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Any of these conditions can be waived if you get permission from the copyright holder. Your fair use and other rights are in no way affected by the above.

There are also public domain options, and founders’ copyright which grant exclusive use for 14 years before entering the public domain. There is a sampling licence for music, image and other files. The sampling licence allows the licensee, in simple terms:

  • To sample, mash-up or otherwise creatively transform this work for commercial or non-commercial purposes

  • To perform, display and distribute copies of this whole work for non- commercial purposes (e.g. file-sharing or non-commercial webcasting

The following conditions apply:

  • You must give the original author credit

  • You may not use this work to advertise or promote anything but the work you create from it

  • For any reuse or distribution, you must make clear to others the licence terms of this work

In all cases there are legal versions of the licences, applicable to the law of England & Wales and machine readable versions.

There are applications where versions of the Creative Commons licences can be used but each ‘database’ of material has to consider seriously the implications in relation to its contents.

The Creative Commons model, which is based on trust, does not allow technological protection measures and these licences are granted in perpetuity for any copyright in the work to which they are attached. Except for breaches of conditions the licences are irrevocable – a condition alone which could exclude their use with medical images. One should bear in mind that the nature of electronic communication will make tracing all copies and derivatives an onerous task. As the material is distributed it can result in a large file of permissions following derivative files.

The simplicity of the human readable form is admirable but the conditions are unlikely to be suitable in all situations e.g. where third party material is included or where, for example, the institution wishes to retain rights to photographs or there are confidentiality issues. A Netherlands court has upheld the validity of Creative Commons licences. Although the licences were written by national legal experts to apply to a particular country there seems to be very little case law.

4.7.2 Negotiating licences

Several documents and sections in books discuss licences and their negotiation, mainly in the e-learning environment. The same principles can be applied in a multimedia repository. A licence should:

  • Ensure that all allowed by education exceptions is permitted OR

  • General exceptions are allowed OR

  • Meet all the criteria required by the repository

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