Default copyright position on departmental web documents
FOI Coordinator
Legal Branch
GPO Box 9839
CANBERRA ACT 2601
Dear FOI Coördinator,
Default copyright position on departmental web documents
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I request access to any document (i.e., to any single document, not all such documents) showing whether the the Department of Industry has a "default" position with regard to the licensing of material on the departmental website. What I'm really wanting to know is whether a normal user of the Department of Industry website can make a presumption that the material is licensed under the kind of open-government terms described on the Attorney General's Department at http://www.ag.gov.au/RightsAndProtection...
For instance, searching through the departmental search page, I found a spreadsheet on business innovation at
http://www.industry.gov.au/science/polic... . There is no licensing statement in the spreadsheet. Can a user presume that the spreadsheet is licensed under a Creative Commons 3.0 Attribution (http://creativecommons.org/licenses/by-s...) licence? And, to get to the heart of my request, what document in the department shows that the presumption would be correct? Or, since most documents don't have any licensing statement, must a user make a special enquiry regarding each one.
Please note I have no particular interest in the spreadsheet I mentioned above; I mean it only as an example.
Please treat this as a request for administrative access. If for some reason the request cannot be dealt with in that way, please treat it as a formal application under the Freedom of Information Act.
Yours faithfully,
Mark R. Diamond
Dear Mr Diamond,
We refer to your email below of 26 October 2014, in which you have asked
the department to treat your request for documents as a request for
administrative access if it can be dealt with in such a manner. If the
request cannot be dealt with in that way, you have asked the department to
treat the request as an application under the Freedom of Information Act
1982 (the FOI Act).
You have requested for access to a document: "showing whether the
Department of Industry has a "default" position with regard to the
licensing of material on the departmental website". Specifically, you want
to know: "whether a normal user of the Department of Industry website can
make a presumption that the material is licensed under the kind of
open-government terms described on the Attorney General's Department at
[1]http://www.ag.gov.au/RightsAndProtection....
Please be advised material published on the department’s public websites
is subject to terms of use, which includes information about the use of
copyrighted material. These terms of use are available through the
‘Website legal notices’ link in the footer section of each page of the
website. These notices may be accessed directly through this link:
[2]http://www.industry.gov.au/AboutUs/Legal...
We confirm that no other documents have been identified as being within
the scope of your request. Accordingly, the department will not take any
action to process your request under the FOI Act.
Kind regards,
FOI team
Legal Services Branch| Corporate Network
[3][email address]
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Department of Industry | [4]www.industry.gov.au
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FOI Coordinator
Legal Branch
GPO Box 9839
CANBERRA ACT 2601
Dear FOI Coördinator,
Default copyright position on departmental web documents
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Thank you for your reply of 24 November 2014. The link that you posted contained all the information that I was looking.
Yours faithfully,
Mark R. Diamond