“Acceptance”:

(a)     means acceptance of the offer of a Licence of particular Material under a particular Material Registration in accordance with the systems operated from time to time by the Company and

(b)     includes any additional or special actions stipulated in the relevant Licence Protocol to be undertaken by a Licensee in order to take a Licence in relation to the Material

“Acceptance Model” means a mode of Acceptance of a Licence recognised under the Charter, and includes:

(a)     Immediate Acceptance

(b)     Mediated Acceptance and

(c)     Extended Mediation

“AEShareNet” or “Australian Educational Sharing Network” means all those systems, arrangements and activities implemented and operated under the Charter for copyright management and licensing by stakeholders in the VET Sector

“Assignment” means an assignment (as that term is used in the Copyright Act 1968) effected in relation to particular Material under clause 6

“Authorisation” means a head licence effected under clause 6 for a Licensor to extend Licences in relation to particular Material

“Body Politic” means any of:

(a)     the Crown in right of the Commonwealth of Australia

(b)     the Crown in right of a State of Australia or

(c)     the Crown in right of the Australian Capital Territory or the Northern Territory (but not an external Territory)

“Charter” or “AEShareNet Charter” means this document as amended and in force from time to time under the Constitution

“Clearance” means an Assignment or Authorisation

“Compilation” means a compilation within the meaning of the Copyright Act 1968

(f)      has been independently developed or acquired by a party

“Concurrent” refers to an Ownership Model in which copyright in a Derivative (including the original Material and any fresh layer of copyright arising from the additional efforts of the Licencee) vests in the Licensee, whilst the original copyright owner retains “concurrent” copyright in the original version.  The two parties exercise copyright concurrently in slightly different versions of the Material

“Consolidated” refers to an Ownership Model in which copyright in a Derivative (including the original Material and any fresh layer of copyright arising from the additional efforts of the Licencee) “consolidates” with one party, generally the original copyright owner

“Contextualisation”  means non-substantive modifications to particular Material in which names and contexts have been substituted to adapt the Material for a different learning environment, but without alteration of content to an extent that would affect achievement of competency

“Copy” means a reproduction of Material in the same or a different medium, without any alteration of content

“Copyright Information” includes, without limitation:

(a)     a Copyright Statement

(b)     a Licence Mark, and any associated URL

(c)     attribution of authorship

(d)     acknowledgment of funding

(e)     title, catalogue item and other metadata

(f)      version identification

(g)     the identification of Enhancements and Supplementary Material

(h)     stipulations as to the extent that Contextualisations are permitted

(i)      any trade mark or logo of the Licensor, copyright owner(s) or author(s)

(j)      warnings and disclaimers

(k)     digital watermarks and

(l)      any other copyright management information not otherwise covered

“Copyright Statement” means an assertion as to ownership of copyright in particular Material applied within, on or in relation to the Material substantially in the following form:

© <owner(s) of copyright> <year of initial publication>

“Cost”,  in relation to the supply of Material, means the marginal cost of preparation, reproduction, assembly and delivery

“Custodianship”, in relation to particular Material, means the convention under which a particular department, office or agency of a Body Politic is permitted and commonly accepted to exercise copyright in relation to the Material on behalf of the Body Politic

“Customisation” means the supply by a Licensor of values for the variable fields allowed for in a Licence Protocol, either in the Material Registration or subsequently in the course of negotiating or re-negotiating a particular Licence with a particular Licensee

“Derivative Material” or “Derivative”, in relation to particular original Material,  includes:

(a)     a Contextualisation

(b)     an Enhancement

(c)     Supplementary Material or

(d)     a Compilation

derived from the original Material and incorporating a substantial part of the original Material, but does not include a Copy

“Dispute” means a dispute to which clause 9 applies

“Distribution Mode” means any manner of distributing or communicating Material to an End-user, and includes, without limitation:

(a)     print formats

(b)     CD-ROM

(c)     other machine readable formats

(d)     delivery or performance

(e)     broadcast

(f)      pay TV

(g)     Internet

(h)     rental

(i)      ANY or

(j)      OTHER (details to be specified in Customisation)

“End-user” means a third party, whether or not a Member, to whom a Licensee distributes or communicates Material under a Licence.  For this purpose an employee or student of the Licensee shall not be considered a “third party”  

“Enhancement” means a substantive modification to particular Material, but only to the extent that the changes cannot meaningfully inform or entertain independently of the original Material

“Exploit” refers to distribution or communication to an End-User

“Extended Mediation” refers to an Acceptance Model under which a Licence arises after negotiation between the Parties.  The Licensee accesses the Material Registration in such a manner as to elicit a draft Licence which requires further Customisation by the Licensor before it constitutes a formal offer of a Licence capable of Acceptance

“Extrinsic Materials” means the Materials referred to in clause 2.5

“Immediate” refers to an Acceptance Model under which a Licence arises as soon as the Licensee performs an act comprised within the copyright in reliance upon a Licence.  There is no formal Acceptance transaction

“Interested Party” means a Nominated Owner or Potential Claimant

“Licence” means a licence (as that term is used in the Copyright Act 1968) effected in relation to particular Material under clause 5

“Licence Fee” means a flat amount expressed in Australian dollars payable for the grant of a Licence, irrespective of the Distribution Modes permitted or the volume of Exploitation

“Licence Mark” means a construct specified in a Licence Protocol which is uniquely associated with associated Licence Regime.  It may incorporate the AEShareNet Mark.  When applied to particular Material it may appear in conjunction with a URL for the Material Registration

“Licence Protocol” or “Protocol” means a record containing information relating to a Version of a Licence Regime, as required under clause 5

“Licence Regime” means a category of Licence recognised under AEShareNet including all associated business rules, arrangements, understandings, processes and systems, and includes any or all Versions of the Licence Regime as the context requires

“Licensee” means a person to whom a Licence is granted (or proposed, offered, or purported to be granted - as the case requires)

“Licensor” means a Member who grants (or proposes, offers or purports to grant - as the case requires) a Licence

“Material” means a copyright work or subject matter other than a work (as those expressions are used in the Copyright Act 1968)

“Mediated” refers to an Acceptance Model under which a Licence arises when the Licensee accesses the Material Registration in such a manner as to elicit a formal offer of a Licence, and then Accepts the Licence

“Member” includes:

(a)     a Subscriber or

(b)     a Member of the Charter admitted under clause 4,

and in the case of a Body Politic means the Body Politic as represented by a particular department, office or agency, or a group of departments, offices or agencies which are aggregated on one Member Profile as one Membership for the purposes of AEShareNet

“Member Profile” or “Profile” means a record containing information about a Member, as required under clause 4

“Moral Rights” includes the following rights of an author of copyright Material:

(a)     the right of attribution of authorship

(b)     the right of integrity of authorship and

(c)     the right not to have authorship falsely attributed

“Nominated Owner” means an Interested Party with a major claim to copyright in particular Material, from whom an Authorisation is sought

“Objects” means the objects set out in clause 1

“Ownership Model” means a model recognised under the Charter for the allocation of copyright between the owner of original Material and a person who creates a Derivative of that Material, and includes:

(a)     Consolidated Ownership

(b)     Concurrent Ownership and

(c)     Partitioned Ownership

“Partitioned” refers to an Ownership Model in which any fresh layer of copyright arising from the additional efforts of the Licensee vests in the Licensee, whilst copyright in the original Material stays with the original copyright owner

“person” includes a natural person, a body corporate and a Body Politic

“Potential Claimant” means an Interested Party with a minor claim to copyright in particular Material, from whom an Assignment is sought

“Registration”, in relation to particular Material:

(a)     means the creation of an entry relating to the Material in the Materials Database in accordance with the systems operated from time to time by the Company and

(b)     includes any associated actions stipulated in the relevant Licence Protocol to be undertaken (such as the Application of a Licence Mark or other functionality implemented in relation to the Material)

by a Licensor in order to extend a Licence in relation to the Material and “Register” shall be similarly construed

“Royalty” means an amount expressed in Australian dollars payable per Royaltiable Unit for the exercise of a Licence under a particular Distribution Mode

“Royaltiable Unit” means a measure of the volume of distribution or communication of Material to an End-user, and includes, without limitation:

(a)     each copy

(b)     each website URL

(c)     each student or audience member

(d)     each transmission

(e)     each performance

(f)      each year

(g)     each rental transaction

(h)     unlimited use for a specified Distribution Mode or

(i)      other (details to be specified in Customisation)

“Subscriber” means a member of the Company who was an initial subscriber of the Constitution

“Sub-licence” means authorisation for an End-user to themselves perform acts of copyright

“Supplementary Material” means substantial additional work which appends, incorporates, is appended to, or is incorporated into, the original Material, but which has some capacity to entertain or inform independently of the original Material

“Training Package”  means any Material identified as such in the relevant Material Registration

“Use” refers to use (including the making of Copies and Derivatives) for personal or ordinary internal activities (including distribution or communication to employees or students), but does not include Exploitation or Sub-licensing

“Version” means a version of a Licence Regime documented in a Licence Protocol

“Vetting” means the process of approving a Derivative, as specified under a Licence Protocol.

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