The purpose of this statement is to draw to your attention the Intellectual Property arrangements in respect of an organisation's use of a Best Practice Report.
REPORTS FROM BEST PRACTICE AUSTRALIA
Pursuant to the terms of our Retainer, and notwithstanding your organisation’s commissioning of a Best Practice Report, the intellectual property in the Report remains the property of Best Practice Australia Pty Ltd. That intellectual property involves:-
- the questions and methodology contained in the survey;
- the text of the Report and its annexures;
- the substance of the confidential information contained in the text of the Report.
In essence, if your organisation has retained the services of Best Practice Australia to compile and present the Report and in turn, Best Practice Australia affords your organisation with an indefinite, complementary, exclusive licence to use the copyright and information in the Report for the purposes for which it was commissioned.
The contents of the Report are highly confidential and further to the implications of Best Practice Australia retaining ownership of the copyright in the text, the Report cannot be duplicated:-
- by any third party for any purpose other than within the scope of the Retainer;
- without the written permission of Best Practice Australia Pty Ltd.
Specifically, if there is any prospect that the Report will be:-
by any third party and for any purpose currently anticipated or otherwise – including litigious purposes or within the context of any industrial dispute, the preliminary written permission of Best Practice Australia must be sought.
Without such written permission, any unauthorised use, publication or duplication of the Report will be an infringement of the intellectual property rights of Best Practice Australia Pty Ltd.
In the circumstances, you as our client would have a contractual and fiduciary obligation to Best Practice Australia to:-
- respect the intellectual property rights in the Report of Best Practice Australia Pty Ltd;
- advise Best Practice Australia by e-mail should there be any actual or potential misuse of the intellectual property within these terms of our delivery of the Report.
The Report contains highly sensitive and significant information. Should that information fall into the hands of parties other than those who commissioned the Report in the instance, there is potential for considerable damage to be done:-
- not only to Best Practice Australia Pty Ltd; but
- your organisation that commissioned the Report in the first instance.
Should these directions be contradicted, then that party being:-
- your organisation as our client;
- the third party who duplicated the material
will be liable to Best Practice Australia Pty Ltd.