I didn't realize the rights to the Daleks were seperate from the rest of Dr. Who.
As a rule, British TV writers retain more ownership of their creations than American ones do. Pretty much any character or species created by Doctor Who
by a freelancer rather than the show's own staff is the property of its creator. That's why Bob Baker was able to license the K-9 character to the makers of the unofficial Australian spinoff, which was able to use K-9 (and hire John Leeson to reprise his voice) but had to change his appearance (after a brief glimpse of the original) and could only make implicit allusions to anything else from Doctor Who
The catch is that Terry Nation and his estate have historically been more reluctant to license the Daleks than other DW writers have been. There were even a couple of times when they denied Doctor Who
itself the right to the Daleks, which is why there were a couple of periods in the original series where years went by without a Dalek story. The Virgin New/Missing Adventures novels didn't have the rights to the Daleks either, at least not while I was reading them, so they were able to talk about the Daleks but not actually feature them.