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

Abstract
This document outlines the licence terms for the AEShareNet-C 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

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-publication activity under the Licence.

Part A: Protocol Control Information

Licence Regime

AEShareNet-C

Version

04

Licence Mark

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

Status

Current
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Part B: Conditions of Licence

The Licence - Main Particulars

Licensed Material:

Material as specified in the Material Registration.

Licence period:

Licensor to select:
1 month
6 months
1 year
2 years
3 years
Other, specify
For the duration of subsistence of copyright.

Provision of Licensed Material:

Licensor agrees to provide Licensed Material in suitable format to the Licensee upon the request, for not more than Nominal Consideration.

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:

Licensor to select:
Australia
Everywhere
Other; specify.

Scope:

Licensee may exercise: subject to details set out below.
Licensee may not Sub-license the Licensed Material.

Interpretation of Licence Conditions:

The Licence is construed in accordance with the Glossary.
The Licensee (if not a Member) undertakes to abide by the Charter as if they are a Member, including the provisions relating to resolution of disputes.

Special Conditions:

Licensor to complete details.
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User Rights and making of Copies

User Rights:

Comprehensive right to Use the Licensed Material.

Copying Rights:

Unrestricted Copies permitted, subject to ‘Special Conditions ’ above.
Original Metadata (including AEShareNet-C 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-C Licence Mark) must be retained, to the extent appropriate.

Enhancements:

Licensor to select:
Enhancements permitted.
Vetting required.
Copyright consolidated with original owner. Original Metadata (including AEShareNet-C Licence Mark) must be retained, to the extent appropriate.
(Or as negotiated during Vetting)

Supplementary Work:

Licensor to select:
Supplementary Work permitted.
Vetting required for Material as Supplemented.
Copyright partitioned. Metadata as above for included Material. Licensee applies own Copyright Statement to Supplementary Work.
(Or as negotiated during Vetting)

Compilation:

Licensor to select:
Inclusion in Compilation permitted.
Vetting required for the context of inclusion (but not for Compilation as a whole).
Copyright Partitioned. Metadata as above for included Material. Licensee applies own Copyright Statement to Compilation as a whole.
(Or as negotiated during Vetting)
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Moral Rights

Moral Rights of authors:

To the extent Vetting occurs Licensor should make appropriate judgements.
Otherwise Licence excludes any act which would constitute an infringement of a Moral Right of the author(s). Licensee should make own judgements and obtain any consent that may be necessary.

Economic Rights

Supply Rights:

Licensor to select:
Class A (Body Politic)
Class B (statutory corporation)
Class C (other corporation)
Class D (natural person)
Class E (non-Australian)
Any AEShareNet Member
Any End-user
Other, specify.

Supply Mode:

Licensor to complete details.

Sub-licensing Rights:

Sub-licensing is not necessary for those persons entitled (see under ‘Licensee’ below) to take out a Licence directly.

Purpose:

Licensor to complete details.
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Remuneration

Licence Fee, Deliverables and pricing:

Licensor to specify Licence Fee:
A$_________
...or...
Aggregate Fees as calculated from data entered during Registration and Acceptance, consisting of Item Entries substantially in the following form:
<Item Description and conditions> @ <Rate (A$) per Item> * <Quantity> = <Subtotal> <Licensee Data>

Royalties:

Royalties calculated from formula entered during Registration and Acceptance, and quantities declared in Royalty Report. Process uses substantially the following structure:
<Royaltiable Activity> @ <Rate (A$)> per <Unit> * <Quantity> = <Subtotal> <Condition/comment>

Accounting And Reporting:

Licensor to select:
Monthly
Quarterly
Six-monthly
Annually

Last Reporting Date

Licensor to specify end date of last Accounting Period for which a Report and Royalties are due.
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Part C: Licence Operation

Extending a Licence

Licensor:

Any AEShareNet Member who is the owner of copyright in the Licensed Material, or otherwise entitled to grant the Licence.

Mandatory Requirements:

The Licensor Registers the Material at the AEShareNet Website, specifying the AEShareNet-C Licence Regime.
Checkboxes and customisable details must be completed as appropriate at some point prior to Acceptance.

Guidelines:

The Licensor may apply - within, on or in relation to Copies of the Material:

Accepting the Licence

Who can accept a licence:

Licensor to select:
Class A (Body Politic)
Class B (statutory corporation)
Class C (other corporation)
Class D (natural person)
Class E (non-Australian)
Any AEShareNet Member
Any person, whether Member or not
Other, specify

Mechanism for acceptance:

Mediated through AEShareNet.
Licensor to select:
Material Registration is a complete offer, open for Acceptance
Negotiation required.
Acceptance recorded on AEShareNet system.

Commencement:

The Licensee may choose to have the Licence commence up to __ months in the future.
Licensor to specify limit, up to 36 months.
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Managing the Licence

Varying the Licence:

Must be mediated through the AEShareNet licensing system.

Terminating the Licence:

Must be mediated through the AEShareNet licensing system.

Assigning the Licence:

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

More Information

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