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Frequently Asked Questions

AEShareNet

What is AEShareNet?

AEShareNet is a licensing system devised to allow you to discover and trade licences for learning materials so resources can be used with greater flexibility than simply purchasing a single copy. We also provide information on copyright law as well as management of licence fees, including invoicing and collection of fees.

Who owns AEShareNet?

The Australian Ministers of Education and Training.

Who runs AEShareNet?

AEShareNet operates under the management of TVET Australia Limited. See our staff details.

What are the 6 licence regimes?

The AEShareNet licensing system has 6 licence regimes available that can be applied to materials: 4 for Sharing (Instant Licences) and 2 for Trading (Mediated Licences). See here for more information.

Each of the regimes have different characteristics and are suited to different needs and purposes.

Instant Licences:

Mediated Licences:

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Instant Licences

How does a licence work?

With AEShareNet Instant Licences you obtain a licence automatically when you obtain a copy of the material that has been marked with an AEShareNet Instant Licence Mark (FfE, U, S and P).

To see what the Marks look like, and the conditions for each licence type, go to the URL detailed on each Mark:

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If I make an enhancement to the material, do I have to supply a copy of my enhancement to the copyright owner?

This only applies under the S licence, as enhancements are not permitted in the other licence regimes, and only really occurs if you "publish" the enhancements. See the Buying FAQs below).

Why are there specific marks for the Instant Licences and not for the Mediated Licences?

The Mark (as depicted for the Instant Licences FfE, U, S and P) is the critical thing by which the licence offer is made; whereas with the Mediated Licences (C and E) the Mark is less important, as the material registration and subsequent transaction are the critical points by which the licence is offered.

With implementation of the new Instant Licence regimes, a new version of the FfE graphic now exists. Those who have applied the original graphic can continue to use it, although it would be useful to re-apply the new version if possible.

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Can only Members register Instant Licence materials on the AEShareNet website?

Although anyone can apply an Instant Licence to their materials, at this stage only Members can catalogue entries to aid discovery. Where there is a business case we will consider Listing resources on an owner's behalf. Individual requests for this service should be forwarded to the Business Development Manager.

Is it possible to track licences under FfE, U, S and P, in order to record who has taken out a licence?

Not in the first release; however down the track, when use of appropriate technologies has matured it might be possible. *Some* search engines may bring up results when AEShareNet-S is entered in the key word search - but this is just for discovery of resources, not for tracking of licences.

However, if there is a business reason to want material tracked, in terms of knowing who has taken out a licence it might be better placed under the C Regime which is a mediated licence, so full tracking and audit trails are inherent.

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Can I use the previous version of the FfE Mark?

Yes. It will continue to stay valid even though a new version might have been released. Note: the terms and conditions of a previous version of FfE are not automatically updated when a new version is issued. Unless the copyright owner updates the material with the new version, the old conditions will continue to apply.

What considerations do I need to take in releasing my materials under a U protocol?

The terms under which you can offer U materials are clearly stated ie you do not 'guarantee' anything; you waive those rights; but you may have to make some other enquiries where any third-party clearances were not able to be obtained - licensee has to assume the responsibility.

The Glossary 3.1.4. outlines "we have acted in good faith". The Licensor believes they have communicated all they know in relation to third-party clearances.

You are essentially making a judgment when deciding on the U classification. It might appeal most to low value products/information and where all attempts to clear materials of third-party permissions have been made.

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Mediated Licences

The Mediated AEShareNet Licence types are AEShareNet-C and AEShareNet-E. These licences must be transacted through the AEShareNet system. Mediated licences usually involve financial transactions unlike the Instant Licence types which are free. Licence conditions can be customised and licences are negotiated and completed online through the AEShareNet site where details of the licence agreements are stored as permanent records.

How do the licence transactions work?

Licences are completed online. The AEShareNet licensing system brings the concept of manual, paper-based licence contracts into the online world through our transaction system. The basic steps for a negotiated licence agreement are as follows:

  1. licensee locates a product of interest on the AEShareNet catalogue
  2. licensee requests licence
  3. licensee is notified by email of the licence request
  4. licensor offers a 'draft' licence to the licensee based on negotiations/pre-determined pricing model
  5. licensee is notified by email of the draft licence generated
  6. licensee accepts the licence contract online
  7. licensee and licensor notified by email of the acceptance of the licence
  8. tax invoices generated and distributed to both parties by email

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How long does it take to transact a licence?

Instant Licences arise automatically when a licensee legitimately obtains a copy of the resource marked under an Instant Licence protocol. See the Instant Licences FAQs.

"E" licences, though transacted through the online facility, should also be instantaneous.

It may take longer for "C" licences, as they are typically flexible in their pricing and terms and may need to be negotiated with the Licensor using the online email communication facility.

Why are C and E regimes different to the Instant Licences such as FfE, U, S and P?

  1. C and E licences are usually about wanting particular conditions and the collecting of monies: licence fees/royalties, and these usually require management and delegated sign-offs.
  2. Licence terms under C and E protocols are also customisable in many ways and there is a robust facility within the AEShareNet System to maintain an audit trail and record of transaction.
  3. Through the mediation process the system can authenticate who the *actual* licensee is (details such as the name of the party transacting the licence are recorded). Recording of details in this way can assist a licensor in a number of ways, eg it may be important for a licensor to determine whether an individual transacted a licence for themselves or on behalf of an organisation.

Under the new Instant Licences authentication is not possible, so there is no record of who took out a licence (as the licence arises at the point when a licensee legitimately obtains a copy of the material).

The C and E regimes are an integral part of our brokering business where mediated or transacted licences are facilitated online.

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Membership

Why become a member?

How much does membership cost?

Membership involves an annual subscription fee and a discounted cost for each transaction.

The costs are (including GST):

Many Public VET organisations are covered for Membership fees under a state subscription, so you may already be a member.

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Who are the members of AEShareNet?

Mostly public and private organisations involved in education and training.

There is a list of member organisations on the Member list page.

The AEShareNet website has the largest catalogue of vocational educational and learning materials in Australia.

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Buying - As a Client (or Licensee)

How do I find the materials?

Use the "Search for learning materials" box on the home page.

You can search for materials by keyword, resource type, qualification level, licence mark and the owner of the materials.

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How do I preview the materials?

Some licences listed in the catalogue will display a "Material Pointer" hyperlink to preview the materials.

For other licences, you will need to ask the owner of the licence (the Licensor). Every listing on the catalogue will contain contact details for the licensor.

How do I get the materials?

You need to obtain the materials from the owner (the Licensor), not from the AEShareNet licensing system itself. In many cases, you may have already downloaded the material from a website, or been sent (or have purchased) a copy from the owner.

The AEShareNet licensing system connects educators with the owners of the materials, and facilitates the trading and negotiation of licences.

How do I receive downloads of licensed material from Australian Training Products (ATP)?

Please click here for instructions on receiving a download of licensed material from ATP.

What form will the materials be in, hard copy/electronic/source code etc?

This depends on the materials, and the owner (Licensor).

Some are paper-based, many can be supplied electronically, some are on CD-ROM, and some are on the web. Please contact the Licensor for more detail if this is not clear in the listing. Contact details for licensors are included with every listing by clicking on the 'Contact' link.

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How much does a licence cost?

They vary.

Instant Licences (FfE, U, S and P) are free. If the licence is a mediated licence the owner (Licensor) of the licence will set the price, based upon a range of criteria. Licence and royalty fees are only possible under the C and E licence regimes.

Licences for innovative and extensive materials for example, will naturally cost more than minimal support materials. Some licences are even priced on application, in which case the Licensor will negotiate with you on the final cost.

How do I obtain a licence?

The web site will prompt you to request the licence when you are looking at the material details. Only C and E type licences will require you to formally request a licence by pressing the 'Request Licence' button. The other licence types act as Instant Licences. See our Instant Licences FAQs.

Once you've found the materials you're interested in and pressed the 'Request Licence' button, you will be prompted to login as a Member or register as an Associate, and then proceed through the transaction process.

If negotiation is required for the licence you have requested, the web site will generate emails prompting the buyer and the seller as the transaction progresses, until the transaction is complete, and the licence purchased.

Because you are logged in through either your Membership or Associate registration, the web site knows your organisation and invoicing details already.

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How do the licence transactions work?

Licences are completed online. The AEShareNet licensing system brings the concept of manual, paper-based licence contracts into the online world through our transaction system. The basic steps for a negotiated licence agreement are as follows:

  1. licensee locates a product of interest on the AEShareNet catalogue
  2. licensee requests licence
  3. licensee is notified by email of the licence request
  4. licensor offers a 'draft' licence to the licensee based on negotiations/pre-determined pricing model
  5. licensee is notified by email of the draft licence generated
  6. licensee accepts the licence contract online
  7. licensee and licensor notified by email of the acceptance of the licence
  8. tax invoices generated and distributed to both parties by email.

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How long does it take to transact a licence?

Instant Licences arise automatically when a licensee legitimately obtains a copy of the resource marked under an Instant Licence protocol. See the Instant Licences FAQs.

It may take longer for C and E licences, as they are typically flexible in their pricing and terms and may need to be negotiated with the Licensor.

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What if the licence terms are not suitable to my needs?

Licences for Learning Materials offered under the AEShareNet-C and AEShareNet-E licences are potentially open to negotiation between licensee (buyer) and licensor (seller).

When the licensee requests a licence, the parties may enter into negotiation over many of the customised terms of the licence. Fees, licence duration, territory for using the resource and the ability to enhance are some examples of items that can be negotiated. AEShareNet FfE, U, S and P protocols are fixed licence templates and are not open to negotiation. For a comparative look at the licence conditions for all the AEShareNet licence protocols see the Licensing Overview page.

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What if I just want to contact the licensor?

You can contact the product owner at any time (the easiest way is through the online email communication to make this easier). If you find a resource you're interested in, click on the 'Contact' link in the heading 'Licensor' at the top of the page should you want any further explanations.

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If I make an enhancement to the material, do I have to supply a copy of my enhancement to the copyright owner?

Firstly, this only applies to C and S licences as all other regimes do not permit enhancements.

Secondly, it only applies if you "publish" the enhancements (see the Licence Comparison Table, Enhancements: 'If Enhanced version published, Licensee must provide Copy to Licensor'. Note: this is a built-in condition and does not require a Special Condition to be applied).

In particular: under S, you have the Right to make Enhancements, and you have the Right to Supply the Enhanced version (but not Sub-licence it). The Enhancements you make belong to the copyright owner, but a Right to Supply them arises because the definition of Licensed Material includes any Enhanced version you make.

Under the AEShareNet-C licence: the requirement is linked to the Vetting process, which is explained in the Glossary at p12.

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Can I "copy" products obtained under an E licence?

Generally, copying under this regime is limited, and you should check the Item Description to see what the owner has allowed. In many cases, you will be supplied with all the original copies you need.

What if my institution/organisation is from a developing country?

Please click here for some ideas to obtain licences to use and adapt resources without a large cost.

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Selling

Which licence should I use?

The AEShareNet licence templates can cover whatever configuration you may require for your licence terms. Detailed information on each of the licence templates (including the customisable template, AEShareNet-C) is available in the Licence Comparison Table. AEShareNet is also happy to advise you on these issues.

You can choose a licence based on what you want to allow others to do with your material once they get a hold of it. You can decide whether you want to charge money for a licence or whether you are happy to let a free, instant licence. Licences where money is charged are mediated through the AEShareNet site.

How much should a charge for a licence?

This will depend upon the licence and the materials. Charging licence fees is only possible under C and E licence types. The Instant Licences are free to licensees although a small fee might be charged for the supply of the product.

Different providers will choose different pricing structures, based on what works for them.

Setting an initial price for C and E licences can be difficult, and we are happy to consult on pricing structures. Please read our article which answers Frequently Asked Questions. The Licensing Checklist also has some helpful tips.

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How do I upload my materials?

You don't. Users purchase a licence from the AEShareNet website, but you supply the materials to them.

How do I publish a licence?

Anyone can apply an Instant Licence mark however only Members of AEShareNet can apply a Mediated Licence (C and E licence types). Only Members can list a licence for learning materials on the catalogue. Once joined as a Member, we will work with you to create your licence conditions on your materials. We will then upload the entry to our central catalogue.

Does the AEShareNet system have exclusive rights to my licences?

Not at all. You are free to sell your licences through other channels as well as through the AEShareNet licensing system, whether they be online or in a hard copy catalogue. Charter Members have given a commitment "in the spirit of collaboration" to primarily use the AEShareNet Service whenever possible.

However, by choosing only the AEShareNet system, you will significantly reduce administration overheads.

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How can I control the usage of my materials?

By setting appropriate licence terms and conditions for you materials.

When someone purchases a licence for your materials, they are legally bound by the licence conditions.

How do I restrict where my materials will be used?

As the owner (Licensor), you have complete control over the conditions for use of the material, including where they may be used. This is because an AEShareNet-C licence is customisable. With Instant Licences you can limit the terms such as Territory by adding a Special Condition. To do this you include a statement with the licence Mark limiting the conditions as you wish.

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How do I restrict who can purchase my licence?

By listing your material under the C-licence.

"C" licences are completely open for the owner (Licensor) to decide, in each individual case, who may purchase a licence, and the conditions for its use. You get to choose this when you first receive contact from someone interested in purchasing a licence.

How do I put site licences on my materials?

By applying an AEShareNet-E licence. The AEShareNet-E licence allows you to offer 'itemised deliverables' which means that a licence can comprise of a series of individual items, such as additional sites.

Do I have to provide a copy of the materials with the licence?

Yes, if they do not already have a copy of the materials.

By agreeing to a licence for your materials, you are contractually obliged to provide the materials.

For the Instant Licences (FfE, U, S and P) it is assumed that the client (licensee) has already obtained a copy through downloading or purchasing from the owner (licensor). Therefore, there is no obligation to supply any further copies, unless there is a reason to do so and this can be negotiated between the parties.

For AEShareNet-C licences - it is usually the case that the licence is executed before the product is supplied. The price of the actual product is generally expected to be included as part of the Licence Fee - so that two separate fees are not levied.

Under AEShareNet-E a similar obligation to provide the Material may be stated in the relevant Item Description.

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Who collects licence fees and royalty payments (if appropriate)?

We look after the management and collection of fees and royalties for all purchases through the web site, and periodically remit the owners (Licensors).

You can therefore spend more time on your core business, and less on worrying about chasing payments.

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More on Copyright and licencing

Why should I worry about copyright?

Copying or altering materials without a licence agreement is against the law.

The Copyright Act (1968) makes it illegal to copy or reproduce a work; make an adaptation; publish; perform or broadcast a work without the permission of the owner. This includes written works, music, art and all the learning materials listed on the AEShareNet web site. The AEShareNet model takes the worry out of copyright by establishing licence agreements between people who have training materials and people who want to use them.

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What is a licence?

A licence gives you permission to use the materials.

Licences are legal contracts which allow you to use the materials for your own use. The terms of the licence clarify how, when and where you can use the materials without breaking the Copyright Act. The terms also vary from licence to licence, so make sure you read them in detail. The AEShareNet licensing model for establishing licence agreements is electronic and streamlined. It's taking the legal contract approach into a digital age.

What is a Licence Mark?

A Licence Mark represents the licence type under which the resource is offered. Licence Marks appear in the form 'AEShareNet-C, 'AEShareNet-P' etc, or through the Licence mark graphic. A copy of a material displaying an AEShareNet Licence Mark in the footer will indicate that the resource is offered through AEShareNet via the indicated licence protocol. The Mark can also be applied to such things as cover pages or imprint pages.

What licensing options exist for trading learning resources?

Click here to read the article.

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