Drones in research webinar #1: An eye on legal, ethics, safety and privacy - 20 Jul 2017

Video thumbnail (Frame 0) Video thumbnail (Frame 922) Video thumbnail (Frame 1797) Video thumbnail (Frame 6478) Video thumbnail (Frame 13459) Video thumbnail (Frame 17172) Video thumbnail (Frame 18062) Video thumbnail (Frame 19167) Video thumbnail (Frame 22472) Video thumbnail (Frame 28571) Video thumbnail (Frame 30135) Video thumbnail (Frame 33632) Video thumbnail (Frame 37119) Video thumbnail (Frame 38950) Video thumbnail (Frame 41095) Video thumbnail (Frame 42301) Video thumbnail (Frame 43145) Video thumbnail (Frame 47057) Video thumbnail (Frame 48679) Video thumbnail (Frame 52365) Video thumbnail (Frame 56720) Video thumbnail (Frame 58994) Video thumbnail (Frame 64182) Video thumbnail (Frame 66214)
Video in TIB AV-Portal: Drones in research webinar #1: An eye on legal, ethics, safety and privacy - 20 Jul 2017

Formal Metadata

Drones in research webinar #1: An eye on legal, ethics, safety and privacy - 20 Jul 2017
Title of Series
CC Attribution 4.0 International:
You are free to use, adapt and copy, distribute and transmit the work or content in adapted or unchanged form for any legal purpose as long as the work is attributed to the author in the manner specified by the author or licensor.
Release Date

Content Metadata

Subject Area
This one hour webinar is the first in a series of 2 webinars which aims to raise awareness on legal and privacy issues and also to provide an understanding of public safety and community attitude under current Australian law when deploying drones into the research. Speakers: 1- Considerations for marine research drone operation on the Great Barrier Reef: Melanie Olsen (AIMS) 2- The privacy implication of using drones under current Australian law: Prof.Des Butler (QUT) 3- Drones and geospatial data: A look at the legal and ethical issues [IP and copyright]: Assoc.Prof.Leanne Wiseman (Griffith University) Who would benefit from attending: -Data managers and Data Librarians -Data scientists, analysts, developers and technologists -Researchers (Academia, Industry and Government) -Environmental & geoscientific research data community -Research Office, Ethics committee members, Legal counsel for institutions
Physical law Structural equation modeling Series (mathematics) Information privacy Demoscene Information privacy
Operator (mathematics) Directory service Associative property Computer programming
Trail State observer Greatest element Variety (linguistics) Range (statistics) Coroutine Archaeological field survey Water vapor Term (mathematics) Different (Kate Ryan album) Operator (mathematics) Green's function Videoconferencing Matrix (mathematics) Software framework Series (mathematics) Random variable Rhombus Physical system Area Domain name Standard deviation Touchscreen Regulator gene Reflection (mathematics) Surface Bit Process (computing) Telecommunication Website Right angle Quicksort Pressure Computer worm
Principal ideal Standard deviation Multiplication sign Source code Workstation <Musikinstrument> Contingency table Water vapor Mereology Proper map Public key certificate Computer programming Cuboid Series (mathematics) Physical system Area Collaborationism Curve Workstation <Musikinstrument> Constraint (mathematics) Regulator gene Data recovery Closed set Moment (mathematics) Physicalism Bit Lattice (order) Demoscene Process (computing) Telecommunication Self-organization Website Configuration space Procedural programming Spacetime Point (geometry) Game controller Overhead (computing) Regulator gene Data recovery Streaming media Distance Bit Scalability Field (computer science) Number Product (business) Term (mathematics) Operator (mathematics) Computer hardware Computing platform Domain name Operations research Time zone Standard deviation Cellular automaton Surface Chemical equation Operator (mathematics) Planning Contingency table Limit (category theory) Software maintenance System call Database normalization Event horizon Integrated development environment Computer hardware Pressure Domain name Inductive reasoning Computer worm
Time zone Game controller Group action Regulator gene Real number Reflection (mathematics) Process (computing) Different (Kate Ryan album) Band matrix Operator (mathematics) System programming Energy level Integrated development environment Simulation
Ocean current Presentation of a group Proper map Physical law Directory service Information privacy Wireless LAN Information privacy 2 (number)
Point (geometry) Dependent and independent variables Information State of matter View (database) Physical law Civil engineering Data storage device Information privacy Cartesian coordinate system Information privacy Medical imaging Digital photography Different (Kate Ryan album) Videoconferencing Self-organization Commitment scheme Physical system
Group action Overhead (computing) Confidence interval Public domain Information privacy Element (mathematics) Medical imaging Causality Term (mathematics) String (computer science) Boundary value problem Energy level YouTube Area Information Archaeological field survey Physical law Line (geometry) Limit (category theory) System call Information privacy Type theory Category of being Arithmetic mean Uniformer Raum Telecommunication Quicksort Resultant
Sakoku Group action Confidence interval Different (Kate Ryan album) Optics Physical law Software testing Information privacy Information privacy
Building Greatest element Group action Overhead (computing) Civil engineering State of matter Multiplication sign Physical law Bit Information privacy Limit (category theory) Expected value Medical imaging Personal digital assistant Natural number Operator (mathematics) Authorization Right angle Contrast (vision) Quicksort Window WinAmp Row (database) Form (programming)
Group action Civil engineering State of matter Multiplication sign Visual system Online help Data storage device Information privacy Medical imaging Statute Causality Information Form (programming) Area Information Physical law Civil engineering State of matter Uniform convergence Bit Group action Statute Information privacy Causality Event horizon Personal digital assistant Internet service provider System programming Spacetime
Category of being Proper map Interior (topology) Physical law Range (statistics) Interactive television Speech synthesis Directory service Perspective (visual) Position operator
Area Regulärer Ausdruck <Textverarbeitung> Table (information) Regulator gene Divisor Information Multiplication sign Physical law Expression Materialization (paranormal) Information privacy Raw image format Mereology Thresholding (image processing) Information privacy Product (business) Digital photography Term (mathematics) Ideal (ethics) Figurate number Table (information) Compilation album
Complex (psychology) Context awareness Physical law Range (statistics) Set (mathematics) Motion capture Vector potential Digital photography Category of being Medical imaging Digital photography Personal digital assistant Term (mathematics) Different (Kate Ryan album) Authorization Right angle Selectivity (electronic) Quicksort Table (information) Freeware Compilation album
Service (economics) Theory of relativity Information Multiplication sign Physical law Design by contract Set (mathematics) Term (mathematics) Information technology consulting Category of being Type theory Medical imaging Digital photography Personal digital assistant Term (mathematics) Hypermedia Internet service provider Operator (mathematics) Authorization Right angle Resultant Computing platform Address space
Context awareness Service (economics) Virtual machine Combinational logic Similarity (geometry) Set (mathematics) Design by contract Analytic set Raw image format Product (business) Formal language Force Causality Different (Kate Ryan album) Term (mathematics) Operator (mathematics) Software testing Traffic reporting Address space Compilation album Overlay-Netz Service (economics) Proper map Mapping Information Suite (music) Digitizing Shared memory Operator (mathematics) Cloud computing Line (geometry) Instance (computer science) Term (mathematics) Similarity (geometry) Type theory Category of being Process (computing) Software Personal digital assistant Internet service provider Statement (computer science) Software testing Right angle
Trail Context awareness Service (economics) Information Operator (mathematics) Set (mathematics) Design by contract Client (computing) Term (mathematics) Digital photography Message passing Term (mathematics) Operator (mathematics) Information
welcome to the drones in research webinar series my name is Nelson Mandela Patti and my co-host today my colleague Karen Weiser is behind the scenes a co-hosting the webinar with me today's webinar topic is on an eye on legal ethics safety and privacy this one-hour webinar is the first in the webinar series and today's webinar will look into the consideration of special licensing requirements privacy implications or drone usage and recommend Australian law and legal or other ethical issues surrounding drones and geospatial data now I would also
like to thank acknowledge the Commonwealth Government for their support of the ants under increase program now I would like to introduce
our speakers Melanie Olson she's the team leader for Australian history of medical science professor best Butler from Queensland University of Technology associate professor Lee Anne Weismann from Griffith University now I would like to hand over to Melanie for a topic on cancellation of Marion research drone operations on the Great Barrier Reef thank you very catty Australian Institute of
Marine Science where marine science agency I'm based in Townsville Queensland and on the screen now you can see we have three sites so Parfum and terms of loans the tracks that you can see refer to where our main areas operations are which is off the coast and main research vessels so we deploy our drones off our research vessels to support our marine scientists and understanding the impacts and pressures on the Great Barrier Reef and other marine parks around tropical Australia so I leave the
engineering team for technology development and we're in the process of collaborating to deploy a layered observation framework so that encompasses drones but there's actually a lot more to it which makes a job a little bit a little bit tougher in that we can't just considered range independently we have a small operations team we have to comply with a variety of regulators such as Casa answer for in water and also Marine Park Authority so it doesn't make sense for us to adopt one framework just to reflect castle regulations we have to make sure we're scalable across all the different domains so I've got on the screen here just to give you an example of some of the technologies we are exploring to both deploy from our research vessels or land sites around Australia we have to try and cover a huge range of areas from otach areas or way up to Cape York across to Ningaloo reef Darwin gulfs Carpentaria - huge ground to cover so we're working with Boeing for example to look at that fixed-wing scanning of drones deploying those at different sites across the strait from routine marine observations as well as multicopters variety of multicopters so your standard commercial DJI phantom series drones as well as matrices areas or inspire to a variety of different scientific payloads on there but typically imagery hyperspectral or red green blue traditional imagery for communications as well as scientific research drones under the water so looking at remotely operated vehicles that we can throw over the side of one of our tenders well where we carry her divers in the water to do underwater surveys which we've now got Crocs and areas that they usually wouldn't have been in whn at standards continuing continually to get more stringent so we have to make sure we've got things in place so we can put a drone in the water instead of a diamond and not compromise our scientific routine datasets so we've got the RV's as well as moving into autonomous underwater vehicles and they come in and with all sorts of different requirements in the future we think for licensing but cassis definitely got the lead for that so we're trying to adopt similar standards across the underwater and a demeans I've also got a couple of pictures there we're looking at automated surface vessels - which again have different safety issues for deploying an area of operation particular shipping channels and other things that we toba Hinde our own boats such as in the bottom right hand corner there you'll see that's one of our video systems they're come in with their own safety issues that we have to consider so they mentioned just before we're
adopting a layered approach for regulatory compliance which Jimmy is focusing on the principal so the whole point of having a regulator there is to make sure that we're safe to both people equipment in the environment so we're focused on managing risk in everything we do and streamlining our overheads both within our own team our own agency but also for our regulators so the unmanned fleet continues to grow we have to make sure that it's scalable and we can maintain the overheads as I'm sure you guys are all aware there's a lot of paperwork overheads of setting up licenses and making sure that we're we're consistent enchantee to the requirements on those licenses but we're making sure that as much as possible reckon systems across the air sea and subsurface demeans so three main facets that you're going to make sure that our operators are competent and authorized so on our license scenes I've got an unmanned aerial vehicle UAV operations license with cattle and sheep land under there we've got some constraints and we we make sure that we have an induction process for our pilots around drones they have to have a standard remote we already own off a fly things we generally go up to 25 kilograms in our fleet for our licensing and generally we're a little bit more stringent in that we have to land on meeting vessels which has its own complications for drone so you can't just say go home because home is no longer home and it will be hovering over the ocean so we've got to make sure our our pilots are aware of that and when things go wrong you have to think a little outside of the box than you normally would if you're operating drones on a fixed land site so we make sure our pilots go through an induction program and they have a number of hours that they have to log 10 hours for a standard major ships deployment and then we track hours according according Li into the future all of activities have to be pre-planned and approved internally by our chief pilot or Chiefs drone cell so with that we've got standard operating procedures mission planning requirements so if it's waypoint driven then we've got different keep at times we have to look at for example around the ship to do with the shipper ship access to know what's going or operating in for example the Ames Cape Cleveland site it's in a PR design so we have to notify palliation regiment if we're the questline so we don't get a tional accident or vice versa so we have to make sure that activities are approved and authorized in advance likewise from engineering so we're really worried about people safety but also when our treatments are come back in fact so we always make sure our hardware and configurations tract of each of our different drones and to see person making sure it's certified correct and operational so everything guaranteed as much as we can that the performance of the drone will be in oil is consistent with what we think it's going to do and things going on whether weather gets in the way but if weekly checks and balances in place and we haven't lost a drone today so we sure will happen the future but we're doing everything we can to make sure that it won't happen we've also got the different regulators so Casarez always the most stringent and answer is catching up and I believe as a primer surface vessels become more more common or if you have a look at the hobbyist space at the moment going underwater with open are easy and a few of those other initiatives that they'll catch up pretty quick and so we're ahead of the curve we can both implement some of these standards and requirements as well as making sure we comply with them instead of having to redo all of our paperwork again when they come in place interesting is a Great Barrier Reef we have to have a separate term the corporation so Ames is a certified not status ladies but go status as a research organization which means we can fly drones for research up to five kilos I believe is without a special permit however as we go bigger than that which we are in the future or even now attesting drones in that space we need to make sure that with get permits to fly in the appropriate Marine Park zones that's equivalent at Ningaloo rad islands through those other places or traditional owners - it's going to make sure that we comply with all their requirements and make sure we get permits in advance before we commence drone operations so there's a whole lot of things to think of them we adopter Ladd approaches we're trying to do within a streamline it as best that we can for for our team and also our collaborators other things for flying at
sea to consider with mission planning is generally don't have this accurate weather forecasts others see and still have a whole series of researchy weather station for each stream live data back to base but the ships typically don't stay right this other weather stations so things change in the field and we have to have procedures in place to determine what cell what's our pressure hold for taking off an aircraft and making sure we don't fly in a potentially unsafe configuration with that so we have a chief pilot on board and they'll make the call as to whether we can operate or not in really rough oceans it's also an issue because we're trying to land on the ship so we do have a platform that the dream to land on but it is quite a chance to try and get that trying to land accurately on that platform and with our smaller vessels that we do hop into tender sometimes and go close to a physical desert multicopter short-range multicopter you go close to where you want to get your aerial footage from and we have to make sure that we can safely land that multicopter back on back on the vessel in close proximity of the pilot so it's actually launching from a tender and recovery is quite a quite an art sometimes from our major ship food going through its problems is a lot of all things you have to try and consider when you're operating in the marine domain offshore communications is another one so we're doing a fixed-wing aircraft deployment such as the ScanEagle products got to make sure that we can actually get proper seat check on commander control signals back to base and have redundant back walls there so if something goes wrong we can maintain castle certification certification catheter compliance make sure we're safe for both the vehicle and other other aircraft operating in the area so we do that through contingency plans and planning in advance and having sure making sure that we're able or if we enable the chief operator and forward to be able to make it to make sure that we comply operating safely within the vehicles limits we also make sure we get redundancy as best we can source bedrooms on board or stair parts and making sure our payloads which are generally quite expensive are bussed enough to handle as if we have to in the water or we have enough to do that today one - I just wanted to show that there's
a staged process here so going to get expensive - the pilots get expensive so we're quite fortunate we have a control zone here we do our technology development testing a different technology readiness levels before we go out at sea so you know look here we'll go out further out to the ocean to have David through sight and we've got a pilot technology and tested or for going more operational transitions and for hand over to our operational scientific we will go out to Neverland roofs which is more remote and more reflective low-power research vessels cooperate but the whole truth is we're trying to make sure we do things safely we don't
compromise the equipment we don't compromise the regulator's and we can
operate at sea now and into the future and we've up with technology as it
continues to evolve okay thanks mainly and now it's time for
the second presentation I would like to
hand over to over a second presenter professor Dez Butler on the topic privacy implications of using drones under current Australian law yes well
hello everyone I I'm talking today about the privacy implications of using drones in Australia now Australia is a signatory of an International Covenant on Civil and Political Rights which
provides that as a signatory we are to provide in our domestic systems adequate protection against interference with privacy which sounds all very I grained but in actual fact it hasn't worked out quite to be so comprehensive our privacy in Australia
can be reflected in three respects the first which is privacy of information and that in in fact is as far as we go from a government point of view in response to those obligations its manifest in the Privacy Act again very grand sounding but all it does is describe a system which is called the a PPS the Australian privacy principles which govern the collection of personal information and the use of disclosure of that information storage and and so forth personal information is being defined as including images of someone information from which you can identify a person that includes their the video or photographs of them and so those laws apply to Commonwealth agencies and so if you're a researcher working for a Commonwealth agency you'll be caught by those laws or a private organisation with the turnover of three million dollars or more so there's going to be a lot of small private organizations where those laws have no application at all if you're working as a researcher for state agency then you'll be governed by the state laws and they mostly apply something called the IPPS the information privacy principles which also govern the use of disclosure and storage of information similar to the AP piece but not exactly the same so some minor and technical differences there that perhaps may have some significance in practice so when it comes to the
other areas of law privacy of communications or something we might otherwise call privacy from surveillance and lastly personal privacy
so they are the areas of privacy that we are concerning ourselves when we talk about the types of laws the govern privacy in Australia now if we look at personal privacy Australia is the only
major loyal country and the common-law countries tend to be in the Commonwealth countries that doesn't have a cause of action that protects privacy I instead what happens in Australia is that we have to rely that is anyone that has their privacy invaded would need to rely on the old common law causes of action so things like trespass the land or something called private nuisance now a trespass to land is an unlawful interference with the land in the possession of another so that has its limitations a drone that is flown outside the boundary line but which is still filming something happening on the property does not commit a Christmas if someone is only a visitor to the property may be sunbathing in the backyard they would not have a cause of action for trust because they're not in possession of the land that's our notion of possession of land the land extends only to the height of what's known as a reasonable user so if the drone is flown at a height that is about that no trespassers committed what is the height of a reasonable user how long is a piece of string it's it really depends on the circumstances it would be certainly above roof level and some height are beyond that and when it comes to disclosure there are at least two types of of intrusion when it comes to or invasion when it comes to the common law we might think of it in terms of an unreasonable intrusion on someone's privacy and then a disclosure of any information that's going as a result of that intrusion and those types of invasions may be intentional or unintentional so it would be possible for example for a drone to unintentionally I capture the image of someone but then for that information for some reason to be uploaded to YouTube which would be an intentional disclosure it would be possible if we're looking at someone that's just bought a drone from a JB hi-fi to film the neighbour that would be an intentional intrusion and then to upload it to YouTube would be an intentional persuasia so when it comes to disclosures the only action really in Australia is something called a breach of confidence our breach of confidence needs information with a quality of confidence so that information to be obtained in circumstances importing an obligation of confidence and our use either actual or threatened now NZ any sort of intimate activity might be regarded as having a quality of confidence and the fact that it can only be recorded using some sort of surreptitious means which might include flying a drone overhead would satisfy the second element but once that information gets into the public domain so by being uploaded to YouTube then really the confidence is lost so very limited circumstances that someone can bring an action for breach of privacy under our common law so trespass to land
private nuisance and the breach of confidence being the the actions that someone may have available to them when
it comes to privacy from surveillance
there are eight jurisdictions in Australia five of those Northern
Territory West Australia South Australia New South Wales Victoria they have now passed laws that govern optical surveillance devices that would cover our cameras that are mounted on drones whereas the other three Queensland a CT test mania really haven't stepped into the 21st century though it's still got laws that only apply to audio devices and so flying a drone in any of those three jurisdictions it's not going to be caught by the surveillance laws and then when we look at the the other five places the laws there unfortunately are not uniform and so to illustrate the differences I just got some examples
there for you at the top one there back in May this year made 2017 in Sydney a lady stepped out of the shower in her fifth floor apartment looked out the window and saw that she was being watched by a drone now the building I've gotten the image there is only four storeys tall but you can appreciate that in the old days then you might have expected expectation that are you would have our privacy unless you were surrounded by buildings of a similar height and that you kept curtains over the image to the right there of the back yard I you might see in the in the top right side is that image they've got a six foot four six foot pool fence in the old days that I'd have been expected to give you some expectation of privacy not so today if you fly a drone overhead and the last image there is and I should mention in April this year 2017 in Darwin there was a lady that came home from the gym went skinny-dipping and looked up and saw the she was being filmed by a drone the last image at the bottom there is bush land it's possible to have a an expectation of privacy even a public place like that back in June 2012 there was an Austrian politician who are stopped his car and ventured into the the deep woodlands with his partner and they're engaged in what was described as an explicit sexual encounter unfortunately he was doing that in front of a camera trap and the things that are set up to monitor the activities of little fairy animals and the researchers there got a little bit more than what they expected while that wasn't a drone case you could imagined that a research drone could just as he equally is caught similarly images so let's set up something of a scorecard on how the surveillance laws in Australia might handle those various
situations well we can put up there straight away the fact that in Queensland Tasmania the HCT with their laws only applying to listening devices that are they would provide no prohibition on filming we can answer that is our failed surveillance laws even though they apply to video devices their laws only prohibit the use of a surveillance device on premises or in a vehicle where they've been placed there without the consent of the owner or the occupier by contrast w-a and the Northern Territory are prohibit the recording I in each of those situations so the lady that went skinny-dipping in her backyard pool in the lawn territory would have had would have been able to invite the Lord there if she had known who the the operator of the drone was and that's another issue besides all of these things is the time unless you know the owner or the operator of the drones might be very difficult to see any sort of Rickles and finally for the other two states Victoria would only apply to the situation of the person stepping out of the shower in the apartment because their laws do not apply to anything occurring outside of a building and in South Australia their laws don't apply to anything happening in public so they would not apply to video film of the bush land the other difficulty for persons who have had their privacy invaded in all of these situations is that it's only a prohibition a criminal offence if the authorities take action there's no civil remedy for anyone who's had their privacy invaded there's no way that they can get a remedy in the form of compensation or something of that nature okay so because of those limitations in each of those places we
have had five Law Reform Commission's that have recommended that they should be at some time in the future a statutory cause of action and acted which provides a civil remedy for someone who's had their privacy invaded either in the form of an invasion an unreasonable invasion or a disclosure of their public facts the the private facts to this day no government has acted on those recommendations we've had a House of Representatives inquiry into drones which has made a similar recommendation again nothing's come of that we currently have a Senate inquiry that's looking into the question of drones one of the issues they're going to be looking at is privacy so we will see what comes of that with their recommendations and what what action government may or may not take so this is then a summary of of the situation
with Australia's privacy laws that we did have this that we do have this international obligation the most we've done is under the Privacy Act to provide laws governing the collection use disclosure of private information which applies to images but they only apply to comm of agencies private agencies with a turnover of three million dollars or more state laws apply to state agencies common law doesn't provide much help I in in the case of images that might be taken by drones there are surveillance devices laws in five Australian jurisdictions but they're inconsistent three Australian jurisdictions don't have any at all there have been these recommendations it's a case of watch this space with those but to this day nothing's come of them and maybe nothing ever will and I've added there an article that I've written that says examine this this whole area so I've got there with the reference I in case you'd like to look at the detail a little bit closer so there you have it that's the law of privacy as it applies to drugs thank you so I'll mute myself now and
ask if you can unmute yourself and then pass over to our final speaker as you'll
see I'm Leanne wise when I'm at Griffith University and I'm involved in the Estonian Centre for intellectual property in agriculture so I've been looking at drones from the legal perspective largely in a large range of users agriculturally I've been particularly asked to speak today about geospatial data but essentially the legal position around the use of drones really from a copyright perspective which is when we look at the issue of the law and how at interior interacts with drones essentially we're talking about the law of essentially as we heard
from Melanie and Dez we've got the castle regulations deser spoken about privacy and what I thought was most useful is today to focus on copyright law because essentially when you're talking about using drones to capture imagery whether it be photographs or aerial photography essentially the subject matter that is collected on the surveillance technology on the drone will be the subject matter of copyright essentially so I thought it best to just go through some principles around
copyright and on then happy open up obviously and take questions from you as well depending on your particular areas of interest just a couple of basic kind of guiding principles about copyright law and most of you will be familiar with this is is that copyright law essentially only protects the expression of the idea and so not an idea itself so it has to it will subsist in something that's tangible and physically it has to have some materiality so that's why we look at the subject matter of copyright will attract to either a photograph because that's considered to be an artistic work under the Copyright Act or in terms of film footage that's viewed as subject matter what's known as subject matter other than works and there under part four of the copyright active as cinematograph films essentially so if we focus on photographs and films probably today as being the tangible products that are being captured by aerial surveillance used on drones one important factor is the fact that copyright won't protect raw data or raw facts per se so when we talk about raw data we're talking about it in a legal sense and I know that you as data scientists will probably have a slightly different take on this but the law takes the approach that raw facts and figures are generally not able to be protected by copyright they are two lower threshold and there's no originality in the collection of pure pieces of information so generally raw data so if we're talking about you know raw tide times or sunrise sunset times or just geological information by itself then that wouldn't be able to be protected by copyright but where copyright does step in is where those tables where data is actually created into datasets and becomes what the law recognizes as a table or a compilation so copyright law essentially won't protect what the law recognizes as raw data but copyright law does protect the table and compilation of data so essentially when we're
talking about data sets and the collection of data sets from Jones if it's a collection of of data that has a selection and arrangement attached to it then the law will protect that as a copyright work and essentially a table and compilation of data sets will be viewed as a literary work under copyright law so a copyright owner then has the right to control the use of that data set and they could for example license that data set to another party for use whether it's for free or for payment as Melanie said those I'm quite complex licensing arrangements around one of the data sets but as I mentioned so we can talk about aggregated data sets or the actual photographs and film footage and all of these three broad categories are recognized copyright as copyright works so if we look at the
most of the controversy arises in copyright about who actually has ownership of the copyright work the general approach in copyright law to ownership is that the first owner of certain copyright works will be the copyright owner of those works and that's certainly the case with photographs so the first owner of the photo will be the person who took the photo so if you're thinking of a normal situation that would normally be the photographer and as Dez mentioned the the person who is actually in the photo the subject matter of the photo has really no rights with respect to the copyright the ability to control the use of that resultant photograph so how copyright works copyright subsists in the image itself not in the subject matter of the image so the copyright owner then has the ability to exploit that image so it might be to reproduce it or to digitize it and place it online for example and that will be the photographer so in the context of a drone usually because say whether it's an an iPhone camera or a different sort of camera that's attached to a drone then it will be the capturing of the image will occur through the technology itself so it will really be govern the ownership of that image or in some cases the film footage will be governed by the terms of use of the particular technology that you're using so copyright law always requires a human author for there to be copyright but success in any work so you might remember that controversy a couple of years ago about where monkeys stole the photographer's camera took the camera into the cage and then took a whole range of selfies and then it was an issue of who could own the images that the monkey took of itself it actually was litigated in the States and it was reconfirmed that without a human author there would be no copyright subsisting in those photographs because if the monkey was the one who took the photos a monkey is not a human therefore he cannot be or it cannot be an author under the Copyright Act so essentially one of the guiding principles as I said
this is essentially the same with film so under copyright law the first owner of a film will be the actual maker of the film usually the director or the producer and again you need a human author but under copyright law what's
important to note is that you are allowed to contract out of the provisions of the Copyright Act by virtue of a contract so regardless of who the copyright access will own the image whether it's a photographer or the maker of the film for example you can vary that legally by entering a to a contract to the contrary so what we're seeing in the use of most technologies nowadays and if you think of social media platforms or any digital contracts it is essentially the contract between the user and the technology provider that will govern the terms of ownership of the essentially the copyright works so it will be very much the terms of use that are entered into between the individual and the either the technology provider itself whether it be the drone manufacturer or whether it be in some cases a third party for example you may engage a consultant or a contractor to come onto your property to operate drones and collect imagery and data sets in relation to aerial imagery if that's the case it will be your your contractual arrangement with that consultant or that contractor so a lot of the times these arrangements are entered into as social social arrangements but informal verbal arrangement for example then it may not be a whole lot of paperwork that's evidencing the discussion around the use or the scope of the works that are being done but what's very important is that if in absence of any discussion around who will own the imagery from the use of drones then it will be the copyright law who will determine who alone and in most cases the copyright law will say whoever operates a drone or whoever has owned for technology will own the resultant footage datasets or or photographs and what what it might be so there's a particular contractual relationships under the Copyright Act for employees and employers so if an employee is the drone operator and you are employing them to do that then if that's an employment relationship as opposed to a contractor one-off payment to service type arrangement then as an employer you may have ownership rights over the imagery in those situations so basically to put it simply essentially it's always the terms of use
of the technology that will essentially govern the use the copyright works that will be generated from the drone technology so essentially what we're seeing particularly in the agricultural context is a very similar line that's happening with the new digital precision agricultural technology such as attractive with all of the embedded technologies essentially what we're seeing is farmers who are turning on their tractors by turning on the vehicle you agree to the license that's embedded into the technology that drives the tractor and that is extracting the data and perhaps beaming it straight up to a cloud-based service if those licenses are often entered into farmers when they turn the machine on or if you're thinking of a software service when that software is downloaded as well so what we're seeing is that where we've got larger larger drones basically with really complicated technologies embedded in it usually the drone operator themselves perhaps I'd be owning will only be owning the physical equipment and not the actual have no rights to the technology that's embedded into the equipment and so again it comes back to the license agreements in these cases so what some of the clauses that I've seen
in some of the license agreements I've just given you a sense of some of the types of clauses that you might come across as often in these types of license agreements with these new technologies clauses are around ownership and often they'll be statements about you will be the owner of all of your intellectual property rights what's interesting to note is if you're talking about IP and you're talking about intellectual property intellectual property basically is the umbrella term that covers copyright trademarks patents so it doesn't most definitions of intellectual property will not cover data so what's really important if you've agreed that you are the owner of your intellectual property often that won't address raw data it may address and incorporate collections of compilations of data that literary works that would be covered under copyright so just the language of intellectual property isn't really broad enough to cover data in all instances so when you see a clause such as the first one you should be you'll be the owner of all intellectual property rights to the data that you provide to all maps graphics and reports what's really interesting about that is that often these types of claims are made but that can't be really that's not necessarily correct because if you are using a third parties in map for example and you're overlaying data from your drone operations onto another map then you've got more complicated copyright issues because essentially the map that's been given to you unless you've had a license or permission to use that map to overlay your information on it you've got different sets of copyright essentially that you'll have to deal with it so it's it's important that you understand what these some of these causes are trying to say often there'll be provisions in the contract without testing provisions as well that they'll be able to use the data that's been collected for the purposes of performing technical services or testing or improving or analytical processing of your equipment what we often see is that any derived data will actually be owned by the company so this may be a combination of data that may be from one person's property combined with another person's property and where that's aggregated then the aggregated product may be owned by the technology provider the issue of access and who's accessing the information is also one that's caused some concern within different industries and that is very much a case and where there's a lot of cloud-based services being used where that information is being stored from surveillance attached to join technology that again it will be the license that will determine who can make access have access to that information and how far we've even with send clauses that say we will share this data with our affiliates and in some cases their affiliates as well so you can see how broad that third-party sharing can go can go on so essentially what's really probably the most
important message is for those who are operating drones for the purposes of gathering data sets and surveillance and aerial and obviously in the research context that it's very important that you understand the licenses that are being entered into because it'll be the license generally that will govern the ownership most times the researchers and these people who are providing the services tend not to have those discussions about upfront before the services provided about who can use the information that's been collected whether it's imagery or photographs or datasets for example and best practice in terms of Licensing is that those issues need to be addressed and dealt with at the start of any commercial relationship rather than somewhere down the track so you'll notice that even though you're researchers and you're using some of these technologies for research that unless there's research exemptions in your license agreements with these commercial operators that research per se is not really a ground for claiming you know permission to use datasets if you don't already own them under the contract thanks Leon I would
like to say thank you or thank you all
our speakers Melanie dis and Lee Ann and thank you for attending to this webinar