[OSGeo-Edu] Legal issues that should be addressed when creating open content

[Seven (aka Arnulf)]

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Simon,
thanks for your input, this is very helpful. I copied your mail to the
discussion of the licensing page in the OSGeo Wiki [1], [2] which gives
an introduction to the topic but was not updated lately. It would
probably be a good idea to integrate your comments with whats there.
Please feel free to take a stab at it.

Once tidied up we should make sure that the page is well linked so that
folks can easily find it.

Best regards,
Arnulf.

[1] http://wiki.osgeo.org/wiki/Licenses_for_Education_Material
[2] http://wiki.osgeo.org/wiki/Talk:Licenses_for_Education_Material

On 19.07.2011 04:46, Simon Cropper (The fosGIS Workflow Guides) wrote:
> Hi Everyone,
> 
> Over the last few weeks I have been debating about copyright and
> licensing of open content released on the OSGeo LiveDVD, with that group
> (live-demo at lists.osgeo.org).
> 
> They agreed on a licensing model - that is, CC-BY for Project Overviews
> and CC-BY-SA for Quickstarts. Although I don't necessarily agree with
> the use of CC-BY license (for philosophical reasons), I respect the
> group for grappling the issue and settling on a proposed licensing regime.
> 
> As part of the process I have released some guidelines on how to address
> issues of copyright when creating open content. The text from that email
> is reproduced for your benefit below...
> 
>            *** EMAIL TO Live DVD MAIL LIST ***
> 
> I thought I would articulate some basic concepts and list some links
> that I have uncovered in my investigation, with the hope that they might
> be of use for others.
> 
> Point 1. All material used in a document needs to be either:
> a. original work (not necessarily original ideas, just original
>    ways of presenting these ideas);
> b. drawn from the source material licensed under an
>    appropriate Creative Commons licence (see Point 2 & 3);
> c. in the public domain;
> d. material you have obtained permission from the copyright owner
>    to use; or
> e. meet the definition for fair use or fair dealing
> 
> Point 2. Creative Commons licenses are *not compatible* with any other
> Open Content licenses. This means, for example, you can not legally
> incorporate documents published under a GNU Free Documentation License
> into your work [1]. So don't use material under different licenses
> without first getting the written permission to use it. The Creative
> Commons Search Tool [2] provides one means of finding websites
> containing material licensed with a Creative Commons license or in
> the Public Domain.
> 
> Point 3. Not all Creative Commons licenses are compatible with each
> other. For example CC-BY-SA works can not be used to create CC-BY
> derivatives. Check out the following matrix to establish if a license is
> compatible[3].
> 
> Point 4. Works marked as being in the Public Domain may not be in all
> jurisdictions and consist of two types of material: (1) those works
> where copyright has expired like old books, or (2) contemporary works
> where someone has relinquished their rights like the CC0 license. Care
> needs to be taken when utilising such works to ascertain if they are
> totally free of copyright in countries where your work is to be used. [4]
> 
> Point 5. When using works where you have had to obtain permission,
> clearly articulate that you have done so by including
> *text right next to the material used* that states
> "(c) {copyright owner}. Use with permission, {date}"
> 
> Point 6. Fair use is defined in legislation. Check out the local
> copyright act in the country you publish the work and the possibly also
> the countries where your work is being downloaded. As a guide; (1)
> include only small parts of the source material in your work and enclose
> it in quotes, and (2) cite the source. Direct cutting-and-pasting a
> variety of documents together to create a derivative
> *is not* fair use. As an example, the Australian Copyright Act 1969
> states that the act of reproducing *small amounts of a work* represents
> 'fair dealing' if it is for the purpose of research or study [5],
> criticism or review [6], parody or satire [7]; or reporting news [8].
> 
> Point 7. *Citing source material is professional courtesy*. Although you
> may not actually copy the work of others (and therefore copyright is not
> relevant), most documents represent the sum of knowledge on a particular
> topic. *It is professional courtesy* to cite the source of the ideas
> expressed in the document, paragraph, sentence, table, etc. This can be
> done with a generic statement at the start of a document or right next
> to where the idea is presented. There are many bibliographic tools
> available that allow for this process to be quickly and seamlessly done.
> 
> Point 8. *Audit yourself*.
> - Disassemble your document.
> - List every element and ask yourself
>   - is this mine or
>   - is it the work of someone else.
>     - If it belongs to someone else, have you cited the source
>       and ensured that the material is appropriately licensed.
>     - If the work is not appropriately licensed,
>       - have you sought and received permission from the
>         copyright owner to use the work. If so have you clearly
>         shown this in the text.
>       - Alternatively, does the use of the work fall under fair
>         use or fair dealing provision of the copyright legislation
>         of the  countries where the work is published and/or
>         publicly available?
> Only after you complete this process and all source material checks out
> can you then release the work without being in breach of copyright.
> 
> 
> [1]
> http://en.wikipedia.org/wiki/GNU_Free_Documentation_License#Compatibility_with_Creative_Commons_licensing_terms
> 
> 
> [2] http://search.creativecommons.org/
> 
> [3]
> http://wiki.creativecommons.org/FAQ#If_I_use_a_Creative_Commons-licensed_work_to_create_a_new_work_.28ie_a_derivative_work_or_adaptation.29.2C_which_Creative_Commons_license_can_I_use_for_my_new_work.3F
> 
> 
> [4] https://creativecommons.org/publicdomain/
> 
> [5] http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s40.html
> 
> [6] http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s41.html
> 
> [7] http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s41a.html
> 
> [8] http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s42.html
> 


- -- 
Exploring Space, Time and Mind
http://arnulf.us
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