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Adoption of Creative Commons Licence

Posted by Dominic Byrne on Wed, 26 Aug 2015 15:45:23 BST

From July 2015, datasets published on Fingal Open Data are available for reuse under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0) at a minimum.

From July 2015, datasets published on Fingal Open Data are available for reuse under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0) at a minimum. See the About section of this site for details.

Creative Commons Attribution Logo

National Policy

The Open Data Technical Framework published by the Department of Public Expenditure and Reform in June 2015 recommends that "All data and metadata linked to data.gov.ie will be associated with the Creative Commons Attribution (CC-BY) Licence, at a minimum. Public bodies may waive copyright and associate datasets with CC0, if that is considered appropriate. The licence should be clearly identified in the metadata."

EC Policy

This in line with the Open Data licencing guidelines contained in the European Commission 2014 "Guidelines on recommended standard licences, datasets and charging for the reuse of documents" in support of the 2013 revised Reuse of Public Sector Information Directive

Fingal Open Data Experience

Since 2010, data has been published on Fingal Open Data for reuse under the terms of the Irish Reuse of Public Sector Information (PSI) Licence

A number of potential users of the data published on Fingal Open Data have expressed the view that the PSI Licence is too restrictive for their re-use requirements for the following reasons (highlighted in italics) –

Section 4.1.(4) (a) for the principal purpose of advertising or promoting a particular product or service;

“Not compliant with OKD 8: No Discrimination Against Fields of Endeavor.”

Section 4.1.(4) (b) for an illegal, immoral, fraudulent or dishonest purpose or in support of the aforementioned purposes;

and

(d) generally in a manner which is likely to mislead others.

“These go beyond the restriction permitted by OKD 6: Integrity. Clauses such as these make permissions ambiguous, lend themselves to capriciuous enforcement, make compatibility with other open licenses problematic, and are generally superfluous in an open license, given that users generally must follow laws against fraud, etc.”

Section 5.1. The benefit of this License may not be sub-licensed

“This clause prevents the uploading of data subject to the PSI licence to other Open Data initiatives such as OpenStreetMap which are subject to Open Licences such as Creative Commons or Open Database Licence”"submission to Licence consultation"

The adoption of the CC-BY 4.0 licence addresses these issues.

Attribution

The Open Data Technical Framework also makes the following recommendations, which have been adopted for Fingal Open Data -

Licence Statement

Under the CC-BY Licence, users must acknowledge the source of the Information in their product or application by including or linking to this attribution statement: “Contains Irish Public Sector Data licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence”.

Multiple Attributions

If using data from several Information Providers and listing multiple attributions is not practical in a product or application, users may include a URI or hyperlink to a resource that contains the required attribution statements.

Disclaimer

All data linked to the Open data portal is published “as is”. The Information is licensed 'as is' and the Information Provider and/or Licensor excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law.

The Information Provider and/or Licensor are not liable for any errors or omissions in the Information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Information Provider does not guarantee the continued supply of the Information.

Exemptions

This licence does not cover personal data in the information. Nor does it cover third party rights (including, but not limited to, patents, copyright, database rights or trademarks).

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