix. The open education movement is yet to master the remix, but I concede that this is a challenge riddled with complexity. At the OER Foundation we subscribe to free cultural works licensing. These licensing schemes provide legal compatibility for the essential freedoms and also provides a commitment to ensuring access to source files using open file formats. In this way, no educator is restricted from participating in the OER remix because they have to purchase software licenses or sacrifice their freedoms in software choices.
Creative Commons licenses do not cater to the challenges associated with open file formats or digital rights management. Perhaps the free culture movement can learn from our industry counterparts. Today, a growing number of chocolate manufactures apply the “Fair Trade” logo on their products, communicating to the consumer that they pay cocoa producers a fair living wage. Similarly, most processed food items we purchase at the grocery store supply the details of the ingredients used in the manufacturing of the product. Clearly there are degrees of openness in digital OERs, and I believe the OER movement should work toward consumer awareness and branding of our OER artefacts, particularly insofar as free cultural works licensing and open file formats is concerned. In a similar vein I think we should be doing more in educating users on the implications of their license choices, most pertinently in relation to Creative Commons licensing. We can collaborate with mainstream projects in the free culture community to help in this work.
The precondition for building sustainable OER ecosystems lies in our distinctive “competitive advantage” when compared to closed systems. Our advantage is openness. Effecting real social change is facilitated through open philanthropy where we focus on achieving our respective aims through the principles of openness, transparency and networked collaboration. At the OER Foundation we believe in radical transparency and all our planning documents, projects and funding proposals are developed openly in WikiEducator, using Creative Commons licences. This has worked very well for us and we encourage all non-profits working in the open education space to do the same. This will reduce duplication of effort and scale our growth and success in the free culture movement by an order of magnitude in ways that simply cannot be replicated through traditional closed approaches.
“There’s a trend going around the world for open data,” says Mark Harris, former manager of web standards at the New Zealand State Services Commission and co-organizer of Wellington’s recent Open Govt Data Barcamp and Hackfest.
He’s right, and New Zealand is certainly trailblazing. Last week, Creative Commons New Zealand reported that their national government released an open access and licensing framework draft (NZGOAL) for public feedback:
The framework will enable greater access to many public sector works by encouraging the New Zealand State Services agencies to license material for reuse on liberal terms, and recommends Creative Commons as an important tool in this process.
The release of NZGOAL is part of the Open Government Information and Data Re-use Project led by the State Services Commission. To get involved, join the official discussion page, contact CC New Zealand, or catch up with the Open Government Ninjas.
In other cool open gov news, New Zealand start-up Koordinates has become the online publication point for the Ministry for the Environment‘s Land Cover Database and the Land Environments New Zealand classification, released under CC BY.
Want to learn more?
Creative Commons curates a wiki listing of governmental license usage worldwide, plus a table on the public sector information laws in various jurisdictions and case studies from key government adopters. If you know of other examples, please help us document them by using the resources above or leaving a comment. Thank you!2 Comments »