Open data and open source software have both proved to be enormously valuable to a wide range of businesses and communities. If you're in this space, you might be an agency or business pondering how to release or consume open data. You might have questions about intellectual property rights. You might be wondering whether it's okay to combine software with different open source licences or what the licences will require of you if you do. Or you might be wondering if controls need to be placed on the use of data you propose to release. In situations like these, it's important to get the law right, particularly issues relating to copyright and licensing. Issues of privacy, confidentiality, security, and Māori data can emerge as well, and shouldn't be overlooked. Having a lawyer on your side who's deeply conversant in these matters will enable you to tread the right path and avoid fallout.
How I can help
Legal expertise and practical experience: I have given substantial amounts of advice over the years on open data and open source software issues, in terms of:
- policy development, including principles to guard against re-identification of individuals and protect Mātauranga Māori
- licence development, selection, and implementation
- licence compliance
- official statistics
- drafting of contractual terms in contracts for technology solutions and services that may involve the use of open data or open source software, and
- development of data sharing and licensing agreements.
As generative AI continues to evolve rapidly, we will see open data and open licensing issues emerge there too (just as copyright and other IP issues have already arisen in relation to training inputs and generated outputs).
Experience
The work I've done in this area includes:
- development of the New Zealand Government Open Access and Licensing framework (NZGOAL)
- development of the NZGOAL Quick Guides, Copyright Guide, Guidance Notes 1-7 (Guidance Note 4 is on databases and datasets) and training videos
- co-development of the NZGOAL Software Extension and NZGOAL Software Extension Guidance Note 1
- delivery of NZGOAL training to government agencies
- drafting of data licence agreements for relief efforts in the post-earthquake Canterbury region
- legal advice relating to the founding iterations of data.govt.nz
- advising on aspects of the statistics legislation
- drafting substantial components of and negotiating a syndicated contract for a geospatial data platform
- legal advice relating to, and preparation of the terms of use for, the Forward Works viewer
- 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
- presentation on Copyright, Databases and OpenStreetMap at Open Data Sessions
- preparation of comprehensive guidance on OpenStreetMap
- drafting terms of use for websites that collect user-generated data which is to be included in the corpus of website data licensed under a Creative Commons licence, to ensure the website operators have the rights they need
- preparation of licensing and attribution statements for various releases of copyright works
- advising on copyright and licensing issues that arise in connection with the release by a government department of various operating policies and procedures
- advising government agencies on open source software licensing issues.
I also maintain a site called WP and Legal Stuff which addresses a wide range of legal issues relating to the use of WordPress. It contains many articles I've written on the GPL.
Get in touch
If you'd like to get in touch to ask a quick question or talk through a potential matter, then please do. I'd be happy to help and we can jump on Zoom or Teams if that makes things easier.