This chapter of the IPR toolkit provides specific tools and agreements, which can be adapted and used to help you deal with the rights and licensing issues associated with using content generated by third parties.

Top tips - Issuing licences to 3rd parties

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Context

This resource is based upon the IPR Toolkit created by the JISC-funded Web2Rights Project and adapted for SCA sponsors and other organisations across the public sector. It is intended to form part of a toolkit, which can be further adapted to suit specific requirements and issued to content creators and content users across the public sector who are responsible for rights management and rights clearances. This paper provides some headline issues to consider when issuing licences to third parties who wish to use content generated by public-sector bodies.

Top Tips

Whatever use you allow:

  • Remember that if you have obtained licences from others (staff, volunteers, freelancers, etc) to use their content and/or technology, the licences you issue to users cannot go beyond any limitations in these licences that have been granted to you
  • Make sure you clarify who you want to allow access to the content, and how your users will be able to use it
  • Ensure that any licence you propose to issue to users (whether in the form of a template, one you have developed with your own terms and conditions, or if you have decided to use an open content licence) is fit for purpose: if it does not do what you want it to do, then find or develop another one that is more appropriate
  • If you are using a ‘ready made’ licence, read the provisions and make sure that it covers what you want to allow and under what conditions
  • Where possible issue a licence that is governed by the law and courts of the country/region where your institution is located
  • Check with your institution who has the authority to grant the licence
  • Consider issuing a licence that disclaims liability for any subsequent unauthorised activities by users
  • Ensure that the licence does not include any clauses that might present legal risks for your institution, or your users
  • Copyright is not the only legal issue – make sure you cover other legal issues that may arise, such as defamation and liability for inaccurate information
  • Take legal advice if you are at all uncertain

Whilst we hope you find the contents of the SCA IPR Toolkit useful and informative, the contents are for general advice and best practice purposes only and do not constitute legal advice. Although we believe the contents are up to date and accurate as well as a true representation of best practice advice, we can give no assurances or warranty regarding the accuracy, currency or applicability of any of the contents in relation to specific situations and particular circumstances. In such circumstances, appropriate professional legal advice should always be sought.

© HEFCE, on behalf of JISC. The contents of this IPR Toolkit are licensed for use under a Creative Commons Attribution-Non-Commercial 2.0 UK: England & Wales Licence.

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