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ausip:assignlicence [2019/02/17 17:11]
jessiej_87 update to statutory licence
ausip:assignlicence [2019/03/10 12:17] (current)
jessiej_87
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-# Copyright ​assignments ​and licences+# Copyright ​Assignments ​and Licences
  
-Copyright is a personal property right. The interest conferred by copyright law is the exclusive rights to do acts comprised in the copyright. These rights can be assigned or licensed. ​Assignment ​is the sale of interest of copyright ​and a license is a permission to do some of the acts comprised in copyright. Each of these will be considered in detail below. ​+Copyright is a personal property right. The interest conferred by copyright law is the exclusive rights to do acts comprised in the copyright. These rights can be assigned or licensed. ​An assignment of copyright ​is a transfer ​of ownership and interest ​in all, or some of the copyright. A license is a permission to do some of the acts comprised in copyright. Each of these will be considered in detail below. ​
  
  
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 An assignment is a transfer of copyright ownership from one person (the assignor) to another person (the assignee). Section 196(2) provides that an assignment may be limited in any way, including by the specific rights assigned (the copyright owner does not have to assign all of their copyright interests at once), jurisdiction,​ or a period of time. If the assignment is with respect to partial rights, the copyright owner splits the copyright into separate interests. An assignment is a transfer of copyright ownership from one person (the assignor) to another person (the assignee). Section 196(2) provides that an assignment may be limited in any way, including by the specific rights assigned (the copyright owner does not have to assign all of their copyright interests at once), jurisdiction,​ or a period of time. If the assignment is with respect to partial rights, the copyright owner splits the copyright into separate interests.
  
-Section 196(1) of the //Copyright Act 1968// provides that: "​Copyright is personal property and […] is transmissible by assignment, by will and by devolution by operation of law".+Section 196(1) of the //Copyright Act 1968// provides that: "​Copyright is personal property and […] is transmissible by assignment, by will and by devolution by operation of law"​. ​
  
-An assignment is a transfer of copyright ownership from one person (the assignor) to another person (the assignee). ​Section ​196(2) ​provides that an assignment may be limited in any way, including by the specific rights ​assigned ​(the copyright ​owner does not have to assign all of their copyright ​interests ​at once)jurisdictionor period of time+Section ​197 provides that future copyright can be assigned. Future ​copyright ​refers ​to copyright ​interest that will come into existence ​at a future time or at a future event. Where a future copyright interest is assignedcopyright will vest in the assignee when the work comes into existence (for examplecopyright in yet unwritten book).
  
-Section 197 provides that future copyright can be assigned. Future copyright refers to a copyright interest that will come into existence at a future time or on happening a future event. Where a future copyright interest is assignedcopyright will vest in the assignee ​when the work comes into existence ​(for examplecopyright ​in a yet unwritten book).+For example, when musicians become members of the Australasian Performing Rights Association ​(APRA)they grant an assignment to APRA the performance rights ​in all their present and future musical works. This enables APRA to collect performing rights licence fees on the musicians'​ behalf.
  
-For example, when musicians become members of the Australasian Performing Rights Association (APRA), they grant an assignment to APRA of the performance rights in all their present and future musical works. This enables APRA to collect performing rights licence fees on the musicians'​ behalf. +An assignment __must be in writing__ and signed by the assignor to be effective. ((//​CA// ​s 196(3) ))
- +
-An assignment __must be in writing__ and signed by the assignor to be effective. ((s 196(3) ))+
  
 When copyright is assigned, the assignee acquires full rights with respect to the copyright interest assigned - for example, they may licence the interest, assign it to someone else, or sue another person for copyright infringement. The assignor retains no special rights in relation to the work and may even be sued for infringement by the assignee. When copyright is assigned, the assignee acquires full rights with respect to the copyright interest assigned - for example, they may licence the interest, assign it to someone else, or sue another person for copyright infringement. The assignor retains no special rights in relation to the work and may even be sued for infringement by the assignee.
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-An exclusive license is "a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, to do an act that … the owner of the copyright would, but for the licence, have the exclusive right to do". (( s 10(1) )) Exclusive licences give the licensee the power to sublicense and the title to sue for infringement. ((s 119))+An exclusive license is "a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, to do an act that … the owner of the copyright would, but for the licence, have the exclusive right to do". (( //​CA// ​s 10(1) )) Exclusive licences give the licensee the power to sublicense and the title to sue for infringement. ((//​CA// ​s 119))
  
-Where there is a non exclusive licence, others may have rights.+In the instance ​there is a non-exclusive licence, others may have rights ​to use or make use of the copyright work.
  
-A license is the product. Where use of a product would necessarily infringe copyright (as in software), then it could be said that you’re not paying for the product (i.e., CD), but the licence. You get some rights over the physical medium, but you have no right to use it without a copyright licence+A license is the product. Where use of a product would necessarily infringe copyright (as in software), then it could be said that you are not paying for the product (i.e., CD), but the licence. You get some rights over the physical medium, but you do not have the full rights ​to make use of the works.
  
 Often the licence is inside the box the software comes in – Shrinkwrap license. Or as a pre-requisite to a download – Clickwrap license. Often the licence is inside the box the software comes in – Shrinkwrap license. Or as a pre-requisite to a download – Clickwrap license.
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 ### Implied licenses ### Implied licenses
  
-Licenses can be implied from the circumstances. A newspaper editor has an implied licence to publish letters to the editor. This is always subject to directions to the contrary. An implied license also exists to use commissioned copyright material for the purposes contemplated. ((Beck v Montana Constructions Pty Ltd)) +Licenses can be implied from the circumstances. A newspaper editor has an implied licence to publish letters to the editor. This is always subject to directions to the contrary. An implied license also exists to use commissioned copyright material for the purposes contemplated. ((//Beck v Montana Constructions Pty Ltd// (1963) WN (NSW) 1578))
- +
-##### Beck v Montana Constructions Pty Ltd [1964-5] NSWR 229; (1963) WN (NSW) 1578  +
- +
-* Facts: A firm of architects was commissioned to draw plans for a block of units. When the owners sold the land they gave the purchaser the plans +
- +
-* The purchaser decided to build in accordance with the plans but not to retain the architect+
  
-* Another architect was retained – his plans were a substantial reproduction of the first architect’s plans+__//Beck v Montana Constructions Pty Ltd// (([1964-5] NSWR 229; (1963) WN (NSW) 1578))__ ​
  
-The original architects sued the purchaser and its architect for infringement of the copyright in the sketch plans+In the case of //Beck v Montana Constructions Pty Ltd// (((1963) WN (NSW) 1578)) a firm of architects was commissioned to draw plans for a block of units. When the owners sold the land they gave the purchaser the plans. The purchaser decided to build in accordance with the plans but not to retain the architect. The other architect who was retained produced plans which were a substantial reproduction of the first architect’s plans. ​The original architects sued the purchaser and its architect for infringement of the copyright in the sketch plans.
  
-* Held: There was an implied licence in favour of the purchaser to use the plans in respect of the same land+It was held that there was an implied licence in favour of the purchaser to use the plans in respect of the same land.
  
 ### Creative Commons Licensing ### Creative Commons Licensing
  
-Creative Commons (CC) is a non-profit organisation which created a public licensing suite. The licenses are free, easy-to-use copyright licenses ​to make a simple and standardised way to give the public permission to share and use creative work. The idea of the CC licenses is to help people legally share their "​knowledge and creativity to build a more equitable, accessible, and innovative world"​. ​((Creative Commons "What we do"​(https://​creativecommons.org/​about/​))  ​+Creative Commons (CC) is a non-profit organisation which created a public licensing suite. The licenses are free, easy-to-use copyright licenses ​that provide ​a simple and standardised way to give the public permission to share and use creative work. The idea of the CC licenses is to help people legally share their "​knowledge and creativity to build a more equitable, accessible, and innovative world"​. ​[Creative Commons "What we do"](https://​creativecommons.org/​about/​)  ​
  
 Creative Commons licensing can be applied by any person to their work, and can be taken advantage of by any person to use the licensed work (provided it is in accordance with the terms of the license). Creative Commons licensing can be applied by any person to their work, and can be taken advantage of by any person to use the licensed work (provided it is in accordance with the terms of the license).
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-**Video overview by Rachel Varshney on[Creative Commons Licensing](https://​youtu.be/​BzR6gVzFSjo).**+**Video overview by Rachel Varshney on[Creative Commons Licensing](https://​www.youtube.com/watch?v=BzR6gVzFSjo).**
  
 ### Statutory Licences ### Statutory Licences
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 A statutory licence involves the copyright owner making the copyright work available for use (to a specific audience) without requiring permission. The copyright owner is then entitled to be compensated for the use of their work.  A statutory licence involves the copyright owner making the copyright work available for use (to a specific audience) without requiring permission. The copyright owner is then entitled to be compensated for the use of their work. 
    
-In December 2017 the statutory licensing scheme in Australia was simplified. The previous educational statutory licences in Parts VA and VB of the //Copyright Act 1968// (Cth) was be replaced by one simplified statutory licence. ((ss 113N - 113U)) The statutory licence will be discussed in more detail in Chapter 9 - Copyright Limitations and Exceptions. ​+In December 2017 the statutory licensing scheme in Australia was simplified. The previous educational statutory licences in Parts VA and VB of the //Copyright Act 1968// (Cth) was replaced by one simplified statutory licence. ((//​CA// ​ss 113N - 113U)) The statutory licence will be discussed in more detail in Chapter 9 - Copyright Limitations and Exceptions. ​
  
    
  
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