[open-government] Guidelines and information on licensing mashed data from various sources

Wed Feb 15 03:03:00 UTC 2012

In response to Martin Kaltenboeck's question regarding licensing of data and information that is mashed up from various other sources.

To answer the question requires a basic understanding of copyright law and licensing practices, in the country where you are located as well as other countries where you are publishing the (new) mashed data or information product.  Working out what you can and cannot do is usually not so difficult if you take a step-by-step approach to working out what rights exist in the materials you want to use and what you can and cannot do with them.  However, each country's laws vary slightly, so you need to obtain a primer on copyright law and practice in the country/countries where you are operating, or to talk to a copyright/licensing lawyer for whom this is be relatively straightforward. (This is advisable if you are operating commercially.)

In Australia, as part of our work with Creative Commons Australia and through various other projects (including GILF, Government Information Licensing Framework, which developed the licence chooser used in AusGOAL) we have developed guides which have been found to be very helpful, particularly to non-lawyers in working their way through exactly the kinds of questions Martin has raised.

I would refer you firstly to our guide "Creative Commons and Government", along with its various simplified fact sheets and flow charts which provide practical assistance in approaching copyright and licensing questions.  See http://eprints.qut.edu.au/38364/  This guide deals with the current ported version of the Australian CC licences (version 3.0).  (For more general information about CC in the government sector, see http://creativecommons.org.au/sectors/government.)

However, it is always important to keep in mind that, as well as copyright and database rights, there are several other kinds of interests that can exist in data and informational works.  These other rights need to be taken into account when doing any remixing or mashing, particularly when the new product is going to be distributed publicly, and even more so if it is going to be provided on a commercial basis.  Another guide that we produced a few years ago deals with this broader range of issues and emphasises the importance of developing a data managment strategy or policy so you can identify and manage the various (copyright and other) rights in data.  See http://eprints.qut.edu.au/14923/1/Microsoft_Word_-_Practical_Data_Management_-_A_Legal_and_Policy_Guide_doc.pdf

These materials are developed in an Australian context, so do not represent the law in Austria or other countries (nor does the AusGOAL licence chooser).  So, they should be used with caution.  I am sure that there are Austrian/other European materials available that are similar to the ones we have produced.

regards
Anne

Professor Anne Fitzgerald
QUT Law Faculty
Creative Commons Australia
am.fitzgerald at qut.edu.au
+ 61 + 7 + 3138 7695

________________________________________
From: open-government-bounces at lists.okfn.org [open-government-bounces at lists.okfn.org] On Behalf Of open-government-request at lists.okfn.org [open-government-request at lists.okfn.org]
Sent: Tuesday, 14 February 2012 10:00 PM
To: open-government at lists.okfn.org
Subject: open-government Digest, Vol 24, Issue 13

Send open-government mailing list submissions to
        open-government at lists.okfn.org

To subscribe or unsubscribe via the World Wide Web, visit
        http://lists.okfn.org/mailman/listinfo/open-government
or, via email, send a message with subject or body 'help' to
        open-government-request at lists.okfn.org

You can reach the person managing the list at
        open-government-owner at lists.okfn.org

When replying, please edit your Subject line so it is more specific
than "Re: Contents of open-government digest..."

Today's Topics:

   1. Re: Question regarding open gvt in justice institutions
      (Sandra Elena)
   2. Re: Question regarding license issues with mashed up data
      from several sources using several licenses (Baden Appleyard)
   3. PMO Leaders Conference on Parliamentary Transparency, April
      30-May 2, Washington, DC (Andrew G. Mandelbaum)

----------------------------------------------------------------------

Message: 1
Date: Mon, 13 Feb 2012 15:01:04 -0300
From: Sandra Elena <san_elena at hotmail.com>
Subject: Re: [open-government] Question regarding open gvt in justice
        institutions
To: <m.kaltenboeck at semantic-web.at>, <open-government at lists.okfn.org>
Message-ID: <SNT115-W56CBB27730F3003CB9B6C28F7F0 at phx.gbl>
Content-Type: text/plain; charset="iso-8859-1"

Dear all,

I am new in this group, so I briefly introduce myself. I?ve been working on transparency of public sector, particularly in justice institutions for the past 15 years. (Currently directing the Justice Program at CIPPEC- Argentina)

Does anyone know about succesfull experiences, if there are any guideline & info on open data and open government related to judicial institutions?

I would appreciate any reading suggestion, thank you

Sandra Elena

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/open-government/attachments/20120213/263fb8c4/attachment-0001.htm>

------------------------------

Message: 2
Date: Tue, 14 Feb 2012 08:18:51 +1000
From: Baden Appleyard <b.appleyard at ausgoal.gov.au>
Subject: Re: [open-government] Question regarding license issues with
        mashed up data from several sources using several licenses
To: Martin Kaltenb?ck <m.kaltenboeck at semantic-web.at>
Cc: open-government <open-government at lists.okfn.org>
Message-ID:
        <CA+ziCe7VTOJsgS09MW3i=hdC8Cbmkkx3A0N+jKv1qqQ7umKxhg at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

Hi Martin,

Im not sure if it may be of any assistance, but I have added a licence
chooser tool to the AusGOAL framework here:
http://www.ausgoal.gov.au/licence-chooser .  It may go some way to
addressing your question.  Its not perfect, and we are building a new one
right now,  but its designed to ask some base level questions about what it
is that you are licensing, and helps you identify the chacteristics of
nested material that has different copyright requirements. ie.. What
licence can you choose for your mashup.  It also has the functionality to
deal with a mashup that incorporates nested CC material.. eg... CC-BY
mashed up with CC-BY-NC...

If you are interested, I can let you let you know when the new version is
launched.

Kind regards,

Baden
________________
*Baden M Appleyard*
National Programme Director
Australian Governments Open Access and Licensing Framework (AusGOAL)
Level 18, Mineral House
41 George Street
BRISBANE, QLD, 4001
Map<http://maps.google.com/maps?q=41+George+Street,+Brisbane,+Queensland,+Australia&hl=en&ll=-27.473866,153.026386&spn=0.001299,0.005284&sll=-27.473862,153.026385&sspn=0.000723,0.001321&z=18&layer=c&cbll=-27.473862,153.026385&panoid=iVhPsQeG7SiQfJZY86aqsQ&cbp=11,48.36,,0,3.9>
Phone: +61 (0)7 3405 0377
Mobile: +61 (0)459 824 061
Linkedin: http://au.linkedin.com/in/badenappleyard

AusGOAL
Visit our Website <http://www.ausgoal.gov.au> | Subscribe to our
Blog<http://blog.ausgoal.gov.au> | Join
our LinkedIn Group <http://linkd.in/oq5L3u> | Follow Us on Twitter: @AusGOAL

2012/2/13 Martin Kaltenb?ck <m.kaltenboeck at semantic-web.at>

> Dear all,
>
> is there any guideline & info / experience available
> when mashing up data & information from several data sources
> that have different licenses / terms of use (no info about this)...
>
> So e.g. when putting together data from A) World Bank (that is free for
> re-use by terms of use),
> B) data.gov.uk (giving the Open Gov Data License - free to re-use by
> attribution)
> as well as C) another source that has a CC license and D) data that I have
> collected
> by myself via e.g. a questionnaire and D) data from a website that
> provides no clear
> terms of use information....
>
> 2 Use Cases to clarify:
>
> A) Publishing mashed up data & info from the given example sources above
> on a website
> called 'MashUp' (just an example title)
> Is it sufficient (legally) to mentioned the sources of every data set? And
> thats it?
>
> B) Providing these 'MashUp' again as a data set for further re-use (as
> e.g. XML or RDF)
> - Is there a guideline that for instance I am allowed to publish a certain
> range of data
> for further re-use without a restriction (as it is e.g. for music) etc.....
>
> Or: is the better approach to mention the original source & the original
> license per part of the
> 'MashUp' data - what could become a huge effort if using lots fo data
> sources....
> or becomes impossible because I have mashed too much and the original
> source becomes
> unable to mention exactly...
>
> Many thanks for support / infos / opinions - all the best - martin
>
>
> --
> Martin Kaltenb?ck, CMC
> Managing Partner, CFO
>
> Semantic Web Company (SWC)
> Mariahilfer Strasse 70 / 8
> A - 1070 Vienna, Austria
> Tel +43 1 402 12 35 - 25
> Fax +43 1 402 12 35 - 22
> Mobile +43 650 3905697
>
> http://www.semantic-web.at
> http://blog.semantic-web.at
> http://poolparty.biz
>
> LOD2 - Creating Knowledge out of Interlinked Data - http://lod2.eu/
>
>
> _______________________________________________
> open-government mailing list
> open-government at lists.okfn.org
> http://lists.okfn.org/mailman/listinfo/open-government
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/open-government/attachments/20120214/24fcf0e4/attachment-0001.htm>

------------------------------

Message: 3
Date: Mon, 13 Feb 2012 22:09:28 -0500
From: "Andrew G. Mandelbaum" <andrew.g.mandelbaum at gmail.com>
Subject: [open-government] PMO Leaders Conference on Parliamentary
        Transparency, April 30-May 2, Washington, DC
To: Open Government WG List <open-government at lists.okfn.org>,
        transparency-tech at googlegroups.com
Message-ID:
        <CAM_8-Pnh=zYZ5n0Q8x8cZ=pxqT0VT+m1HxjJKRa4H9_+7ibTcQ at mail.gmail.com>
Content-Type: text/plain; charset="iso-8859-1"

If you are having trouble reading this email, read the online
version<http://www.ndi.org/node/18544>
.
[image: NDI, Sunlight Foundation, Embassy of Mexico, World Bank Institute,
Red Latinoamericana por la Transparencia Legislativa, Mexican Cultural
Institute, National Endowment for Democracy]

SAVE THE DATE

PMO Leaders Conference on
Parliamentary Transparency and Networking

April 30 - May 2
Washington, D.C.

A *recently published
survey*<http://www.ndi.org/files/governance-parliamentary-monitoring-organizations-survey-september-2011.pdf>
of
parliamentary monitoring organizations (PMOs) by the *National Democratic
Institute* <http://www.ndi.org/> (NDI) and *World Bank
Institute*<http://wbi.worldbank.org/wbi/> (WBI)
identifies more than 190 PMOs that are monitoring the performance and
functioning of over 82 national parliaments. PMOs show great promise in
strengthening democratic governance. However, PMOs share a number of common
challenges, including a lack of parliamentary transparency. Increasing
opportunities for PMOs to share experiences and good practices can enhance
monitoring activities and strengthen the ability of PMOs to work
collaboratively to meet common goals.

To help provide a platform for cooperation among PMOs, the *Sunlight
Foundation* <http://sunlightfoundation.com/>, the *Latin American Network
for Legislative Transparency* <http://www.transparencialegislativa.org/>,
NDI, WBI, the *Embassy of Mexico in the United
States*<http://embamex.sre.gob.mx/eua/>,
and the *National Endowment for Democracy* <http://www.ned.org/> are
co-hosting a two-and-a-half-day conference in Washington, D.C., for global
PMO leaders. The conference seeks to foster discussion on international
strategies for improving access to parliamentary information on the
national level, including a transparency "pledge" for parliaments, which
would be available for comment on the *AGORA web
portal*<http://www.agora-parl.org/> in
advance of the conference. The conference also would provide an opportunity
for PMOs to share good practices for monitoring parliamentary transparency,
discuss collaborative ideas for addressing common challenges, and explore
engagement in international fora to raise awareness of PMOs and their work.

*For more information, please contact:*

Andrew Mandelbaum of NDI at *amandelbaum at ndi.org* <amandelbaum at ndi.org>
John Wonderlich of the Sunlight Foundation at
*johnwonderlich at gmail.com*<johnwonderlich at gmail.com>

Melissa Ortiz Mass? of the LALT Network at *melissa at fundar.org.mx*
Pablo Secchi of the LALT Network at *psecchi at directoriolegislativo.org*

*Limited scholarships to support travel costs may be available.
The conference language is English.*

--
Andrew G. Mandelbaum

Senior Program Officer, Governance
National Democratic Institute
Twitter: agm3dc
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.okfn.org/pipermail/open-government/attachments/20120213/7b13ba4d/attachment-0001.htm>

------------------------------

_______________________________________________
open-government mailing list
open-government at lists.okfn.org
http://lists.okfn.org/mailman/listinfo/open-government

End of open-government Digest, Vol 24, Issue 13
***********************************************