Licence Markings

Licence markings for documents

The minimum mandatory licence markings for documents licensed with the GILF licences are:

a standard licence badge (usually added near the copyright notice)
a URL link containing the plain-English summary version of the licence and the legal code.

You may choose to copy a licence badge image from the table below. Alternatively, high resolution licence badge images (in addition to other logos and artwork information) can be found at http://creativecommons.org/about/downloads

The following table provides examples of licence markings, including the Restrictive Licence Template:

Minimum Mandatory Markings		Optional Markings
Licence name:	Creative Commons Attribution (BY)
Licence badge image:		Copyright statement: You are free to copy, communicate and adapt the work, as long as you attribute the authors.
URL link:	http://creativecommons.org/licenses/by/2.5/au	Licence: This document is licensed under a Creative Commons Attribution 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/2.5/au
Licence name:	Creative Commons BY-NC Attribution – Non-Commercial
Licence badge image:		Copyright statement: You are free to copy, communicate and adapt the work for non-commercial purposes, as long as you attribute the authors.
URL link:	http://creativecommons.org/licenses/by-nc/2.5/au/	Licence: This document is licensed under a Creative Commons Attribution Non-Commercial 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc/2.5/au/
Licence name:	Creative Commons BY-SA Attribution – Share Alike
Licence badge image:		Copyright statement: You are free to copy, communicate and adapt the work, as long as you attribute the authors and you distribute any derivative work (i.e. new work based on this document) only under this licence.
URL link:	http://creativecommons.org/licenses/by-sa/2.5/au/	Licence: This document is licensed under a Creative Commons Attribution ShareAlike 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by-sa/2.5/au/
Licence name:	Creative Commons BY-ND Attribution – No Derivatives
Licence badge image:		Copyright statement: You are free to copy and communicate the work in its current form, as long as you attribute the authors. You may not alter or adapt the document in any way.
URL link:	http://creativecommons.org/licenses/by-nd/2.5/au/	Licence: This document is licensed under a Creative Commons Attribution No Derivatives 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nd/2.5/au/
Licence name:	Creative Commons BY-NC-SA Attribution – Non-Commercial – Share Alike
Licence badge image:		Copyright statement: You are free to copy, communicate and adapt the work for non-commercial purposes, as long as you attribute the authors and you distribute any derivative work (i.e. new work based on this document) only under this licence.
URL link:	http://creativecommons.org/licenses/by-nc-sa/2.5/au/	Licence: This document is licensed under a Creative Commons Attribution Non-Commercial ShareAlike 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc-sa/2.5/au/
Licence name:	Creative Commons BY-NC-ND Attribution – Non-Commercial – No Derivatives
Licence badge image:		Copyright statement: You are free to copy and communicate the work in its current form for non-commercial purposes, as long as you attribute the authors. You may not alter or adapt the document in any way.
URL link:	http://creativecommons.org/licenses/by-nc-nd/2.5/au/	Licence: This document is licensed under a Creative Commons Attribution Non-Commercial No Derivatives 2.5 Australia licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc-nd/2.5/au/
Licence name:	Restrictive Licence
Licence badge image:		Copyright statement: Use of this material is limited according to agreed permissions and restrictions.
URL link:	http://www.gilf.gov.au/restrictive-licence-template	Licence: This document is licensed under a Government Information Licensing Framework Restrictive Licence.
For any Creative Commons licence, these are additional optional markings that can be used
Further information: For more information about a Creative Commons Australia licence send a letter to: Creative Commons Australia, c/o Law Faculty, Queensland University of Technology, GPO Box 2434, Brisbane Q 4001 For further permissions beyond the scope of this licence, contact: Officer Title: Address: Phone: Email: or For further information, contact: Officer Title: Address: Phone: Email:
Acknowledgements or Moral Rights: (Statement of acknowledgement or attribution of moral rights.)
Attribution or Recommended Citation: To attribute this material, cite Author or organisation [Year of publication], title, journal, issue, publisher Options for attribution if the IP or copyright in a component to a product is owned by multiple contributors: Contact all contributors to seek agreement that the information product (including websites) will be licensed (e.g. under an Attribution licence) and they, as a contributor, will be attributed on the information product (including websites). Contact all contributors, and if you cannot reach agreement on the licence (e.g. Attribution) and their attribution, list all contributors on a website and link to this site from a general attribution statement written into the information product. If it is impractical to contact all contributors (e.g. because of the media used to supply the component), then rely on the clause in the Creative Commons licences, which obviates the need to attribute if it is impossible to do so. In this case, the Attribution could be ‘null’.

Indemnities and disclaimers

While the Creative Commons licences do not contain an indemnity provision in favour of the licensor, they do contain very strong and comprehensive exclusion from liability (limitation on liability) and limitation of warranty provisions (disclaimer) in favour of the licensor. The provisions exclude and limit, to the maximum extent permitted by law, the licensor’s legal liability to the licensee. The exclusions from liability extend to fitness for purpose, and accuracy and currency of information or data. For example, the Creative Commons Attribution or BY licence contains the following clauses:

“5. Disclaimer.

EXCEPT AS EXPRESSLY STATED IN THIS LICENCE OR OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK “AS-IS” AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE CONTENTS OR ACCURACY OF THE WORK, OR OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, THE ABSENCE OF LATENT OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

6. Limitation on Liability.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIABILITY ARISING FROM CONTRARY MUTUAL AGREEMENT AS REFERRED TO IN SECTION 5, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING (WITHOUT LIMITATION) LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF DATA OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If applicable legislation implies warranties or conditions, or imposes obligations or liability on the Licensor in respect of this Licence that cannot be wholly or partly excluded, restricted or modified, the Licensor's liability is limited, to the full extent permitted by the applicable legislation, at its option, to:

a. in the case of goods, any one or more of the following:

i. the replacement of the goods or the supply of equivalent goods;

ii. the repair of the goods;

iii. the payment of the cost of replacing the goods or of acquiring equivalent goods;

iv. the payment of the cost of having the goods repaired; or

b. in the case of services:

i. the supplying of the services again; or

ii. the payment of the cost of having the services supplied again.”

These are considered sufficient without additional statements on the information product when it is licensed using a Creative Commons Australia licence.

In the case of the GILF Restrictive Licence, there is an option in the schedule of the Restrictive Licence template to include an indemnity if it is deemed necessary in the particular circumstances, having regard to the perceived high risk of legal liability.

Licences

Licence Markings