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Home > What we do > AEShareNet Licence Glossary & Explanation

AEShareNet Licence Glossary & Explanation

NOTE: The document below is not the most recent version but is still to be used for interpretation of FfE licences taken out prior to 6 April 2005. For the most recent version access AEShareNet Licence Glossary & Explanation versions 2 & 3

Purpose

This document (the Glossary) contains definitions and other information to assist in the interpretation of the following Licence Protocols:

The Glossary constitutes 'Extrinsic Material' for the purposes of clause 2.5 of the Charter.

See also under the heading: 'Further Explanation' below.

Version Control

The is Version 1.00 of the Licence Glossary & Explanation. It is effective from 31 March 2004 which is the date of implementation of the Free for Education protocol. The AEShareNet-Eprotocol was approved by the Board on 19 February 2004 however software changes to implement this are still under development.

Note that a Licence transacted under a Protocol to which this Glossary applies will be construed in accordance with the version of the Glossary applicable at the time.

The Definitions

In the AEShareNet-E and AEShareNet-FfE Licence Protocols, terms used have the meanings given to them below.

The terms are presented in alphabetical order. However, they are more easily comprehended if taken in the following sequence:

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The list of defined terms follows:

Defined term Definition
Agent

means a person acting for or on behalf of the Licensee in exercising Rights to the Licensed Material. Without limitation, the criteria which may assist in determining that a person is acting on behalf of the Licensee include:

— the activities of the Agent form part of the ordinary functions of the Licensee;

— the Licensed Material is made available to the Agent by the Licensee;

— the activities are carried out under the direction or control of the Licensee; and/or

— the Licensed Material is to be returned or dealt with as directed by the Licensee on completion of the activities

(Compare 'Third Party')
Communicate means to communicate to the public by making the Licensed Material available online where it can be accessed by recipients, or by emailing it to recipients (compare 'Distribute', and see also 'Supply')
Compilation means a collection including the Licensed Material and other items (which may or may not individually have copyright) which are assembled together using sufficient skill and care as to attract copyright protection for the collection as a whole (see also 'Derivative')
Copy (used as a noun) in relation to the original Licensed Material or a Derivative - means a reproduction in a material form in the same or a different medium, but without any alteration of content (compare 'Derivative')
Derivative

in relation to the original Licensed Material - means any of the following, Developed from the Licensed Material:

— an Edited Version

— Enhancements

— Supplementary Work

— a Compilation
Development means the making of a Derivative of the original Licensed Material, and 'Development Rights' shall be similarly construed
Distribute means to provide Copies of the Licensed Material in printed form or on some removable medium to a Third Party (compare 'Communicate', and see also 'Supply')
Edited Version means a Derivative version of the Licensed Material in which the changes made are of such a minor nature that no fresh layer of copyright can be said to arise. (This term largely corresponds to the term 'Contextualisation' under the Charter, although in that case the definition leaves a theoretical possibility of fresh copyright arising.) (See also 'Derivative')
Education means a structured program of learning and/or teaching for the benefit of a learner, and 'Educational Purposes' shall be similarly construed
Enhancements means substantive modifications to the Licensed Material, but only to the extent that the Enhancements cannot meaningfully inform or entertain independently of the original Licensed Material. (Definition as for the Charter, but here the term 'substantive' is meant to imply that the changes necessarily give rise to some new layer of copyright - compare 'Edited Version'. See also 'Derivative')
Licensed Material
or
Material		 in connection with the exercise of Rights - includes Enhancements or an Edited Version of the original Licensed Material made under the Licence
Licensee means a person to whom a Licence is granted (or proposed, offered, or purported to be granted - as the case requires) and, in relation to the exercise of Rights, includes an Agent
Licensor means a person who grants (or proposes, offers or purports to grant - as the case requires) a Licence. (Under AEShareNet-FfE, a Licensor need not be a Member of AEShareNet; hence the definition is slightly different to that in the Charter.)
person includes a natural person, a body corporate or a Body Politic
Rights

means any of the rights which may be granted by a Licensor to a Licensee under an AEShareNet Licence, and includes:

— User Rights

— Development Rights

— Supply Rights

— Sub-licensing Rights,

in each case including the right to make Copies as necessary to support the exercise of the Right in accordance with the applicable Licence

Sub-licence means to grant permission for a Third Party to exercise Rights of the Licensee in relation to the Licensed Material, and 'Sub-licensing Rights' shall be similarly construed
Supplementary Work means substantial additional work which appends, incorporates, is appended to, or is incorporated into, the Licensed Material, but which has some capacity to inform or entertain independently of the Licensed Material. (Compare 'Enhancement' and 'Compilation', and see also 'Derivative')
Supply means to Distribute or Communicate Copies to a Third Party, or to cause the Licensed Material to be performed in public, and 'Supply Rights' shall be similarly construed
Third Party

means a person other than:

— the Licensor;
or
— the Licensee (including an Agent of the Licensee)
Use (as a verb)

means to read, view, play, perform, operate or execute the Licensed Material (depending on its nature and format), within the functionality that is offered by the Licensor to an ordinary user.

The term 'User Rights' shall be similarly construed and accordingly does not (in itself) include the right to reverse engineer, de-compile or interfere with a technological protection measure. (Such activities may however be encompassed by 'Development Rights' granted under the Licence.)

The following activities (where permitted) are an exercise of User Rights by the Licensee:

— Use of the Licensed Material by the Licensee personally or within their organisation

— Use of the Licensed Material by the Licensee in the course of providing a service to a Third Party, such as, typically, Education delivered to a learner

— provision, for nominal consideration, of Copies of Licensed Material to a learner (or a person assisting the learner) in connection with their Education.Consideration is 'nominal' if it is referable to the direct transaction costs only and does not include a component to cover the value of exercising copyright in the Licensed Material.

The following activities are not an exercise of User Rights by the Licensee:

— where the Education is provided to learners who are employees of a Third Party - provision of Copies of the Licensed Material for the general purposes of the Third Party employer

— incorporation of a substantial part of the Licensed Material in a product or deliverable provided to any other Third Party, such as a document or report prepared under a consultancy agreement.

Capitalised terms not otherwise defined have the meaning given in the Charter.

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Further Explanation

AEShareNet Licence Protocols are interpreted in accordance with the AEShareNet Charter. However, the new Protocols are available to a broader class of licensee than with previous Protocols. This Glossary accordingly seeks to ensure that the supporting explanation and definitions for the new Protocols are as accessible as possible, for the benefit of licensees not familiar with the Charter.

The new Licence Protocols extend AEShareNet licensing activity to new areas. As a result, in some cases it has been found necessary to give a slightly different meaning to a particular term, as compared with the general meaning given in the Charter. The definitions above include:

The definitions presented here avoid reference to the Copyright Act 1968 (Cth) which will not be familiar to Licensors and Licensees outside Australia.

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In summary, the intention of the Glossary is:

Reference may still need to be made to the Charter in rare cases in interpreting the new Licence Protocols.

The Glossary is not relevant to the interpretation of the other Licence Protocols (and hence they should continue to be interpreted by reference to the Charter):

More information

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