Authors
Anne Fitzgerald and Kylie Pappalardo (Queensland University of Technology)
Abstract
Establishing data sharing arrangements for complex, international e-research collaborations and earth observation projects requires, at the national level, appropriate information policy frameworks and management of legal rights. While international science collaborations and earth observation projects typically express a commitment to making data freely and openly available, in the absence of a supporting policy and legal framework, such objectives risk falling short of expectations.
This presentation considers recent developments in Australia both in relation to the formation of a national information strategy and the management of legal rights in data. As recognized in the Venturous Australia Green Paper (2008) and the Powering Ideas White Paper (2009), an information management framework should incorporate internationally accepted principles on data access and sharing but should also be clear and practical enough for researchers to follow at a research-project level.
As well as considering the emerging international principles on access to science data (eg in GEOSS, INSPIRE and the OECD’s Seoul Ministerial Declaration), this paper looks at the recommendations for the establishment of an information strategy or framework (eg, by the Victorian Parliament’s Economic Development and Infrastructure Committee and in the Digital Economy: Future Directions report). Further, it considers the management of legal rights, with a particular focus on copyright in datasets and databases in the light of the High Court’s decision in IceTV Pty Limited v Nine Network Australia Pty Limited (April 2009).
The adoption of Creative Commons licensing by several Australian Government departments and agencies (including the Australian Bureau of Statistics, Geoscience Australia and the Water Information project) will be discussed.
About the speaker
Anne Fitzgerald is a Barrister and Professor in Law Research in QUT’s Law Faculty, where she teaches in the fields of intellectual property and internet law and works as a principal researcher for on projects for OAK Law and the CRC for Spatial Information (see http://www.oaklaw.qut.edu.au and http://www.aupsi.org.au). Anne completed a JSD (Doctor of the Science of Law) and LLM at Columbia University (NY) and an LLM (International Business Law) at the University of London. Anne has taught and published in the areas of intellectual property and electronic commerce law since 1991. Recent publications include: Intellectual Property (Nutshell) (2008); Internet and E-Commerce Law (2007) and Intellectual Property in Principle (2004).