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]

———————————————————————

Department of Industry | [4]www.industry.gov.au

 

Legal In Confidence - This transmission is intended only for the use of
the addressee and may contain confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you have received this transmission in error, please notify me immediately
by telephone and delete copies of this transmission together with any
attachments.

 

-----Original Message-----
From: Mark R. Diamond [mailto:[FOI #786 email]]
Sent: Sunday, 26 October 2014 2:02 PM
To: Freedom of Information
Subject: Freedom of Information request - 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

-----------------------------------------------------------

 

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
[5]http://www.ag.gov.au/RightsAndProtection...

 

For instance, searching through the departmental search page, I found a
spreadsheet on business innovation at
[6]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
([7]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

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[8][FOI #786 email]

 

Is [9][Department of Industry, Science, Energy & Resources request email] the wrong address for Freedom of Information
requests to Department of Industry? If so, please contact us using this
form:

[10]https://www.righttoknow.org.au/change_re...

 

Write your response as plain text. Only send PDF documents as a last
resort. Government guidelines make it clear that PDF is not an acceptable
format for you to use in the delivery of government information.

[11]https://www.righttoknow.org.au/help/offi...

 

This request is being made by an individual using the Right to Know
website. The unique email address provided by the service for this request
satisfies s.15(2)(c) of the Freedom of Information Act.

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[12]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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References

Visible links
1. http://www.ag.gov.au/RightsAndProtection...
2. http://www.industry.gov.au/AboutUs/Legal...
3. mailto:[email address]
4. http://www.industry.gov.au/
5. http://www.ag.gov.au/RightsAndProtection...
6. http://www.industry.gov.au/science/polic...
7. http://creativecommons.org/licenses/by-s...
8. mailto:[FOI #786 email]
9. mailto:[Department of Industry, Science, Energy & Resources request email]
10. https://www.righttoknow.org.au/change_re...
11. https://www.righttoknow.org.au/help/offi...
12. https://www.righttoknow.org.au/help/offi...

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