jess's blog

CCau Animations

jess — Sun, 20 Apr 2008 20:06:49 -0500

CCau has created two animations for QUT Smart Train, the Queensland University of Technology's outreach project, which travels around Queensland every two years to highlight the great work being done at the university.

Both animations star the fabulous Mayer and Bettle, CCau's favourite advocates, with the second featuring a cameo by newcomer Flik. They aim to provide a fun and accessible explanation of Creative Commons. The first focuses on the basics of what Creative Commons is and how it works, while the second provides a bit more detail about using the CC licences for your own work.

Both are, of course, available under CC licences that allow you to distribute and remix them - so spread the word and see what you can do with them. You can watch them below, or for more details, different formats or source materials go to their dedicated pages:

* Mayer and Bettle
* Mayer and Bettle: the sequel

Powerhouse update

jess — Wed, 16 Apr 2008 23:12:09 -0500

Sailing on a Sunday Morning
by magical-world CC BY-SA

Yes, that's right - we've got an update on the Powerhouse Museum's foray into the Commons on Flickr already.

As part of their initiative to release out-of-copyright photos from their Tyrrell Collection on Flickr (see below), Powerhouse has just launched a new initiative - Tyrrell Today. It aims to extend the Powerhouse Museum’s set of images on The Commons by allowing members of the public to post contemporary images from the same Sydney-centric locations as the original Tyrrell photos.

And, excitingly for us, they're encouraging people to provide the photos under a CC licence, so that the Powerhouse can archive them as part of their ongoing collection.

Some of you might note that this is very similar to the Click and Flick project that the National Library has been running for the last couple of years, which allows people to add photographs to the national collection by uploading them to Flickr. However, PHM is making their initiative more interactive, by encouraging people to use the photographs to respond specifically to images from the original Tyrrell collection. People simply upload their photos onto Flickr, tag them with TyrrellToday, and then link to the original photo they're 'responding' to. PHM also adds a geographical dimension by providing a map for people to identify where their photograph is from.

It's great to see Australian institutions leading the world in using Web 2.0 technologies to help our national collections reach their full potential.

Australia's history now free, thanks to the Powerhouse Museum

jess — Wed, 16 Apr 2008 21:21:05 -0500

The Powerhouse Museum in Sydney made a fabulous announcement the other day - they have joined with the Commons on Flickr project as the first museum in the world to release publicly-held historical photographs for access on Flickr. PHM joins the US Library of Congress, the world's largest photo library, which released its first images for public access in January this year.

An initial 200 black and white images from the Powerhouse's Tyrrell Collection of Sydney life in the late 1800s and early 1900s were made available last Tuesday, with 50 more added since then.

The really exciting thing about this initiative is that the images are designated 'no known copyright restrictions', a new label for Flickr created specifically for this project. This means that the photographs are able to be re-used however you like, without any limitations or fear of copyright infringement - for commercial purposes, as part of a remix work etc. You don't even need to attribute (though it's still polite to).

This is one of the most publicised efforts by an Australian archival institution to release material in their collection that has fallen into the public domain for free re-use by the general public. And apparently it's been a roaring success. According to this blog post by PHM staffer Seb Chan, they've had over 20,000 views int he frst week, and hundreds of tags have been added.

And to further encourage public interaction with their collection, the PHM also publishes select images from its Photo of the Day blog under Creative Commons.

CC and Virgin Mobile

jess — Fri, 27 Jul 2007 02:27:24 -0500

Some of you have probably noticed news stories over the past week about Virgin's use of CC licensed photographs as part of an advertising campaign. Here are some thoughts floating around the CCau office about the case.

The basic story is that Virgin found photos on Flickr that had been licensed under CC licences, and used them in a series of billboard and web advertisements around Australia. The advertisements are essentially the photographs with captions written across them - which were often insulting to the people pictured in the photographs - and the tagline 'are you with us?'. Controversially, Virgin did not inform the photographers that they were using the images, or the people in the photographs.

There has been a lot of discussion online about the legal and ethical implications of the campaign. Some of the photographers have criticised the campaign. Some of the people captured in the photos (and in particular the brother of a 15 year old girl who was the subject of an insulting tagline) have also expressed displeasure. On the other hand, other photographers have come forward saying they approve of the campaign, and that this is why they CC license their photos in the first place.

From a CC standpoint, there are a few legal issues to consider. If the photographs Virgin used were licensed to allow commercial use and the company complied with any other licence restrictions (ie Attribution, No Derivatives, ShareAlike) this kind of use is almost certainly permitted under the CC model. However, there are some questions about whether Virgin has followed these steps. For example:

* At least one of the images Virgin used appears to currently be under a licence that doesn't allow commercial use - though it's not clear whether it was under a broader licence in the past.
* The same photo also has a ShareAlike requirement, and there's no sign of Virgin badging the billboards ShareAlike.
* It's questionable whether Virgin's attribution satisfies the CC requirements. They have included a link to the home page of the photographer's Flickr account in the bottom corner of both the billboards and the web versions of the ads, but they haven't directly named the photographer, linked to the photo itself, or referenced/linked to the CC licence the photo is under - all of which are the standard attribution required by the CC licence. Although the licence allows users to vary these requirements when it's 'reasonable', it can be argued that Virgin had no reason not to give greater attribution.
* There is also an argument (though probably a weaker argument) whether by adding captions that are insulting to the subjects Virgin has breached the moral rights of the photographers.

But public discussion of the issue has really focused on the question as to whether Virgin should have obtained model clearances from the people who are identifiable in the photographs. Although it seems to be industry practice to do so where a photograph is being used for commercial purposes, there is real question whether this is a legal requirement in Australia. Certain sections of the Trade Practices Act 1974 do appear to require consent before a company can imply that a person is endorsing or purchasing their product. However, these ads, with their deliberate 'amateur' style and sarcastic bylines, clearly don't imply such endorsement.

Nevertheless, some commentators have suggested that the failure to deal with the issue of model clearances represents a flaw in the CC licences. However, the licences make it very clear that they merely provide copyright permissions, and that they do not purport to deal with any other area of law. Due to the vast number of laws that can come into play when a person is using a copyright work (eg defamation, privacy, competition) it would be impossible for the licences, or the person issuing the licence for that matter, to definitively cover all potential legal issues in placing it releasing it for general use. There is arguably an onus on the person making use of the work to identify any laws their particular use might breach, and to make an effort to obtain any additional permissions that are needed - particularly if their use is large-scale and commercial.

But what this incidence has really highlighted is the ongoing difference of opinion as to the ethics of and motivations for CC usage. Some people have argued that this kind of use goes beyond the purpose of the CC licences. Even if they had no legal duty to do so, should Virgin have notified the photographers that they were planning on using their photos in such a widespread commercial campaign? This might have been a good risk management strategy, and would probably have helped them to avoid some of the public criticism they've received.

On the other hand, there is also an argument that this is exactly why CC has non-commercial licences - so that people can choose to share their material even with large corporations if they wish to, without requiring them to get extra consent. Hopefully those who are using the broader CC licences, like Attribution, understand this - but maybe, if they didn't, more explanatory materials are needed, to ensure that people only licence their material in way they will feel comfortable with.

Open Channel's Video-slam: call for registrations

jess — Sun, 15 Apr 2007 23:23:30 -0500

Interested in innovative film making online?

The Melbourne-based screen resources organisation, OPEN CHANNEL, is calling for expressions of interest from film, sound and video artists wanting to take part in its upcoming Video Slam.

The Video Slam will take place over 48 hours, from 10am Sunday May 13 to 8pm Monday May 14, and will provide an opportunity for individuals and teams to collaborate to create a 10 minute digital short from original content and content found on the Web. Most excitingly for us - the entire thing will be licensed under a Creative Commons licence.

The whole event is being run as an Arts Law Week workshop exploring the use of Creative Commons licences for the creation of original digital content. The idea is to explore the possibilities for innovation and collaboration in this new medium, looking at different ways a group of people can work towards a single whole - for example, a different editor may be used for each scene, or five composers scoring two minutes a-piece, or three actors performing the same part directed by four directors.

The event will be run out of Horse Bazaar, with the final product being screened on Monday May 14 in Melbourne’s community and arts hub, Federation Square, and made available on the Open Channel and EngageMedia websites.

If you have any kind of skill or interest in a relevant area (eg directors, technicians, performers, writers composers, production assistants) Open Channel wants you to get involved.

Do you have an opinion about copyright and Creative Commons? Well get online and share it!

jess — Sun, 15 Apr 2007 22:32:56 -0500

Vibewire, the Australian-based youth media non-profit, launched its 2007 e-Festival of Ideas today.

The e-Festival has been running for a few years now, in conjunction with National Youth Week. It’s a great initiative, which provides the opportunity for members of the public to come together with experts to discuss important issues of the day. And best of all, it all occurs online, so there are no registration fees or airfares. All you need is an internet connection and an opinion to get involved.

This year’s festival includes panels on climate change, multiculturalism and how to get arts funding - and one devoted entirely to Creative Commons. Elliott and I will be on the panel to answer questions, as well as a whole pile of industry experts such as DJ Spooky, Allison Fine from Demos and the team from EngageMedia.

So if you have something you’ve always wanted to say about Creative Commons, copyright or innovation in the digital era, get aboard and say it. Or even if you’ve just got questions - we still want to hear from you. Go on - have an opinion!

Terry Fisher: the Future of Entertainment

jess — Mon, 02 Apr 2007 01:38:49 -0500

Creative Commons Australia’s parent organisation, the Queensland University of Technology, recently hosted a visit by Terry Fisher, Hale Dorr Professor of Intellectual Property from Harvard Law School and Director of the Berkman Center for Internet and Society. As part of this visit Terry presented a lecture at the Queensland State Library on the Future of Entertainment.

This Podcast is now available for download as a podcast (under a Creative Commons Attribution-Sharealike licence, of course) here. It runs for about an hour, but is an interesting discussion of the effect of the internet on the entertainment industry from one of the world’s leading experts on the subject, and so is well worth checking out.

UNESCO Open Training Platform

jess — Wed, 14 Mar 2007 21:10:10 -0500

Creative Commons is now being endorsed by UNESCO - or at least its Communication and Information Sector.

Earlier this week, the UNESCO Communication and Information Sector officially launched its Open Training Platform. It aims to increase access to training and non-formal education resources that have been developed by a range of organisations, including the UN, development agencies and NGOs. It also aims to promote the open content movement and the use of open content licensing among contributors from these organisations, by providing information on and actively encouraging the use of open content licences - including the Creative Commons licences.

Open Content Licensing: Cultivating the Creative Commons

jess — Mon, 12 Mar 2007 01:56:29 -0500

It is my great pleasure to announce the publication of ‘Open Content Licensing: Cultivating the Creative Commons’, a collection of essays on open content licensing and the Creative Commons, edited by Creative Commons Australia’s own project lead, Professor Brian Fitzgerald.

Drawing on the proceedings of the QUT conference of the same name in early 2005, the book brings together papers by more than 30 leading experts, including CC founder Professor Lawrence Lessig and Futurist Richard Neville, on the internet, copyright and the importance of open access to knowledge, from an Australian perspective.

The book is available for purchase in hardcopy form from Sydney University Press. It is also available for download under a Creative Commons Australia Attribution-Noncommercial-No Derivatives licence from QUT’s ePrints Archive. Individual articles can be downloaded from the University of Sydney’s eScholarship Repository.

More information on the book and its contents is available from here

Barcamp Australia

jess — Tue, 16 Jan 2007 22:53:54 -0600

The amazing Barcamp initiative has finally made it to Australia. A Barcamp is (in the main wiki’s words) ‘an ad-hoc unconference born from the desire for people to share and learn in an open environment’. They’ve been around for the last couple of years and have been held at dozens, if not hundreds, of locations worldwide. They’re mainly aimed at free-culture and open-access enthusiasts, but everyone’s welcome, as long as they’re ready to give a presentation, run a session or contribute in some other way.

The first Australian Barcamps are scheduled to be held in Sydney, Adelaide, Melbourne and Canberra on 3-4 March, and should be an exciting chance to get to meet other people with common interests and exchange ideas. They’re looking for volunteers, too - sign up on the wiki.

Want to spice up your PBX system?

jess — Thu, 16 Nov 2006 01:01:09 -0600

We came across this commoner while we were poking around the internet, and just had to share it with all of you. Definitely one of the more interesting CC licensors we’ve seen in a while.

OpenVoice, a small Australian business specialising in voice prompting services for the Asterisk™ Open Source PBX system, have released a whole lot of Australian PBX voice prompts/messages available for free download under an Australian v2.1 Attribution-ShareAlike licence. The prompts feature the voice of Alex Dalrymple, who is a regular announcer at a major Sydney radio station, and include everything from the standard (“I’m sorry, that number is not valid”) to the wacky (“We’re off gambling and getting drunk”). They have some great MP3 demos that you can listen to on the site - or you can download the whole set to use with your Asterisk PBX system.

Check them out here.

CC Willits Remix competition

jess — Wed, 15 Nov 2006 20:58:45 -0600

Our CC compatriots in the US have announced a new competition on the ccMixter site. The contest, which is being run in conjunction with XLR8R Magazine and Ghostly International, encourages the general public to remix the audio source files from the song “Colors Shifting”, which has been donated by its creator, Ghostly International artist Christopher Willits. The winning remix will be selected by Willits himself, and will be included on an XLR8R Incite CD compilation, which will be included in copies of a future issue of XLR8R Magazine.

Visit http://ccmixter.org/ghostly for contest information, rules, and audio sources.

More on British and Australian copyright debates

jess — Sun, 05 Nov 2006 20:01:34 -0600

Following on from our article below about the potential extension of the copyright term in the UK, Boing Boing has an entry today about a report by The Institute for Public Policy Research proposing more amendments to UK copyright law.

Interestingly, the Boing Boing article quotes one of the Report’s authors, Kay Withers, as saying: “The idea of all-rights reserved doesn’t make sense for the digital era.”

As well as the proposed copyright term extension, the Report also discusses possible new exceptions to allow “format shifting” ie the transferring of songs from CDs to iPods - an amendment that is also being proposed in Australia as part of the huge Copyright Amendment Bill 2006.

The Bill was tabled by Attorney General Phillip Ruddock on 19 October, and is currently the subject of an extremely short inquiry by the Senate Committee on Legal and Constitutional Affairs. The Bill contains some new exceptions designed to assist consumers, like the format shifting amendment, but overall is a massive win for copyright owners.

Here’s some commentary on the proposed amendments by Brian Fitzgerald and Kim Weatherall. The Electronic Frontiers Foundation also has information up about the Bill, and an Action Page on users can get their concerns about the Bill heard.

The most concerning amendments proposed by the Bill include:

an extension of Australia’s Technological Protection Measure provisions, which significantly broadens the rights of copyright owners to control how people can use legitimately bought products;
a whole swathe of new criminal offences, which will significantly lower the bar for criminal prosection for copyright infringement in Australia, increasing the chances of people being held criminally liable for actions they undertake in their own home; and
changes to Australia’s exception for fair dealings for the purpose of research and study which replaces the current flexible exception with a strict quantitative test, taking away rights Australian researchers and students have always enjoyed without any explanation or justification.

Down with DRM video contest announced

jess — Tue, 19 Sep 2006 00:20:36 -0500

Freeculture.org has announced the Down with DRM video contest in conjunction with Defective by Design’s October 3rd Declared “Day Against DRM”. Enter your short, anti-DRM themed, video, animation or remix for a chance to win a portable digital VCR or have your video aired on DefectiveByDesign.org. Preference will be given to submissions under free content licenses such as Creative Commons BY-SA.
Deadline for submissions is Sunday October 1 at 11:59pm EDT.

More details are available at the Free Culture website

ccHost 3.0

jess — Sun, 10 Sep 2006 23:23:14 -0500

The Creative Commons head office in San Francisco, along with the Creative Commons Developer Community, has today released an updated version of ccHost, its Open Source web-based media sharing software. ccHost provides a range of packages that anyone may download that enable collaboration, sharing, and storage of multi-media material on-line using the different Creative Commons licenses and metadata. This comes on the heals of ccHost winning the Linux Journal Linux World Expo Award for “Best Open Source Solution”. Congratulations ccHost!

More details on the release are available here

We went to Rio . . .

jess — Sun, 10 Sep 2006 22:45:56 -0500

The annual iCommons Summit was held this year in Rio de Janerio, Brazil, from 23-25 June - and, thanks partly to the generous assistance of the iCommons organisation, CC-AU team members Brian Fitzgerald and Jessica Coates (myself) were able to attend. The Summit brought together a wide range of individuals with an interest in the open access and commons movements worldwide for an exchange of ideas, information and enthusiasm. The three day event provided a great opportunity for us to learn about other open access projects worldwide and was extremely productive, from Brian's presentation on CC-AU's experiences with the Australian collecting societies to the first meeting of the newly formed Asia Commons. It was, in fact, so jam packed that we barely managed to make it outside to see the famous beaches right outside our doors - though we did squeeze in time to catch Australia's World Cup triumph over Croatia.

Read our full report on the conference here

Photo: Jessica Coates (second left), Brian Fitzgerald (far right),
and other Creative Commoners at the Rio iSummit.

Say hello to CC-AU 2.5

jess — Wed, 16 Aug 2006 04:23:00 -0500

We’re proud to announce that the Australian Creative Commons licences have officially been upgraded to v2.5, bringing the Australian-jurisdiction licences into line with the latest version of the Creative Commons licences worldwide.

The changes from the old v2.0 licences are mainly minor and technical in nature, but provide important clarification of the intent and legal effect of the licences.

The new licences are available through the publishing tool on the international Creative Commons site. Anyone publishing their material using the tool will automatically be taken to the latest versions. We also encourage those who already have material registered under one of the old licences to upgrade to v2.5, so they can get the benefits of the improved language, too.

And while I’m at it, I’d like to put in a plug for the Australian licences. If you’re an Australian, or see the primary market for your work as being Australia, the Australian licences provide far greater legal certainty, should you ever need to enforce them in a court of law. This goes for all of the jurisdiction-specific licences - with all the variation between the laws of different countries, a generic licence just isn’t going to be as clear. Remember, an ‘Australian’ licence (and any other jurisdiction-specific licences) is still enforcible anywhere in the world.

Happy licensing!