C5.23 EDIT Intellectual Property Licence Options Appraisal

Although Creative Commons Licences do not specifically cover data or databases (and in this they do not address the Database Right), based upon the comparison table above, it is suggested that out of the three licences (see details in the component), Creative Commons Licences are the most suitable of the three. This is primarily because unlike the other two options, Creative Commons licences:

  • Have been tried and tested
  • Facilitate the selection of the required jurisdiction (probably the UK)
  • Require users of content to credit the author
  • Permit the option to grant access rights for non commercial uses

If EDIT decides to choose to provide access under a Creative Commons Licence, in light of EDIT’s access policy, it is recommended that the licence options below which best fit with its priorities are:

  • CC Attribution Non Commercial Licence
  • CC Attribution Non Commercial No Derivatives Licence
  • CC Attribution Non Commercial Share Alike Licence

As Creative Commons do not specifically cover the Data Base Right, an alternative option would be for EDIT to consider the option of creating an open access licence which specifically addresses the issues of the Database Right. However, in light of current developments, it is suggested that EDIT best choice would be the selection of one of the Creative Commons licences above.These recommendations are based upon the current legislative framework and licensing options available at this point in time. EDIT may need to re-evaluate the above recommendations in light of any changes to the law, new licences that become available and/or other relevant developments.

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