Copyright and Licencing primer

ANDS supports the licensing approach of AusGOAL as it provides a standard and consistent approach which makes it easy for those wanting to re-use data to understand the conditions around data re-use.

ANDS holds periodic webinars on the subject of licensing and the most recent is also available on video. We also offer, through AusGOAL, a consultancy service for those seeking advice on licensing issues. Baden Appleyard, Program Leader of AusGOAL, can be contacted at b.appleyard@ausgoal.gov.au

International versus Australian copyright law

The Australian Copyright Act incorporates the concept of moral rights. It is not possible to give away your moral rights. Under Australian law, it is not possible to extinguish copyright, but it is possible to abandon it.

Who owns IP in data?

Only the owner of the data should assign a licence. In Australian universities there is the issue of who owns the data. ANDS have recently done a review of university IP policies and it is fairly clear that in most universities, copyright in data is held by the university and not by the researcher (unless a student). If the university owns the data, it follows that the university needs a policy about how its data is to be licensed and made available, who makes that decision and what licensing is appropriate.

Can Creative Commons 0 CC0 be used, or is CC BY 3.0 more appropriate?

It is open to question as to whether CC0 is compatible with Australian copyright law. The issue is whether CC0 is prematurely extinguishing copyright or abandoning it. As yet there is no definitive answer to that question, although AusGOAL is arguing that it is the latter. By allocating a CC0 licence, you are giving away the copyright which is bundled with moral rights and this is unlikely to compatible with Australian law. Before advocating the use of CC0, you should check out:

• who owns the copyright in the data?
• who has the authority to apply a licence?
• what kind of licence should be applied?

Using an Auatralian CC BY 3.0 licence does not conflict with our copyright law in this way.