AEShareNet-C - the Commercial Licence
Commercial
Licence. Requires Registration. Material Registered under AEShareNet-C
may be used, copied, adapted and distributed. But Licence
conditions may be customised by the Licensor. Eg, Licence Fee and/or Royalties
may be applied to re-distributed activity under the Licence.
On this page:
- How is a licence created?
- How is the material supplied?
- What can I do with material licensed under a Commercial Licence?
- Can the standard licence conditions be varied?
- How is the licence managed?
- Legal notice
- More information.
How is a licence created?
Any copyright material may be offered for licensing under TVET Australia’s Commercial Licence (AEShareNet-C) protocol. The licensor who makes the offer is either the copyright owner or someone authorised by the copyright owner, eg, a publisher, distributor, collecting society or other person acting on their behalf. A licensor must be an AEShareNet member. Membership is open to anyone.
Licences are mediated through the AEShareNet licensing system. The licensor extends a licence offer by cataloguing (registering a description of) the licensed material on the AEShareNet website. The material registration allows the licensor to insert ‘customised details’ in certain parts of the licence conditions.
To facilitate discovery, the licensor may also apply the Commercial Licence mark to published copies of the licensed material, with a URL link to the material registration.
A licensee does not have to be an AEShareNet member unless the licensor so stipulates in the customised details. The AEShareNet-C materials catalogue is available for viewing by anyone on the AEShareNet website. When an eligible licensee locates the desired material, they may request a licence. The licence may be transacted immediately, or after a process of negotiation on the customised details mediated through AEShareNet.
How is the licensed material supplied?
The AEShareNet licensing system is primarily a vehicle for transacting licences, rather than for direct supply of copies of the licensed material. Usually licensees have already acquired a published copy of the licensed material. However if the licensee requests, the licensor must provide a copy at nominal cost.
What can I do with material licensed under a Commercial Licence?
Under a standard Commercial Licence, you may use, copy, adapt and/or re-distribute the licensed material.
The term ‘use’ means read, view, play, perform,
operate and/or execute the material (depending on its nature and format).
There is no limit on the number of copies that can be made. You may copy
part or all of the material.
Subject to the customised details, you may develop an enhanced version of the material. An ‘enhanced’ version involves blending of substantial new material with the original material so as to give rise to a new layer of copyright. Generally, copyright in any enhancements vests in the original copyright owner.
You may exercise your licence rights only within limits inherent in the version of the material legitimately acquired by you. You may not circumvent a technological protection measure. You may not deal with the material or associated metadata in a manner:
- that might mislead or deceive any person; or
- that infringes the author’s Moral Rights.
The term ‘metadata’ means information about the licensed material (whether or not in digital form) that is applied within, on or in relation to the material.
You should retain any copyright information or other metadata (including the Commercial Licence mark) on copies or enhanced versions that you develop, in accordance with the rules of the AEShareNet-C Licence Protocol .
Subject to the customised details, you may distribute or communicate copies of the licensed material to third parties, in original or enhanced form.You are entitled to charge a commercial fee for the provision of such material.
You may not assign or sub-license any of your rights under the licence.
Can the standard licence conditions be varied?
Customisation of licence conditions is an important feature of the Commercial Licence. The ‘customised details’ may set out additional (more restrictive) conditions than the standard rules described above. They may state (for example):
- that the licence is to apply only within Australia and New Zealand;
- that the licence is to expire after three years;
- that any enhancements to the licensed material must be vetted by the licensor before publication;
- that a royalty of A$1.00 is payable on each copy distributed by the licensee, to be acquitted quarterly.
How is the licence managed?
The AEShareNet licensing system assists the parties by maintaining records relating to their licences, which may be inspected on line. We provide periodic reports on current licences and issue reminder notices regarding due dates for royalty reports and licence expiries.
Any licence fees or royalties must be paid through the AEShareNet system and transaction fees are levied where appropriate.
In the event of any dispute between the parties, the dispute resolution process described in the AEShareNet Charter applies.
The licensor and licensee may amend the licence by editing the customised details set out in the licence record. They may also agree to terminate the licence. Variation or termination of a licence is mediated through the AEShareNet licensing system.
Legal notice
is
a trade mark of TVET Australia Limited (TVET) ABN 99 062 758 632. The AEShareNet licensing system
is a streamlined copyright management framework established by government and managed by TVET
on a non-profit basis for the education sector. TVET
provides licence protocols and systems for mediating licences, but is not
thereby a party to a licence. TVET does not determine
the materials to which the mark is applied, and gives no warranty of any
sort regarding those materials.
This document is an abridged explanation of the AEShareNet-C (version 4) licence rules and constitutes ‘Extrinsic Material’ for the purposes of clause 2.5 of the AEShareNet Charter.
More information
for more information on AEShareNet-C: The authoritative legal documents which define the Commercial Licence are:
- the AEShareNet-C Licence Protocol (version 4) read together with
- the Licence Glossary and Explanation (version 2).
to compare the Commercial Licence with other licence types: start with our Licensing Overview and Frequently Asked Questions (FAQ).
for more information on changes to the Commercial Licence: see Versions of AEShareNet Licences
for owners of materials:
- Benefits of AEShareNet licences for copyright owners assists owners to choose a licence for their materials.
- To extend a Commercial Licence for materials you own, see How do I join AEShareNet?