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Copyright, licensing, and the open frameworks that govern how data and software get released for re-use, including co-development of NZGOAL and its Software Extension.

Copyright, licensing, and open frameworks for content, data, and software. I've worked in this area since 2007, including contributing to the Guidelines for Treatment of Intellectual Property Rights in ICT Contracts, co-developing the NZGOAL framework and its Software Extension, and delivering training to agencies on NZGOAL. I am well-versed in commercial licensing arrangements, the NZGOAL review and release process and Creative Commons licensing, and open source software licensing and compliance.

01 – CAPABILITIES

How I can help.

Three pillars across copyright and licensing – in contracts, in open data releases, and in open source software.


PILLAR 01

Copyright & licensing in contracts

  • Ownership and licensing of existing and new IP
  • In government contracts, agency vs supplier ownership
  • Carve-outs for open source software
  • Drafting and reviewing licence terms
  • IP transfer arrangements
  • IP warranties and indemnities

PILLAR 02

Open data

  • NZGOAL review and release process and licence selection
  • Licensing mixed provenance content and datasets
  • Aggregation, re-identification, and the limits of "open"
  • Open content licence statements
  • Māori data considerations

PILLAR 03

Open source software

  • NZGOAL Software Extension implementation
  • Open source project assignment versus licensing 
  • Open source licence selection and compliance
  • GPL compatibility and propagation issues
  • Mixed open / proprietary release arrangements
  • Open source obligations in software development contracts

02 – EXPERIENCE

Selected experience.

A handful of representative projects involving copyright and licensing in the public and private sectors.


CASE 01

OPEN DATA

OPEN SOURCE SOFTWARE

NZGOAL and its Software Extension

Provided legal advice and drafting for NZGOAL, NZGOAL Guides, Guidance Notes 1-7, agency training and training videos, the NZGOAL Software Extension and its Guidance Note 1.


Role: A mix of in-house and external counsel roles

CASE 03

GEOSPATIAL DATA

COLLABORATIVE CONTRACT

Geospatial data platform agreement

Drafted substantial components of and negotiated a collaborative contract for a geospatial data platform used by agencies and organisations to make geospatial data available for reuse.


Role: External counsel

CASE 02

DATA LICENSING

EMERGENCY EVENT

Data licensing for post-EQ Canterbury

Drafted data licence agreements for relief efforts in post-earthquake Canterbury, enabling recovery agencies and data providers to share data for response and recovery purposes.


Role: External counsel

CASE 04

SOFTWARE

BESPOKE LICENSING

Bespoke software re-use licence

Advised on options for releasing software openly for re-use but in circumstances that required the imposition of controls for which OSS licences were not designed. Drafted bespoke licence.


Role: External counsel

SEE MORE EXAMPLES ↓

ADVICE & DRAFTING


  • Legal advice relating to, and preparation of the terms of use for, the Forward Works Viewer
  • Advising on technological protection measures, geo-unblocking, copyright infringement and related issues
  • Advising on copyright and licensing issues regarding online landcare-related services
  • Advising on use and re-use of data in an online database relating to certain kinds of geographical and geological information
  • Advising on licensing and Google Earth issues in connection with a particular online database
  • Drafting terms of use for websites that collect user-generated data which is to be included in Creative Commons-licensed website data
  • Drafting terms of use for websites that collect user-generated data which is to be included in Creative Commons-licensed website data
  • Drafting Deeds of Assignment, and other Deeds to clarify copyright ownership
  • Drafting IP provisions for a government department relating to Mātauranga Māori IP that reversed the default 'Crown owns all new IP' approach in the relevant contract and better protected Mātauranga Māori IP by conferring ownership on the creating organisation, limiting the licensed rights, requiring attribution, and expressly preserving moral rights.

GOVERNMENT POLICY AND INITIATIVES


  • Contributing to the Guidelines for the Treatment of Intellectual Property Rights in ICT Contracts
  • Legal advice relating to the founding iterations of data.govt.nz
  • Advising on copyright and licensing issues that arise in connection with the release by a government department of various operating policies and procedures

LICENSING STATEMENTS, PRESENTATIONS, AND GUIDANCE


  • Preparation of licensing and attribution statements for various releases of copyright works
  • Preparation of comprehensive guidance on OpenStreetMap
  • Presentation on Copyright, Databases and OpenStreetMap at Open Data Sessions
  • Drafting ebooks for course creators on protecting their course content, using others' content safely, and licensing content to get promotion

OPEN SOURCE SOFTWARE


  • Advising government agencies on open source software licensing issues
  • Maintaining WP and Legal Stuff — a long-running site on the legal issues that can arise in association with the use of WordPress, including many articles on the GPL and the ebook A Practical Guide to WordPress and the GPL.

Now here's a question for you. Can you feed a Creative Commons-licensed work you find online into an AI tool? If the AI tool's terms require you to grant a sublicence over the content you enter, then no – the Creative Commons licences prohibit sub-licensing.

Richard Best

03 – TOOLS I BUILT

Tools that help creators.

I've built two licensing automation tools: GPL Engines, which generate GPL-related licensing and other statements for WordPress theme and plugin creators; and an NZGOAL Review and Release Process tool that automates the full NZGOAL workflow.


GPL Engines

The GPL Engines (one for themes, another for plugins) ask a series of questions about the theme or plugin and then provides content for:

→ the style.css, readme and licence files for the theme folder, or

→ the plugin file header, readme and licence files for the plugin folder.


"I wanted to help WordPress theme and plugin developers get their licensing documentation sorted quickly. The engines are freely available on WP and Legal Stuff."


GPL

Themes

Plugins

Licensing

NZGOAL Review and Release Process

During COVID-19 it struck me that agencies might need to release content for re-use quickly. So I built and released an automated NZGOAL review and release process. It asks the right questions and then provides an output report, including the Creative Commons licensing statements needed to release in accordance with NZGOAL. The tool is now behind password protection but I use it when I need to produce an NZGOAL report and licensing statements.


"With this tool, you can undertake the review and release process rapidly, and get the hardcopy and online licensing statements you need in a flash."


NZGOAL

Copyright

Licensing

Have a copyright/licensing question?

Happy to jump on Teams or Zoom to talk it through. Just a 15-min chat to see if I'm the right fit.