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Home > Licensing > AEShareNet-S Licence Protocol (version 4)

Abstract
This document outlines the licence terms for the AEShareNet-S Licence Protocol.

Contents

Purpose of Licence Protocol
Part A: Protocol Control Information
Part B: Conditions of Licence
Part C: Licence Operation

More information

Purpose of Licence Protocol

Standard Licence Regime for Sharing and Returning improvements. Material with AEShareNet-S Licence Mark may be freely used, copied, adapted and distributed. But copyright in any Enhancements consolidates with the owner. Encourages adaptation, whilst reducing fragmentation of ownership of different versions.

Part A: Protocol Control Information

Licence Regime

AEShareNet-S

Version

04

Licence Mark

AEShareNet-S Licence Mark as depicted at:
http://www.aesharenet.com.au/S4

Status

Current
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Part B: Conditions of Licence

The Licence - Main Particulars

Licensed Material:

Material as embodied in any Copy legitimately in possession of the Licensee which bears the AEShareNet-S Licence Mark with authorisation of the Licensor.

Licence period:

For the duration of subsistence of copyright

However the Licensee must always work from a Copy legitimately acquired, which properly retains the AEShareNet-S Licence Mark as above.

Provision of Licensed Material:

A Licence is extended only if the Licensee already has a Copy. After the Licence arises, there is no obligation on the Licensor to provide assistance or to furnish the Licensed Material in any particular form, or at all.

Warranty:

Licensor warrants that they are entitled to grant Licence and that Licensee's exercise of the Licence will not infringe third party rights, including copyright and performers' rights.

Territory:

Everywhere

Scope:

Licensee may exercise: Licensee may not Sub-license the Licensed Material.

Interpretation of Licence Conditions:

The Licence is construed in accordance with the Glossary.

Special Conditions:

The Licensor may notify additional conditions of the Licence to the prospective Licensee when, or prior to the time when, the Licence arises, eg, by inclusion in the Metadata.
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User Rights and making of Copies

User Rights:

Comprehensive right to Use the Licensed Material.

Copying Rights:

Unrestricted copies permitted.
Original Metadata (including AEShareNet-S Licence Mark) must be retained.

Development Rights (making of Derivatives)

Edited Version:

Edited Versions permitted.
Vetting not required.

There is no fresh layer of copyright so ownership issues do not arise.
Original Metadata (including AEShareNet-S Licence Mark) must be retained, to the extent appropriate.

Enhancements:

Enhancements permitted.
Vetting not required.
Copyright Consolidated with original owner.
Original Metadata (including AEShareNet-S Licence Mark) must be retained, to the extent appropriate.
If Enhanced version published, Licensee must give Licensor a free Copy.

Supplementary Work:

Supplementary Work permitted.
Vetting not required.
Copyright Partitioned. Metadata as above for included Material. Licensee applies own Copyright Statement to Supplementary Work.

Compilation:

Inclusion in Compilation permitted. Vetting not required.
Copyright Partitioned. Metadata as above for included Material.
Licensee applies own Copyright Statement to Compilation as a whole.
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Moral Rights

Moral Rights of authors:

Licence excludes any act which would constitute an infringement of a Moral Right of the author(s). Licensee should make own judgments and obtain any consent that may be necessary.

Economic Rights

Supply Rights:

Licensee permitted to Supply to any End-user, whether an AEShareNet Member or not.

Supply Mode:

Any

Sub-licensing Rights:

Sub-licensing is not necessary.
A Licence is extended by the Licensor directly to anyone who legitimately acquires a Copy bearing the AEShareNet-S Licence Mark.

Purpose:

No restriction on purpose for which Economic Rights may be exercised by Licensee. No requirement to apply proceeds for benefit of any particular target group or purpose.
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Remuneration

Licence Fee, Deliverables and pricing:

Nil.

Royalties:

Nil.

Accounting And Reporting:

Not applicable.

Last Reporting Date

Not applicable.
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Part C: Licence Operation

Extending a Licence

Licensor:

Any person, whether an AEShareNet Member or not, who is the owner of copyright in the Licensed Material.

Mandatory Requirements:

The Licensor (or a person acting on their behalf) applies the AEShareNet-S Licence Mark within, on or in relation to the ‘Source Copy’ of the Material, in accordance with the rules set out at www.aesharenet.com.au.com.au/S4

Guidelines:

To facilitate discovery and distribution, the Licensor may Register the Material at the AEShareNet Website specifying the AEShareNet-S Licence Mark. The Licensor may apply a Copyright Statement within, on or in relation to the Source Copy.

Accepting the Licence

Who can accept a licence:

Any person, whether an AEShareNet Member or not.

Mechanism for acceptance:

A Licence arises automatically when the Licensee legitimately acquires or accesses a Copy which has been directly or indirectly derived from the Source Copy, and which legitimately retains the Licence Mark.

Commencement:

Immediately upon acquisition of the Marked Copy as above.
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Managing the Licence

Varying the Licence:

Only by agreement in writing between the parties.
Cannot be mediated through the AEShareNet licensing system.

Terminating the Licence:

By agreement in writing between the parties. Cannot be mediated through the AEShareNet licensing system.
Licensor may curtail new Licences by substituting versions without the Licence Mark.

Assigning the Licence:

Only by agreement in writing between the parties. Cannot be mediated through the AEShareNet licensing system.

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