On the subject of Local councils
Thong Kuah
David Friggens
I was wondering something similar about public library data:
http://www.lianza.org.nz/resources/tags/statistics
I can't see any copyright notices around them... :-/
I was also wondering if this dataset would qualify as "from New
Zealand central or local government" - LIANZA isn't a government
organisation, but it's a compilation of data directly from (central
government) libraries.
Since I won't have time to do anything additional with this in the
next few weeks I raise it in case others would find it interesting
(and in looking forward to next time).
Cheers
David
Mix and Mash Admin
David, we believe that public libraries stats datasets do count because they have been generated by and are about local govt funded Public Libraries. My understanding is that the individual (local govt) public libraries gather this data and it is then aggregated by LIANZA.
I'd encourage you to contact LIANZA to get clarity on whether your proposed use is ok with them - ad...@lianza.org.nz - and emphasise that you have a deadline. I'm going to email them directly also to encourage them to display a useful statement (and hopefully a CC license!).
Thong, we're conferring on your question about the recycling data snippets. We'll get back to you on that soon.
Also, I don't understand your other question "On a slightly related note, would "Commercial" apply to entering the mix and mash competition?" can you please expand on that so we can help you out?
Cheers
Fiona
Tim McNamara
> I'm wondering how feasible is doing a mashup based on Local council data.
> Some of you might have seen this helpful compilation of copyright by Tim
> Mcnamara
> - https://docs.google.com/spreadsheet/ccc?key=0Aq_3OYelM4ZUdDFrYnl0LWlYOVFubkpydGRHWHdSbEE&hl=en_GB#gid=0
> - which shows a very sad state of affairs for local councils
> If I take a few snippets of data - namely - things you can recycle in your
> council provided recycling, would that be allowed under Mix and Mash rules
> and the Copyright Act ? I am aware we are heading into "facts
> copyrightable?" territory.
Probably not. It would turn on the facts. Copyright wouldn't be able
to prevent you from distributing information about which recycling
services are provided. But, copyright could prevent you from copying
the works published by the council. A copyright work includes the
text, styles, formatting and so forth to create a work as a whole.
It's that work which is restricted, not the information it contains.
> On a slightly related note, would "Commercial" apply to entering the mix and
> mash competition?
You will probably be fine. However, my assumption is that this test
will be similar to your tax position. Whether you're engaging in a
commercial pursuit depends on your intentions, not whether you
actually make or sell anything. If you are building a product for the
purpose of making money, then it's a commercial venture.
This is especially important if you're planning on making a jump to
the mentorship process after the competition. Emphasis on the word
planning. If you're sued by a rights-holder and they find out that you
were intending on making money over the long-haul, then your (free)
service could be found to be a commercial one.
That said, have fun convincing a council's Chief Executive that they
should take you to court over spreading messages about recycling.
Y. Thong Kuah
On Wed, Aug 31, 2011 at 8:33 AM, Mix and Mash Admin <in...@mixandmash.org.nz> wrote:
Thong, we're conferring on your question about the recycling data snippets. We'll get back to you on that soon.
Also, I don't understand your other question "On a slightly related note, would "Commercial" apply to entering the mix and mash competition?" can you please expand on that so we can help you out?
Best regards,
Y. Thong Kuah
Tim McNamara
> The word "Commercial" appears in CC-NC and other licenses. Let's restrict it
> to CC for this case. I am interested to know the organiser's opinion on
> whether a Creative Commons Non-commercial license is allowed under the
> competition rules?
I'm not an organiser, but the word commercial in the CC licence is
narrower than my previous message. NC restriction prohibits you from
selling the content. It doesn't prohibit you from making money from
around the content.
Mix and Mash Admin
"Non-Commercial" is defined in the relevant Creative Commons licences as follows:
“Non-Commercial” means “not primarily intended for or directed towards
commercial advantage or private monetary compensation”.
The exchange of the Work for other copyright works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed towards commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyright works.
It is for you to decide whether your use of the licensed work is, or is not, "primarily intended for or directed towards commercial advantage or private monetary compensation” as we are not in a position to provide you with legal advice.
Bearing that caveat in mind, it seems to us that, if you are using, for example, CC-BY-NC licensed material for a competition entry because you'd like to showcase what can be done with such licensed material, then your use of the material is “not primarily intended for or directed towards commercial advantage or private monetary compensation”. In other words, you would not be using the licensed
material in way primarily intended for or directed towards commercial advantage or private monetary compensation.
Cheers
Fiona