Example of a Copyright licensing checklist.
from: http://www.aesharenet.com.au/backgroundInformation/021checklist.asp
Overview
This document describes a number of issues that should be considered
when a copyright license is being developed and applied to some
material. The Licensor is the party granting the copyright
license.
Considerations
A copyright license may be written and restricted in any of a number
of ways. Where necessary the law will try to infer the intentions of
each party, but it is preferable to be explicit.
Any and all of the issues below may need to be considered when
developing a copyright license.
>>What
subject matter is to be covered by the license? What type of subject
matter is involved e.g. printed material, pictorial, audio-visual,
software, data or multimedia?
>>Who
will be the beneficiary of the license - the requesting party or the
organisation to which he or she belongs?
>>Does
the license include a right to sub-license? Does the Licensor wish
to prescribe the term of any sub-licensing?
>>How
pro-active does the Licensor wish to be in managing the
commercialisation activity?
>>Is
the Licensor interested in marketing or exploiting the material
itself?
>>Is
the license exclusive or non-exclusive? If exclusive, then the
Licensor will be unable to use the material itself.
>>Is
the license for a limited duration?
>>Is
it to be revocable at will by the Licensor?
>>Will
the license extend to acts done anywhere in the world, or is it
limited to a particular territory such as Australia and New Zealand?
>>Does
the Licensor wish to obtain a share of royalties?
>>Does
the Licensor wish to be provided with copies of any publication
which incorporates the
licensed material?
>>Conversely,
is the Licensor to be obliged to provide updates of the material
from time to time?
>>How
much money is involved?
>>Will
there be repeated use of the material?
>>What
will be the extent of the use of the material? What acts of
copyright (eg. copying, publication, broadcasting, etc) are covered?
>>Will
the material be reproduced only in facsimile form (if a document) or
will it be incorporated in digital form?
>>Will
it be manipulated, enhanced or merged with other data or material in
digital form to produce derivative materials? If so, who will own
copyright in the derivative version or enhancements?
>>Policy
considerations - does the Licensor wish to be associated with the
material i.e. have any attribution of authorship?
>>Liability
considerations - is the Licensor at risk in the event reliance is
placed on the material (i.e. in the event of an error)?
>>Is
the Licensor interested in marketing or exploiting the material
itself?
>>Has
a license in fact already been granted?
>>A
License may be granted orally.
>>Implied
licenses may be granted by the copyright owner for a purchaser of
materials to use them in particular ways.
>>A
License may take the form of a casual exchange of letters between
the copyright owner and the prospective user.
>>A
License may take the form of formally written legal agreements
between the copyright owner and the prospective user.
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