Moral rights and AEShareNet licences
The AEShareNet licences make explicit provision to clarify the responsibility of the licensor and licensee for ensuring compliance with any moral rights of the creator. A summary is provided below.
In general, the Licensee is responsible for making appropriate judgments about what uses of the material might infringe the creator's moral rights. However the position is slightly different under 2 licence regimes:
- AEShareNet-U: Licensors should only offer material of such a kind that it can reasonably be reproduced without attribution, and/or modified substantially, without complaint from the creator. Material which is strongly associated with the creator's reputation is not suitable for licensing under this regime;
- AEShareNet-C: where the Licensor exercises the right to Vet a Derivative version of the material they should take responsibility for assessing whether the Derivative might unreasonably infringe the creator's moral rights.
| Protocol | Summary | Treatment of Moral Rights |
| AEShareNet-C | Customisable and commercial. Some terms of Licence selectable by Licensor and Licensee. | Licensor warrants that any Derivative Vetted by it does not infringe author's Moral Rights. Otherwise Licensee must obtain consent for any act which may infringe author's Moral Rights. |
| AEShareNet-E | End-user Licence and related deliverable Items. Deliverables and terms defined by Licensor, selected by Licensee | Licensee must obtain consent for any act which may infringe author's Moral Rights. |
| AEShareNet-S | Standard Licence for shared use. Enhancements belong to the original owner. | Licensee must obtain consent for any act which may infringe author's Moral Rights. |
| AEShareNet-P | Preserves integrity. Material may be copied freely but not Enhanced. | Licensee must obtain consent for any act which may infringe author's Moral Rights. |
| AEShareNet-U | Unrestricted use. Limited warranty. Licensee may claim separate copyright in Enhanced versions. | Licensor warrants that any acts under the Licence will not infringe author's Moral Rights of attribution and integrity. Licensee not entitled to do any act amounting to false attribution. |
| AEShareNet-FfE | Free for Educational purposes; other rights reserved. Material may be copied freely but not Enhanced. | Licensee must obtain consent for any act which may infringe author's Moral Rights |
More information
- Moral rights overview
- Licensing Overview summarises and compares the six types of licence available as part of the AEShareNet licensing system.