OER in Australia

Report
Professor Anne Fitzgerald
Queensland University of Technology
15 June 2012
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Open Educational Resources and
Open Access to Research outputs
 OER (schools, tertiary sector – TAFE, universities etc)
 Curricula
 courseware
 teaching materials
 Schools, TAFE, universities
 Open Access to research outputs (publicly funded
research – government, tertiary education sector)
 publications – books, reports, journal articles
 results – data, databases
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Open Access to Knowledge Law (OAK
Law) – Legal Framework for e-research
Project
See: http://www.aupsi.org/publications/
 Creating a legal framework for copyright management of open





access within the Australian academic and research sector: OAK
Law Project Report No. 1 (2006)
Building the Infrastructure for Data Access and Reuse in
Collaborative Research: An Analysis of the Legal Context (2007)
Guide to Developing Open Access Through Your Digital Repository
(2007)
Understanding Open Access in the Academic Environment: A
Guide for Authors (2008)
Review and Analysis of Academic Publishing Agreements and Open
Access Policies (2008)
Academic Authorship, Publishing Agreements and Open Access:
Survey Results (2008)
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
The case for OER
 “Nearly one-third of the world’s
population (29.3%) is under 15. Today
there are 165 million people enrolled in
tertiary education1. Projections suggest
that that participation will peak at 263
million2 in 2025.
 Accommodating the additional 98
million students would require more
than four major universities (30,000
students) to open every week for the
next fifteen years.”
Sir John Daniel, Commonwealth of Learning
(COL), ‘Tertiary Education: How Open?’,
20 May 2011 at
http://www.col.org/resources/speeches/2011pr
esentation/Pages/2011-05-19b.aspx.
Storm Trooper by Maximus_W,
licensed under CC BY2.0 Generic ,
http://www.flickr.com/photos/239
[email protected]/6032572260
UNESCO – Commonwealth of
Learning (COL)
 the substantial rise in global enrolments is unlikely to be
accompanied in equivalent increases in the human and
financial resources available to the higher education sector.

OER and advancing ICT infrastructure ‘opens up opportunities to
create and share a wider array of educational resources, thereby
accommodating a greater diversity of student needs’
 ‘governments have an interest in ensuring that public
investments in higher education make a useful and costeffective contribution to socio-economic development’.
 governments should require educationally useful
materials developed with public funds to be made
available under open licences.

UNESCO-COL Guidelines for Open Educational Resources (OER) in
Higher Education published in 2011 under a CC BY-SA licence.
http://www.col.org/PublicationDocuments/Guidelines_OER_HE.pd
f.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
The concept of “OER”
 The OECD defines OER as:
 ‘digitised materials
 offered freely and openly
 for educators, students, and self-learners
 to use and reuse
 for teaching, learning and research.
OER includes learning content, software tools to develop,
use and distribute content, and implementation
resources such as open licences.’

OECD, “Giving Knowledge for Free: The Emergence of Open
Educational Resources”, OECD, Paris, 2007, at p 38, available at
www.oecd.org/dataoecd/35/7/38654317.pdf.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
The concept of “OER”
 UNESCO and the Commonwealth of Learning (COL)
define OER as:
 ‘teaching, learning or research materials
 that are in the public domain
 and released with an open license (such as Creative
Commons).
They allow communities of practitioners and stakeholders to
copy, adapt and share their resources legally and freely, in
order to support high-quality locally relevant teaching and
learning’.

UNESCO-COL Guidelines for Open Educational Resources (OER)
in Higher Education, 2011, p v, available at
http://www.col.org/PublicationDocuments/Guidelines_OER_HE.
pdf.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
The concept of “OER”
 The Cape Town Open Education Declaration states
that OER:
 ‘should be freely shared
 through open licences
 which facilitate:
 use
 revision
 translation
 improvement, and
 sharing
 by anyone.’

http://www.capetowndeclaration.org/read-the-declaration.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Reuse, remix, distribution are at
the heart of OER
 The OpenCourseWare Consortium identifies the
relevant acts that need to be able to be performed with
OER as:
 Reuse: using the work verbatim;
 Rework: altering or transforming the work;
 Remix: combining the verbatim or altered work with
other works; and
 Redistribute: share the verbatim work, the reworked
work, or the remixed work with others.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Transacting copyright for OER
 Limited royalty-free exceptions to infringement, eg
 Fair dealing for research and study (ss 40 & 103C)
 Educational uses in the classroom (s 28)
 S 200AB
 Educational statutory licences (Part VB) –
administered by CAL
 If use/re-use is not permitted under an exception or
statutory licence permission must be negotiated and,
often, paid for – could involve considerable cost,
complexity and time
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
CC licences enable OER re-use
CC
CC
CC
Distribution
Distribution
Distribution
Redistribution
ACCESS
Redistribution
Reuse
Reuse
Redistribution
use
Reuse
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
ND
MIT OpenCourseware
 Global adoption and influence:
 Taiwan

Opensource OpenCourseWare Prototype System (OOPS)
project copied the entire MIT OCW site to a local Taiwanese
server and translated the courses into Chinese
 China

China Open Resources for Education (CORE) project, a nonprofit consortium of universities established in 2003, began its
OER efforts by translating MIT’s OCW
 Latin America

Universia, the largest Spanish and Portuguese speaking
network of universities, translated MIT’s OCW courses into
Spanish and Portugese, to make the content accessible to their
local communities.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Trade Adjustment Assistance Community College
and Career Training Grant Program (TAACCCT):
US $2 billion in funding provided under federal education
fund to create OER resources for use in community colleges
P062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216
TAACCCT
 The first round of grants (Wave 1) awarded nearly $500
million in 2011, and the second round (Wave 2),
announced on 27 February 2012, will make another
$500 million available to eligible higher education
institutions.
 Wave 1 - materials produced must be distributed under
a CC BY licence.
 Wave 2 - the CC BY license must also be applied to
modifications made to pre-existing, grantee-owned
content using grant funds.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
 http://open4us.org/about/
OER-friendly Tools and Resources
 Where to find OER
 Open License Search: http://search.creativecommons.org
 OER Search: http://www.oerglue.com/courses
 OCW Search: http://www.ocwconsortium.org/en/courses
 Curated Repositories:
 http://oercommons.org
 http://www.merlot.org/merlot/index.htm
 Open Textbooks: http://www.collegeopentextbooks.org/
 More OER: http://www.scoop.it/t/finding-oer
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
http://wiki.creativecommons.org/OER_
Policy_Registry
 42 courses – course materials available under CC BY
https://sites.google.com/a/sbctc.edu/opencourselibrary/
Saylor Foundation – Open
Textbook Challenge
 Saylor Foundation makes a free collection of college
level courses available on its website under a CC BY
licence by default
 To expand their collection of CC BY-licensed course
materials, the foundation initiated an Open Textbook
Challenge, offering a $20,000 award for textbooks
accepted for use in their course materials.
 To be eligible for the award, author(s) must agree to
license the text under CC BY.

http://www.saylor.org/OTC/.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Poland
 Digital School program adopted April 2012 by Polish
Council of Ministers
 Aims to raise ICT competencies in Polish schools
 43 million PLN (Polish zloty) has been assigned for the
creation of digital CC BY licensed (or compatible)
textbooks for grades 4-6
 See http://creativecommons.pl/2012/04/digitalschool-program-with-open-textbooks-approved-bypolish-government/.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
USQ OpenCourseWare
 University of Southern Queensland (USQ), based in
regional areas (Toowomba, Hervey Bay and
Springfield) provides distance education programs
 75% of USQ’s students study by distance education
 USQ’s OpenCourseWare (OCW) portal makes 10
courses available under a CC BY-NC-SA licence.
 http://ocw.usq.edu.au/.
 See the OCW FAQs on how to cite USQ’s materials:
http://ocw.usq.edu.au/mod/resource/view.php?id=105#1
2.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Adapt project: teaching
adaptations
 2012 pilot project - Bridging the Gap: teaching adaptations across
the disciplines and sharing content for curriculum renewal.
 led by the University of Tasmania, with support from the
Australian Government’s Office of Learning and Teaching (OLT)
 aims to ‘enhance the teaching of adaptations (the study of the
adaptation of an original novel, play, film, poem, video game or
other form of narrative to a different medium) in an Australian
context through the creation of a community of practice of
scholars’.
 will develop a repository of OER relevant to learning and
teaching adaptations.
 See http://www.teaching-learning.utas.edu.au/designing/open-
educational-resources/open-education-resources.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Vocational training materials
 vocational training packages (modules) on
training.gov.au
 previously licensed under AEShareNet licences
 1n 2011 shifted to CC BY ND licence – see
http://training.gov.au/Home/Copyright
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Further examples
 CC’s OER page:
http://creativecommons.org/education
 OER Case Studies:
http://wiki.creativecommons.org/OER_Case_Studies
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Publications, data and databases
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Open Access to research
 Open Access movement began in 1990s with concerns
about access to research data (eg human genome
project) and scholarly articles published in journals
 Growing dissatisfaction of research community about
traditional business models operating in the digital
environment:
 research conducted with public funds
 articles written and peer-reviewed by scientists and
academics for free
 typically, copyright was assigned entirely to the
publisher
 academics and public charged exorbitant fees by
publishers for access to articles
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Open Access to research
 Bermuda Principles (1996) - endorsed by the
participants at the international strategy meeting on
human genome sequencing
 Budapest Open Access Initiative (2001) defined Open
Access to scholarly journal articles [see next slide]
 Bethesda Statement on Open Access Publishing (2003)
- encourages faculty and grant recipients to publish their
work under Open Access principles
 Berlin Declaration on Open Access to Knowledge in
the Sciences and Humanities (2003) – covers original
scientific research results, raw data and metadata, source
materials, digital representations of pictorial and graphical
materials and scholarly multimedia material – supports
open access publishing in OA journals or self-archiving in
OA repositories
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Open Access to research
 Budapest Open Access Initiative (2001) defined Open Access to scholarly
journal articles to mean:
 free availability on the public internet, permitting any users to:
 read
 download
 copy
 distribute
 print
 search, or
 link to the full texts of these articles
 crawl them for indexing
 pass them as data to software or
 use them for any other lawful purpose,
without financial, legal, or technical barriers other than those inseparable
from gaining access to the internet itself.
 The only constraint on reproduction and distribution, and the only role
for copyright in this domain, should be to give authors control over the
integrity of their work and the right to be properly acknowledged and
cited. http://www.soros.org/openaccess/read.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Open Access publishing: the Green and
Gold roads
 Green OA
 authors make their articles (usually in the form of “accepted
manuscripts”) available through institutional repositories or
personal websites.

QUT ePrints – eg “Open Content Licensing: Cultivating the Creative
Commons” (2007), Sydney University Press and QUT ePrints http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5
Licence - > 8,000 downloads, ranks 15th in QUT ePrints
 Gold OA
 OA that is provided by a publisher, i.e. the article is published
immediately under OA conditions by the journal publisher.
 may be funded in different ways - certain publishers may
require the payment of a fee by the author to make the work
available under OA.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Gold OA consistent with CC
 PloS One (OA journal, reportedly the world’s largest scholarly journal
by volume)
 Public Library of Science (PLoS) is a non-profit organisation ‘dedicated
to making the world’s scientific and medical literature a freely available
public resource’.
 PloS applies CC BY licence to all works it publishes
 Research monographs published by Bloomsbury Academic
(commercial publisher Bloomsbury Publishing’s academic branch)
 Content made available online under a CC BY-NC licence (in addition to
publishing in print and e-book format and offering print-on-demand
copies).
 Frances Pinter, Publisher of Bloomsbury Academic explains:

‘[o]ur business model is simple. We may lose some print sales because of free
access, but we will gain other sales because more people will want the print edition’.

Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20
October 2008, available at http://creativecommons.org/weblog/entry/10100.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
ANU’s IP Policy
(1 July 2010) http://policies.anu.edu.au/policies/intellectual_property/policy
Part 4 - Section 14. "Open Content" Licensing by
[Staff] Member
14.1 …. A [Staff ] Member who Creates copyright matter which
is owned by the University is granted a perpetual,
irrevocable, worldwide, non-exclusive licence in respect
of the copyright to grant licences to third parties over the
copyright matter:
(a)
being an open content licence of the form
maintained by the Creative Commons Corporation; or
(b)
being an open source licence in respect of Software,
of the form maintained by the Open Software Initiative or
the Free Software Foundation; or
(c)
in any other form of open content licensing
determined from time to time in writing by the Vice
Chancellor.
QUT’s IP Policy: Scholarly works
(22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp
3.1.5 Ownership of copyright
 In accordance with general law principles noted in section 3.1.4
above, QUT as an employer is the owner of copyright where
the work is created by staff members in the course of their
employment. QUT’s ownership of copyright applies to both
academic and professional staff.
Assignment of scholarly works
 Provided that QUT does not have contractual obligations to a
third party which would prevent QUT effecting such an
assignment, QUT assigns the right to publish scholarly
works to the creator(s) of that work. The assignment is
subject to a perpetual, irrevocable, worldwide, royalty-free,
non-exclusive licence in favour of QUT to allow QUT to use
that work for teaching, research and commercialisation purposes
and to reproduce and communicate that work online for
non-commercial purposes via QUT's open access digital
repository.
QUT’s IP Policy: Teaching materials
(22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp
3.1.6 Intellectual property in QUT teaching
materials
 In line with section 3.1.4 above, QUT owns the intellectual property
in QUT teaching materials. This ensures the University has the
unrestricted ability to use QUT teaching materials for its teaching,
research and training responsibilities.
Non-exclusive licence
QUT grants to creators a perpetual, worldwide, non-exclusive,
royalty-free licence to use QUT teaching materials to fulfil their
teaching, research and training responsibilities at QUT. This
licence does not include any use for commercial purposes nor does it
involve a transfer of ownership of QUT intellectual property.
Open Access to research data
 Copyright applies to data compilations if they are
sufficiently original
 Copyright does not apply to mere facts/information or
trivial/obvious/mundane arrangements of data
 Copyright must apply to original data databases – TRIPs and
WIPO Copyright Treaty
 For copyright to apply, there must usually be originality provided
by some independent intellectual creation/creative
spark/application of skill and judgment
 No special legal protection for non-original data collections (cf
European Database Directive)
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Copyright and Data
Telstra Corporation Ltd v Phone Directories Company Pty
Ltd (2010)
 where an author or authors of a compilation can clearly be
identified; and
 it can be shown that the compilation is original in the sense
that it is the product of




some “independent intellectual effort”;
the exercise of “sufficient effort of a literary nature”;
involves a “creative spark”; or
the exercise of “skill and judgment”,
then it is likely to be protected by copyright.

[2010] FCA 44 at [344] per Gordon J.
 High Court dicta in IceTV Pty Limited v Nine Network
Australia Pty Limited [2009] HCA 14 (cf Desktop Marketing
v Telstra [2002] FCAFC 112)
 More recently in the Federal Court: Dynamic Supplies v
Tonnex International [2011] FCA 362; Acohs v Ucorp [2012]
FCAFC 16
AUSTRALIA
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
NHMRC policy on access to data
 Current policy encourages open access to data:
 NHMRC … encourages researchers to consider the
benefits of depositing their data and any publications
arising from a research project in an appropriate subject
and/or institutional repository wherever such a
repository is available to the researcher(s).
 Revised policy, effective 1 July 2012, mandates that:
 any publications arising from an NHMRC supported
research project must be deposited into an open
access institutional repository within a twelve
month period from the date of publication.

http://www.nhmrc.gov.au/media/notices/2012/revisedpolicy-dissemination-research-findings
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Joint Statement on Data Sharing of
Public Health Research
 NHMRC is a signatory to the Joint Statement on Data
Sharing of Public Health Research issued by the Wellcome
Trust
 Joint Statement expresses a commitment to the timely and
responsible sharing of public health data:
 Much of the data collection that could improve public health
research is expensive and time-consuming. As public and
charitable funders of this research, we believe that making
research data sets available to investigators beyond the
original research team in a timely and responsible
manner, subject to appropriate safeguards, will generate
three key benefits:



faster progress in improving health
better value for money
higher quality science.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Joint Statement on Data Sharing of
Public Health Research
Immediate goals
 Data management standards support data sharing

Standards of data management are developed, promoted and
entrenched so that research data can be shared routinely, and reused effectively.
 Data sharing is recognized as a professional
achievement

Funders and employers of researchers recognize data management
and sharing of well-managed datasets as an important professional
indicator of success in research.
 Secondary data users respect the rights of producers
and add value to the data they use

Researchers creating data sets for secondary analysis from shared
primary data are expected to share those data sets and act with
integrity and in line with good practice - giving due
acknowledgement to the generators of the original data.
Joint Statement on Data Sharing of
Public Health Research
Longer-term aspirations
 Well documented data sets are available for secondary
analysis

Data collected for health research are made available to the scientific
community for analysis which adds value to existing knowledge and
which leads to improvements in health.
 Capacity to manage and analyse data is strengthened

The research community, particularly those collecting data in developing
countries, develop the capacity to manage and analyse those data locally,
as well as contributing to international analysis efforts.
 Published work and data are linked and archived

To the extent possible, datasets underpinning research papers in peerreviewed journals are archived and made available to other researchers
in a clear and transparent manner.
 Data sharing is sustainably resourced for the long term

The human and technical resources and infrastructures needed to
support data management, archiving and access are developed and
supported for long-term sustainability.
Collaborative data sharing
 Atlas of Living Australia www.ala.org.au
 funded by the Australian Government to develop an
authoritative, freely accessible, distributed and
federated biodiversity data management system
 encourages contributors to upload their materials
under a CC licence via the system’s contribution
form.
 See ALA Data Licensing FAQs at
http://www.ala.org.au/faq/data-licensing/.
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.
Thank you
 Professor Anne Fitzgerald
 QUT Law School
 Publications
(http://eprints.qut.edu.au/view/person/Fitzgerald,_A
nne.html)
 Access to Public Sector Information
(http://www.aupsi.org)
© Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.

similar documents