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Open Copyright License

Open Copyright License Template for Australia

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Key Requirements PROMPT example:

Open Copyright License

"I need an Open Copyright License for a new educational software platform launching in March 2025, which will allow free use of our learning materials by educational institutions while requiring attribution and ensuring commercial users need to obtain a separate license."

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Document background
This Open Copyright License template is designed for use under Australian jurisdiction when copyright holders wish to make their creative works, software, or other intellectual property freely available while maintaining certain controls and protections. The document incorporates key requirements from the Australian Copyright Act 1968 and related legislation, providing a robust framework for open licensing while ensuring compliance with local legal requirements. It's particularly suitable for creators, organizations, and institutions looking to contribute to the open-source or open-content ecosystem while operating within Australian legal frameworks. The license includes essential provisions for attribution, usage rights, liability limitations, and termination conditions, making it appropriate for various types of creative works ranging from software and documentation to educational materials and artistic works.
Suggested Sections

1. Parties: Identifies the licensor (copyright holder) and defines the potential licensees (usually 'any person or entity who exercises the licensed rights')

2. Background: Explains the context of the license, the nature of the work being licensed, and the intent to make it openly available

3. Definitions: Defines key terms used throughout the license, including 'Work', 'License', 'Licensed Rights', 'Share', 'Modify', etc.

4. Grant of License: Explicitly states the rights being granted, including permissions to use, share, and modify the work

5. License Conditions: Specifies the conditions under which the license is granted, such as attribution requirements and notice of license terms

6. Copyright Notice: States the original copyright ownership and retention of rights not explicitly licensed

7. Disclaimer of Warranties: Disclaims warranties and limits licensor liability to the extent permitted by law

8. Term and Termination: Specifies the duration of the license and conditions for termination

9. Miscellaneous: Contains standard legal provisions including governing law, severability, and no waiver clauses

Optional Sections

1. Commercial Use Provisions: Additional terms specifically addressing commercial use of the licensed work, included when commercial use is permitted

2. Share-Alike Requirements: Terms requiring derivative works to be licensed under the same terms, included when implementing copyleft principles

3. Patent License: Additional terms covering patent rights, included when the licensed work may involve patentable elements

4. Moral Rights: Specific provisions addressing moral rights under Australian law, included when moral rights are relevant to the work

5. Data Privacy Compliance: Terms addressing data privacy when the licensed work involves personal data or database rights

6. Geographic Restrictions: Specific terms for different jurisdictions, included when the license needs geographic-specific provisions

Suggested Schedules

1. Schedule 1 - Licensed Work: Detailed description or specification of the work being licensed

2. Schedule 2 - Attribution Requirements: Specific format and requirements for attribution

3. Schedule 3 - Approved Formats: List of approved formats for sharing or modifying the work

4. Appendix A - License Summary: Plain language summary of key license terms for quick reference

5. Appendix B - Notice Text: Standard notice text to be included with any distribution of the work

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Work
Licensed Material
License
Licensor
Licensee
Copyright
Moral Rights
Attribution
Share
Distribute
Reproduce
Modify
Derivative Works
Adapted Material
Copyright Notice
License Elements
Public Domain
Rights
Licensed Rights
Use
Commercial Use
Non-commercial Use
Educational Use
Source Form
Object Form
Technical Measures
Copyright Management Information
Effective Technological Measures
Media
Format
Verify
You
Your
Share-Alike
Creative Elements
Original Author
Contribution
Contributor
Attribution Parties
Copyright Owner
Material
Performance
Broadcast
Communication
Relevant Industries

Technology

Education

Media and Entertainment

Research and Development

Publishing

Software Development

Arts and Culture

Public Sector

Non-Profit

Digital Content Creation

Relevant Teams

Legal

Intellectual Property

Content Creation

Software Development

Research and Development

Digital Rights Management

Creative Services

Documentation

Knowledge Management

Innovation

Publications

Open Source

Library Services

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Content Manager

Software Development Manager

Research Director

Digital Rights Manager

Copyright Officer

Open Source Program Manager

Creative Director

Publications Manager

Chief Technology Officer

Innovation Manager

Knowledge Management Officer

Library Director

Documentation Specialist

Industries
Copyright Act 1968: The primary legislation governing copyright law in Australia, covering creation, ownership, duration, and licensing of copyright works
Competition and Consumer Act 2010: Regulates business conduct and consumer protection, including provisions affecting licensing agreements and unfair contract terms
Patents Act 1990: Relevant if the licensed material contains patentable elements or intersects with patent rights
Berne Convention for the Protection of Literary and Artistic Works: International treaty establishing minimum standards for copyright protection across member countries
TRIPS Agreement: World Trade Organization agreement setting global standards for intellectual property protection and enforcement
Electronic Transactions Act 1999: Governs electronic communications and transactions, relevant for digital licensing and online distribution
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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