Licences – Publication and Public

8/12/2019 Licences Publication and Public

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icencesPublication and

Public


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Licence The permission granted by competent authorityto

exercise a certain privilegethat, without suchauthorization, would constitute an illegal act, a

Trespass or a tort.The certificate or the document

itself that confers permission to engage in

otherwise proscribed conduct.

Business LicenceA legal document that grants you the right to

operate a businessin your city. Depending on yourbusiness, there are other licenses that may also be

required.


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To make

To use

To disclose to others by publication

in a marketed product

in a service manual

as a sub-license to a third party

to lease

To sell

Right under

Licences


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Exclusive - there can only be onelicensee; the licensor has no rights to

exploit the technology/product Sole - exclusive but for the licensor; i.e.,

the licensor has rights to exploit the

technology/product Non-exclusive - there is no limit to the

number of potential licensees

Types of Licences


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The Licensors reasons might include: to make money

to help sell products, services, equipment

to obtain technology via grantback to secure a market

to settle a patent dispute

cross-licensing of other, existing technology

rights to future technology to buy continued development of the licensors

technology

Why License?


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The Licensors reasons might include: to acquire marketing strength, capital and market assets

or an interest in them.

to reduce capital requirements for reaching a market. to adapt a product to a local market

to reach fields of use outside the licensors normalpurview

to avoid waste of by-product technology to profit from residual value in an old technology

to fulfill local laws

to avoid antitrust/anti-competition or trade regulationproblems

Why License?


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The Licensees reasons might include:

to obtain rights to technology

to supplement the licensees R&D

to obtain continuing access to technical help

to benefit from the good reputation of thelicensor by gaining ability to use its trademark

to obtain quick entry without cost andtechnology risks

to obtain access to the licensors facilities

Why License?


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A public licenseor public copyright licenseis alicense by which a licensor can grant additionalcopyright permissions to licensees and in which

either the licensees or both the licensees andlicensors are unlimited.

Also called open copyright licenses butonlyfor free content licenses.

Public copyright licenses do not limit theirlicensees.

Public Licences


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To qualify as a public copyright license a licensemust not limit licensors either. Under thisdefinition, licenses specific to a single licensor donot qualify as public copyright licenses.

Creative Commonslicenses are explicitly identifiedas public licenses. Any person can apply a CreativeCommons license to their work, and any person cantake advantage of the license to use the licensed

work according to the terms and conditions of therelevant license.

Some organisations approve public copyrightlicenses that meet certain criteria.

Public Licences


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Libre licensesare a popular subset of publiccopyright licenses. Includes

free and open source software licenses

free content licenses.

Share-alike licenses require derivatives of thelicensed work to be released under the samelicense as the original.

copyleft license

permissive licenses or copyfree licenses

Open supplement licensespermit derivatives ofthe work (specifically material that supplementsthe original work) but not duplicates.

Different Public copyrightlicences

P bli i


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To publishis to make content available tothe general public.

It is usually applied to text, images, or other audio-

visual content on any traditional medium, includingpaper (newspapers, magazines, catalogs, etc.)

"Publication" is a technical term in legal contextsand especially important in copyright legislation. An

author of a work generally is the initial owner ofthe copyright on the work. One of the copyrightsgranted to the author of a work is the exclusiveright to publish the work.

Publication

Licences


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Any person may apply to the Copyright Board for alicence to produce and publish a translation of a literaryor dramatic work in any language

Any person may apply to the Copyright Board for alicence to produce and publish a translation, in printedor analogous forms of reproduction, of a literary ordramatic work, other than an Indian work, in anylanguage in general use in India after a period of three

years from the publication of such work.

Every applicant for a licence under this section shall,along with his application, deposit with the Registrar ofCopyrights such fee as may be prescribed.

cence o pro uce anpublish

translations(Section 32)


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Where an application is made to the CopyrightBoard under this section, it may, after holding suchinquiry as may be prescribed, grant to the applicanta licence, not being an exclusive licence, to produceand publish a translation of the work in thelanguage mentioned in 82[the application-

subject to the condition that the applicant shall pay tothe owner of the copyright in the work royalties in

respect of copies of the translation of the work sold tothe public.

condition that the licence shall not extend to the exportof copies of the translation of the work outside India

cence o pro uce anpublish

translations(Section 32)


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Where, after the expiration of the relevant periodfrom the date of the first publication of an editionof a literary, scientific or artistic work,-

the copies of such edition are not made available in

India Every such application shall be made in such form

as may be prescribed and shall state the proposedretail price of a copy of the work to be reproduced.

Every applicant for a licence under this sectionshall, along with his application, deposit with theRegistrar of Copyrights such fee as may beprescribed.

Licence to reproduce and publishworks for certain purposes(Section

32A)


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If, at any time after the granting of a licence to produceor reproduce and publish the translation of a work inany language under sub-section (1A) of section 32(hereafter in this sub-section referred to as the licensedwork), the owner of the copyright in the work or any

person authorised by him publishes a translation ofsuch work in the same language and which issubstantially the same in content at a price reasonablyrelated to the price normally charged in India for thetranslation of works of the same standard on the sameor similar subject, the licence so granted under sub-

section (1A) of section 32 can be terminated: Provided that no such termination shall take effect until after

the expiry of a period of three months from the date ofservice of a notice in the prescribed manner on the personholding such licence by the owner of the right of translationintimating the publication of the translation

Termination of licences issuedunder this chapter(Section 32B)


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Application Fee(http://copyright.gov.in/frmFeeDetailsSho

w.aspx)

Documents

Licences – Publication and Public