New Zealand releases draft principles on OA to PSI

New Zealand’s State Services Commission has released a draft framework on OA to public sector information, on which it is soliciting comment. Under the draft, an agency would evaluate a particular work and choose from one of the Creative Commons licenses (with the most permissive, the Attribution license, generally recommended) or a to-be-developed more restrictive license, or a certification that the work/data is not subject to copyright. The draft backs away from an earlier recommendation of CC Zero, which would effectively waive Crown copyright. The framework recommends that PSI generally be available gratis, with any charges limited only to reasonable costs of distribution.

It’s not immediately clear to what extent publicly-funded research is included in the policy (see excerpt below); I’ll contact the commission to ask, and knowledgeable readers are encouraged to contact me. From the announcement:

Keitha Booth, Draft Open Access and Licensing Framework released, In Development, August 27, 2009.

Today the State Services Commission is releasing the draft New Zealand Government Open Access and Licensing framework (NZGOAL). This document provides guidance for State Services agencies on:

  • open access to non-copyright information; and
  • open licensing of copyright works,

in both cases with a view to allowing their re-use by others. (It does not apply to information or works containing personal or other sensitive information).

The draft NZGOAL sets out a series of policy principles which embrace, among other things, the notions of open access, open licensing, creativity, authenticity, non-discrimination and open formats. …

This work, which has been prepared in conjunction with the ICT Group of the Department of Internal Affairs (DIA), was endorsed by public service departments earlier this year when they responded to the Suggested All-of-Government Approach to Licensing of Public Sector Copyright Works: Discussion Paper. This paper and the Summary and Analysis of Departmental Feedback are also being released today to provide further background. …

Those who read all three documents (the draft NZGOAL, the Discussion Paper and the Summary and Analysis of Departmental Feedback) will see that we have changed our approach slightly from that envisaged in the Discussion Paper and the Summary and Analysis of Departmental Feedback. The main changes are as follows: …

  • While, in the Summary and Analysis of Departmental Feedback, we had contemplated a potential place for the Creative Commons Zero tool, we have decided not to advocate its use in NZGOAL. Suggesting to agencies that they consider waiving Crown copyright or other copyright in their copyright works (which would be the effect of advocating Creative Commons Zero) would raise a miscellany of policy and legal issues that are beyond the scope of NZGOAL. Moreover, we do not consider the use of Creative Commons Zero to be necessary. …

Please join this discussion. The last day for receiving comment will be Friday 9 October 2009. You can add a comment to this post, the sections of the draft NZGOAL, and/or email your comments directly to nzgoal@ssc.govt.nz if you wish.

So far as copyright works are concerned, NZGOAL proposes that agencies apply the most liberal of the New Zealand Creative Commons law licences to those of their copyright works that are appropriate for release, unless there is a restriction which would prevent this. The most liberal Creative Commons licence is the Attribution (BY) licence. So far as non-copyright information is concerned, NZGOAL recommends the use of clear “no-known rights” statements, to provide certainty for people wishing to re-use that information.

From the draft policy, section on “Procuring and preparing information, data and copyright works”:

When procuring, preparing or commissioning information, data and copyright works, State Services agencies are encouraged to consider whether such information, data and works should, in accordance with these Policy Principles, be released to the public for re-use. …