Key Elements
The AEShareNet licensing system is primarily an environment in which participants can transact copyright licences online - see AEShareNet Concept.
A conventional approach to copyright licensing involves bilateral licences executed on each occasion between the parties to the transaction. Legally speaking, the licence involves agreement (express or implied) on each of the following elements:
- licensor, and,
- licensee;
- identification of the material subject to the licence;
- various licence conditions establishing the scope of the licence, such as acts permitted, duration, territory, exclusivity, etc. See Licensing Checklist.
In a conventional licence agreement these elements are integrated in a single document. The disadvantage of that approach is that much paperwork and negotiation is repeated on each occasion, even though transactions have recurrent elements.
The AEShareNet licensing system applies a quite different approach to bringing together the four elements mentioned above. The approach is set out in the AEShareNet Charter which binds all Members.
AEShareNet Members 'Classify' their Material in accordance with the desired AEShareNet Licence Protocol and offer Licences in accordance with the agreed terms and conditions of the relevant Protocols.
Elements of the AEShareNet licensing model include:
- AEShareNet Trade Mark: the word "AEShareNet" has been registered as a trade mark under the Trade Marks Act 1995 (Cth).
It is used as a prominent identifier for the AEShareNet licensing system (managed by TVET Australia), and is applied by Members to Materials, with the authorisation of the Company in accordance with Licence Protocols and the requirements of the AEShareNet Charter, to extend copyright Licences in respect of Materials to others via the AEShareNet system;
- TVET Australia Limited: a Company limited by guarantee incorporated under the Corporations Law.
The Company is governed by a constitution. The subscribers were limited to the Commonwealth and each State and Territory. The Company Members may be thought of as the governing committee of the AEShareNet licensing system. Other participants may join as Members of the Charter (see below);
- AEShareNet Charter: in force under the TVET Australia Constitution and to which Members subscribe.
The Charter sets out - amongst other things - the terms and conditions under which Members agree to operate within the AEShareNet system, licensing procedures, details of technical infrastructure, fees, dispute resolution procedures etc.;
- Members: ie, organisations who have subscribed to the AEShareNet Charter.
Members will fall into one of three classes: Crown Members, Net Licensors and Net Licensees.
A Member Profile must be substantially in accordance with the form set out at Annex 1 to the Charter. It contains information about a Member and has effect generally for the purpose of determining the manner in which the Member may operate and transact Licences within the AEShareNet system.
- Licence Protocols: sets of standard terms and conditions associated with a licence regime and mechanisms for invoking those terms.
A Licence Protocol must be substantially in accordance with the form set out at Annex 2 to the Charter. It has effect generally in establishing a Licence Regime (or a subsequent Version of a Licence Regime) under which Members may transact Licences (see further, AEShareNet Charter clause 5).
Completion of the formalities specified in a Licence Protocol give rise to a binding licence as between the Licensor and Licensee.
- Licence Marks: a mark uniquely associated with a particular Licence Regime, which is used by a Member as a short-hand way of referring to the regime.
A Licence Mark (eg AEShareNet-S) is generally derived from the AEShareNet Trade Mark.
The AEShareNet Charter requires Members to apply Marks only in accordance with the Licence Protocol, to extend a copyright licence as stated in the Protocol.
- Classification: the process whereby a Member designates a Licence Protocol which applies to some material.
Under most regimes, this involves creating an entry at the AEShareNet website for the Material. The entry identifies the Material, the Licensor, the copyright owner (if different to Licensor), contact address for the Licensor in relation to that Material, etc. Most importantly it incorporates a Licence Mark to indicate the Licence Protocol applicable to the Material.
- Material: ie, copyright subject matter.
Material is referenced in accordance with a standard form of data field entries, and these references are accessible from the Materials database.