Professor Brian Fitzgerald Australian Catholic University 15
June 2012
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Copyright General rule = You need permission/licence to
exercise exclusive economic rights of copyright owner unless the
law provides otherwise
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Creative Commons is About copyright A copyright licence Cannot
exist without copyright
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Creative Commons is A new way of managing copyright Emblematic
of a freedom to share our own copyright (Why share? leads to better
outcomes/innovation? other motives?)
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Creative Commons is not Anti-copyright A copyright abolitionist
movement
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Background Based on the free software and open source software
(FOSS) copyright licences like GNU GPL and BSD Free as in speech
not free as in beer GNU GPL Richard Stallman licence use of and
share source code = human readable - on the condition that if you
use my code and distribute it you must share modifications
(improvements?) with the recipient (community?) called
Copyleft
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How does CC work? CC is a permission to use (reproduce,
distribute and publicly perform) copyright material literary,
dramatic, musical, artistic works, films, sound recordings,
broadcasts and published editions On certain conditions
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Key Terms Mandatory - Attribution (BY) Optional Noncommercial
(NC), No Derivatives (ND), Share Alike (SA) ND and SA cannot be
used together
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Licences BY BY-NC BY-SA BY-ND BY-NC-SA BY-NC-ND
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Licences
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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
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Baseline Terms No terms limit permitted use of material and No
TPM applied Need Permission for Acts Beyond the Licence Given
Licence Specific Restrictions NC, ND, SA Fair dealing still exists
Moral rights still exist
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Wikipedia Flickr YouTube
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2010 Federal Budget Papers licensed under CC Attribution 2.5
Australia 2011 and 2012 Federal Budget Papers under CC Attribution
3.0 Australia
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Attribution
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In a manner reasonable to the medium you are using Copyright
Notice, Creators Name, Other Attribution Parties, Licence
(URL/hyperlink), Source and Title of Work (URL/hyperlink)
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Noncommercial
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Clause 1 Attribution-Noncommercial-Share Alike 3.0 Australia
Commercial means primarily intended for or directed towards
commercial advantage or private monetary compensation.
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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
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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
