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Supply and licensing of copyright material

Overview

This document describes the distinction between obtaining a licence for the use of copyright material, and obtaining the material itself. Some of the distinctions between the different AEShareNet licences are also discussed with respect to how the material should be supplied by the Licensor.

Introduction

The relationship between supply of copies and licensing of copyright material often causes confusion. This confusion may be attributable to the fact that, under some current marketing practices, a limited copyright licence may be granted in connection with the supply of a copy of the material. The two components of the transaction are "muddied" together and described as a "sale".

When using the AEShareNet licensing system it is essential to bear in mind that supply of material to a Licensee is quite distinct from the grant of a copyright licence in respect of that material. There is a distinction between ownership of a physical copy and ownership of copyright in the material embodied in that copy, which is an abstraction.

Put differently: there is a distinction between physical property and intellectual property. Copyright is the exclusive right to control certain acts or uses in relation to particular subject matter - notably the right to copy the material. Obtaining a physical copy of material does not grant a party a right to do copyright acts in respect of that material - see Australian copyright law overview. If not expressly granted at the time of obtaining a physical copy of the material, a copyright licence must be obtained to allow the desired copyright acts in respect of that material.

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Conditions for supplying materials

The AEShareNet licensing system has been conceived primarily as a vehicle for transacting licences of copyright material, not for supplying the copyright material itself. Thus the AEShareNet system does not store the full text of the materials available for licensing from its Members.

However there are several contexts within the AEShareNet licensing system where supply issues arise. These are dealt with below:

Supply of an initial copy by Licensor to Licensee

In some cases, a prospective Licensee may already have a copy of the Material, and merely wishes to obtain the requisite copyright licence from the Licensor to use or exploit that Material. The prospective Licensee would therefore simply obtain a Licence via the AEShareNet system.

In other cases - perhaps where the prospective Licensee has accessed a reference to the material from a Database - the Licensee may require both a licence to use the Material, and a copy of the material itself. In such a case, the AEShareNet Licence Protocols stipulate the manner in which the initial copy of the material is to be supplied to the Licensee:

Supply
Specify arrangements for supply of initial copy of material by Licensor to Licensee requesting it.
In respect of AEShareNet-U: There is no obligation on the Licensor to provide assistance or to furnish the Material in any particular form, or at all	In respect of AEShareNet-P: If not available as a publication, Licensor agrees to make Material available in suitable format at Cost to the Licensee.	In respect of AEShareNet-S: If not available as a publication, Licensor agrees to make Material available in suitable format at Cost to the Licensee.	In respect of AEShareNet-C: If not available as a publication, Licensor agrees to make Material available in suitable format at Cost to the Licensee.

The Material registration on the AEShareNet website may contain a hyperlink back to the Licensor's website where a copy of the material may be downloaded or ordered.

Some Licensors may make copies of their material accessible to all users of the Internet; others may only release copies to Licensees who have first secured a licence.

These possibilities involve practical and policy choices exercised by the Licensor Member concerned.