INFORMATION LICENSING PROCEDURE
Purpose
In 2013 the department released the Information Licensing Policy. That policy formalised the
actions to be undertaken by departmental staff to facilitate access to information assets owned
or to be acquired by the department. This guideline provides the user of that policy advice on
how to implement its requirements.
It is clear ... that even the subset of benefits that can be measured outweigh the costs of
making Public Sector Information more freely and openly available. It is also clear that it is not
simply about access prices, but also about the transaction costs involved. Standardised and
unrestrictive licensing, such as Creative Commons, and data standards are crucial in enabling
access that is truly open (i.e. free, immediate and unrestricted).
Professor John Houghton
Costs and Benefits of Data Provision
Report to the Australian National Data Service, September 2011
Illustrated Process
Decision to create or
to acquire an
information asset
Identify who owns the
Intellectual Property
associated with the asset
Identify any restrictions to
its distribution by the
department to other users
or for other uses
Apply the most open
licence possible
Manage the asset in
compliance with its
licence conditions
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Implementation
Policy requirement 1: Ascertain ownership of Intellectual Property
Background
Intellectual property, copyright and licensing are all legal tools that assist in the management
of information (including data). Licensing is a way for the creator of an idea to control how
others use their data.
Ownership of intellectual property plays an important role in determining the licence conditions
of an information asset. Where the Commonwealth owns the intellectual property contained in
an information asset, the asset can be given an open licence for access and reuse within the
department and externally. Where an external party owns some or all of the intellectual
property contained in an information asset that party may place restrictions on its distribution
and use, which the department must comply with in its use of that information.
In most cases the Commonwealth owns the intellectual property contained in information
assets produced by its employees, or individuals under its direction or control.1 Exceptions to
this rule are where the information asset incorporates a pre-existing information asset which
has been modified by the department. In this instance the intellectual property obtained from
the pre-existing assets may be owned by an external party or parties.
In some circumstances it may be difficult to determine whether an information asset created by
the department is sufficiently different from the original to enable the Commonwealth to assert
intellectual property ownership. An example of this is where a map has been created using
points from a dataset belonging to a third party. The rule of thumb is if data or information
provided by an external party could be extrapolated or approximated from the newly created
information asset then the Commonwealth cannot assert intellectual property ownership.
Where an information asset has been created by an external party the intellectual property and
copyright will normally be retained by them. However, the Commonwealth would usually gain
ownership for the intellectual property of a commissioned or acquired information asset. In
some circumstances the Commonwealth would gain the right to use that property through the
contract or licence agreement under which it was acquired.
Summary
Staff must ascertain whether the Commonwealth owns the Intellectual Property contained
within that information asset. The Commonwealth owns the intellectual property where:

the asset was created within the department, and does not reuse pre-existing information
assets which are owned by external parties; or

the contract or licence agreement to obtain the information asset specifies that the
information asset will belong to the Commonwealth.
Attorney-General’s Department, “Licensing and use of Commonwealth material”
http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/LicensinganduseofCommonweal
thmaterial.aspx
1
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When commissioning a new information asset through a procurement exercise staff should
assert the Commonwealth’s right to ownership of that asset if possible.
Procedure
i.
Upon commissioning the creation of a new information asset, ensure that standard
funding and services agreement clauses requiring that the asset will become the
property of the Commonwealth are enforced.
OR
ii.
Upon acquiring an asset, ascertain whether the intellectual property in the asset
belongs to the Commonwealth, in whole or in part.
Policy requirement 2: Identify any restrictions on distribution
Background
Where the department does not own all of the intellectual property contained in an information
asset, it must abide by the existing licence conditions (if a licence exists). These conditions
may restrict distribution of the asset, both within the department and externally. They may also
restrict the use of the information asset to particular purposes. External parties engaged to
create information assets may not be willing or able to have open licence applied to the assets
they produce.
Where an information asset consists of modified or combined pre-existing information assets
which belong to an external party, the restrictions on the pre-existing asset will also apply to
the newly created asset. Assessing the original data source includes identifying third party
works, personal or confidential information where permission for use or restrictions of release
may apply.
Restrictions on distribution may apply to information with a security classification or
dissemination limiting marker. Restrictions from a security or sensitivity assessment can be
temporary, e.g. until the Minister makes an announcement. In these cases this classification
must be changed when the restrictions no longer apply, and the information licensed.
Summary
Where an information asset’s intellectual property is not wholly owned by the Commonwealth,
staff must determine whether there are any terms and conditions that apply to the purpose and
use for the information asset and whether there are any restrictions on distribution of the
information asset. Importantly, staff must determine whether the licence that applies to the
information asset enables the Commonwealth to sublicence the information asset.
Staff must also determine whether there are any restrictions on distribution due to security
classification or a dissemination limiting marker.
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Procedure
i.
Determine whether there are any restrictions on distribution of the information asset, as
determined by intellectual property rights and security classification.
ii.
Where an asset contains information obtained under differing licence conditions, legal
advice should be sought regarding the ownership of the intellectual property and the
appropriate licence for the combined asset.
Policy requirement 3: Apply most open licence possible
Background
Licensing is a method for the owner of an asset to allow others to use it under conditions that
the owner decides. Staff should preferably seek the most open licence conditions possible to
enable as many people in the department (or other potential users) to benefit from that asset.
In recent years the Australian Government has been moving towards a more open use of
information irrespective of whether the information asset has been obtained from external
parties or developed by government agencies. When information is acquired the Government
is also encouraging its identification and distribution to other agencies for their use. Whole of
Government licensing is the preferred approach, rather than licensing for limited use.
The Attorney-General's Department advises that "Australian Government agencies are
required to release copyright public sector information under Creative Commons by licence or
other open content licences, wherever possible." 2
The Australian Governments Open Access and Licensing (AusGOAL) framework is
considered best practice by the Australian Government for licensing information to other users.
This is an accessible and detailed tool that can be applied to any information. Based on the
Creative Commons licensing system, the AusGOAL framework includes six individual Creative
Commons licences, one restrictive licence, and one software licence. As the Creative
Commons concept has long been established it will be familiar to almost all information
suppliers.
The Australian Creative Commons Attribution (CC BY) licence is the department’s default
information licence. As it is the most open of all Creative Commons licences it enables the
maximum dissemination and use of licensed materials. Creative Commons By Attribution lets
others distribute, remix, modify, and build upon other’s work (including commercially) as long
as they credit the creator for the original work.3
2
Licensing and use of Commonwealth material
http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/LicensinganduseofCommonweal
thmaterial.aspx
3 AusGOAL http://www.ausgoal.gov.au/creative-commons
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Circumstances where more restrictive licences (both Creative Commons and other types) may
be used include:




pre-existing licence conditions on the information;
unwillingness of the information provider to agree to an open licence;
a security classification or a dissemination limiting marker; and
privacy concerns.
An alternate licence which is not Creative Commons may only be used where there are strong,
non-negotiable restrictions on the use and/or distribution of the information, and there is no
suitable Creative Commons licence available.
The details of a licence should be recorded with that licence in an accessible place so other
staff members can access those details. Information assets may be held by the department for
a number of years. Recording the licence details helps to ensure compliance with existing
licence conditions and also creates the greatest opportunity for reuse of the asset by other
parts of the department.
Summary
Staff must apply the most open licence possible whilst incorporating any restrictions on
distribution resulting from pre-existing licence conditions or from a security classification or a
dissemination limiting marker (as identified in Policy Requirement 2).
When creating a new information asset for which the department wholly owns the IP staff must
apply the Creative Commons Attribution licence unless the asset has a security classification
or a dissemination limiting marker.
When developing a licence for an information asset which incorporates a pre-existing asset
owned by an external party, the new licence must maintain the relevant licence conditions that
apply to the source information.
Creative Commons licence markings must be applied and displayed prominently with the
material being licensed. The following details should be displayed with the CC licence symbol:





the URL for the Creative Commons licence being used;
the copyright symbol;
the organisation name;
the year of creation; and
any additional information that is appropriate to the circumstances.
The licence conditions for each Creative Commons licence are set out on a webpage for that
licence. Providing the URL with the licence will allow users to view the licence conditions
without those conditions being specifically recorded with the licence.
Figure 1: Creative Commons Attribution licence symbol
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Staff may wish to publish a product that includes copyright material from third parties, and to
provide the broadest possible licence to the public in relation to the use of that product. In this
case, identify any third party material and state that the product is provided under a Creative
Commons Attribution 3.0 Australia, with the exception of content supplied by third parties,
which is clearly identified.
Where a non-Creative Commons licence has been used the licence conditions must be clearly
specified with the licence. The asset’s metadata is the most appropriate option to record
licence conditions.
Restrictive licences should be reviewed annually to assess whether a less restrictive licence
can be applied.
Procedure
i.
When licensing an information asset, create the most open licence conditions possible,
whilst incorporating any restrictions on distribution from pre-existing licence conditions
or security requirements.
AND
ii.
Apply the Creative Commons logo together with the licence URL, copyright symbol,
organisation name, year of creation, and as much additional information as is
appropriate to the circumstances. Where a non-Creative Commons licence has been
used clearly specify the licence conditions in the asset’s metadata.
iii.
Review restrictive licences annually and apply a less restrictive licence where possible.
Policy requirement 4: Manage information asset in accordance with its licence
Background
The department manages a large and diverse store of information assets that are owned by
other entities. Most of these assets have been made available to the department with
restrictions on distribution and/or use.
Summary
Once recorded, the licence conditions must be observed while the department has possession
of that information asset, and in any use of the asset by the department.
Procedure
i.
Comply with the licence conditions on any information asset held by the department.
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Definitions
Information
Data, recorded ideas, knowledge and understanding. It is often
described as related concepts in a hierarchy, with each concept being
based on analysis and integration of the former with increasing
relevance to a particular context. In this policy 'information' is used as
the collective term for the whole hierarchy.
Information
Acquisition
The obtaining of an Information Asset, which may or may not include
the transfer of ownership. For example, obtaining a licence to the
Information Asset does not include transfer of ownership.
Note: Acquisition does not include the incidental accessing of
information from the Internet.
Information Asset
Datasets or information products that enable departmental business
functions and outcomes.
Intellectual Property
Covers the wide range of intangible property that is the result of the
creative and intellectual effort of individuals and organisations. This
includes inventions, literary and artistic works, computer programs,
databases, broadcasts, films, sound recordings, plant varieties,
trademarks and designs.4 It can be protected under law by copyright,
patent or licensing provisions.
Copyright
The legal protection provided for people who express ideas and
information in certain forms. The most common are writing, visual
images, music and moving images.5 It is free and applies
automatically when material is created. The copyright notice consists
of the symbol ©, followed by the name of the copyright owner and the
year of first publication. Copyright does not protect ideas, information,
styles, techniques, names, titles or slogans.6
Public Sector
Information
Information that has been produced by, or is owned, controlled and
held by, the public sector (i.e. the government). 7
Licensing
Allows the creator to maintain ownership of their intellectual property,
but allows a licensee to use the work as specified in their licence
conditions. For example, copy and distribute the work provided they
give credit to the creator of the work.
Open Licensing
Conditions
Those that facilitate ease of access to another entity or persons’
information with minimal restrictions on its use. While complete
freedom to use information in any way is the most open licensing
condition, most information owners place some restrictions on use.
Attorney-General’s Department, “Intellectual Property and Copyright”
http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/default.aspx
5 Attorney-General’s Department, “Copyright Information”
http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/Copyright-information.aspx
6 Australian Copyright Council, 2012, An Introduction to Copyright in Australia.
7 Access to and use of Public Sector Information, www.aupsi.org
4
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Definitions
These restrictions enable the owner to keep some control, but allow
others to use and benefit from it. The Australian Governments Open
Access and Licensing (AusGOAL) framework is considered best
practice by the Australian Government for licensing information to
other users.
Information
Management
The means by which the department plans, identifies, creates,
receives, collects, organises, governs, secures, uses, controls,
disseminates, exchanges, maintains, preserves and disposes of its
information. The primary aim of information management is to ensure
that the right information is available to the right people, in the right
format, at the right time.
Information
Repository
An IT system, library or paper filing system location where information
assets are deposited, stored and made accessible to potential users.
Department
Information
All reports, documents, data sets and other information that the
department acquires or produces for statutory purposes or business
needs. Information may occur in a number of formats, such as
electronic (digital), print, audio, video, image, graphical, cartographic,
physical sample, textual or numerical form.8
Metadata
A description that serves to provide context or additional information
about other information. Commonly applied metadata includes an
overview of the information, a title, a description of the creator, and a
date of creation. These requirements can be applied to all types of
information. However, different information types will have descriptive
requirements in addition to the basics. These are described in
metadata standards unique to information types.
8
Queensland Government Enterprise Architecture Glossary
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PROCEDURE NAME
Information Licensing Procedure
VERSION
1.1
PREPARED BY
Environment Information Policy and Reporting Section; Sustainability
Policy and Analysis Division
APPROVED BY
Jason Ferris
DATE APPROVED
18 June 2013
LAST AMENDED
20 August 2013
DATE OF NEXT
REVIEW
June 2014
LICENCE
With the exception of the Commonwealth Coat of Arms and where otherwise noted, SEWPaC
information policies are licensed under Creative Commons Attribution 3.0 Australia licence.
This procedure should be attributed to “Australian Government Department of Sustainability,
Environment, Water, Population and Communities, 2013, Information Licensing Procedure”.
Use of the Coat of Arms
The terms under which the Coat of Arms can be used are detailed on the It’s an Honour
website. http://www.itsanhonour.gov.au/coat-arms/index.cfm
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