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207 lines
9.6 KiB
207 lines
9.6 KiB
EFF Open Audio License:
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Version 1.0.1
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Changes from ver. 1.0[.0]: Typo corrections; no substantive changes.
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1. I. Preamble
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2. II. Terms of Use
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3. III. How to Use this License
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I. PREAMBLE
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PRINCIPLES
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Digital technology and the Internet can eMPOWER ARTISTS TO REACH A
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WORldwide audience and to build upon each other's ideas and imagination
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with extremely low production and distribution costs. Many software
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developers, through both the open source software initiative and the
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free software movement, have long taken advantage of these facts to
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create a vibrant community of shared software that benefits creators and
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the public.
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EFF's Open Audio License provides a legal tool that borrows from both
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movements providing freedom and openness to use music and other
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expressive works in new ways. It allows artists to grant the public
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permission to copy, distribute, adapt, and publicly perform their works
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royalty-free as long as credit is given to the creator as the Original
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Author.
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As in the software communities, this license is intended to help foster
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a community of creators and performers who are free to share and build
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on each others' work. This also frees their audience to share works that
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they enjoy with others, all for the purpose of creating a rich and
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vibrant public commons.
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More specifically, this license is designed to serve as a tool of
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freedom for artists who wish to reach one another and new fans with
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their original works. It allows musicians to collaborate in creating a
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pool of "open audio" that can be freely modified, exchanged, and
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utilized in new ways. Artists can use this license to promote themselves
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and take advantage of the new possibilities for empowerment and
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independence that technology provides. It also allows the public to
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experience new music, and connect directly with artists, as well as
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enable "super distribution" where the public is encouraged to copy and
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distribute a work, adding value to the artist's reputation while
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experiencing a world of new music never before available.
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Why is the EFF advocating a license?
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Because, despite the fact that we are uneasy with the licensing, as
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opposed to sale, of both music and software, we see this particular
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license as a tool of freedom. Our goal is to use the tools of copyright
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to free artists and audiences from the portion of current copyright law
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that seems, to us, to be getting in the way of copyright's original
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purpose -- the creation of a vibrant public commons of music that we all
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can enjoy and that artists can build upon. As part of it, we hope to
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demonstrate some of what we believe should be the best practices in
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licenses, including respect for the rights and limitations of copyright
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law including fair use, first sale rights, as well as consumer
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protection laws and of course freedom of speech. The aim of this license
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is to use copyright tools to achieve copyright's stated objectives of
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spreading knowledge and culture while preserving incentives for the
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author.
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For legal purposes, this document is the official license under which
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Open Audio is made available for public use. The original version of
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this document may be found at:
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http://www.eff.org/IP/Open_licenses/eff_oal.html
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Specific terms and conditions for accessing, copying, distribution,
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adaptation, public performance, and attribution follow.
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II. TERMS AND CONDITIONS FOR USE:
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Access, Copying, Distribution, Public Performance, Adaptation, and Attribution
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This license applies to any work offered by the Original Author(s) with
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a notice indicating that it is released under the terms of the EFF Open
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Audio License, "(O)". If used in conjunction with a sound recording
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(whether in digital or analog form), this license encompasses the
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copyright in both the sound recording (the "master" rights) and the
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underlying musical composition (the "songwriter" rights).
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The Original Author retains the copyrights to works released under this
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license, but grants the worldwide public permission to use the work in
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the ways authorized herein. Activities other than those specifically
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addressed below are outside the scope of this license.
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1. Access, Reproduction, Distribution, Modification, and
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Performance Rights. Subject to the terms and conditions of this
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license, the Original Author irrevocably and perpetually grants to
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the public authorization to freely access, copy, distribute, modify,
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create derivative works from, and publicly perform the work released
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under this license in any medium or format, provided that Original
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Author attribution be included with any copies distributed or public
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performances of the work, as well as any derivative works based on
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the work, as further described below.
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2. Original Author Attribution Requirement. Original Author
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attribution is generally defined as a method in the regular course
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of dealing that reasonably conveys to the recipient of a copy or
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performance the following information: (1) The notice "(O)" that
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indicates the work is released under the EFF Open Audio license; (2)
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the identity of the Original Author; (3) the title of the work (at
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Original Author's option); and (4) how the first listed Original
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Author may be contacted (at Original Author's option).
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Where a common, widely-adopted method for attribution is available
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(such as ID3 tagging for MP3 files), Original Author attribution
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should be implemented using the common, widely-adopted method. In
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other circumstances, Original Author attribution may be implemented
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in any reasonable fashion, such as by including attribution in the
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public performance, or affixing it to the physical media, or
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embedding it in the digital file. See the Suggested Guidelines for
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general attribution requirements for giving proper credit to the
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work's Original Author in differing circumstances.
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3. Agree Not to Limit Others' Use. Any new work that in whole or in
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part contains or is derived from a work (or part thereof) made
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available under this license, must itself be licensed as a whole
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under the terms of this license.
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Notwithstanding the foregoing, mere aggregation on a volume of a
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storage or distribution medium of an independently created work with
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one that is made available under this license does not bring the
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other work under the scope of this license. It is not the intent of
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this section to contest the rights of others in works created
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entirely by them; rather, the intent is to exercise the right to
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control the distribution of derivative or collective works based
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upon a work subject to this license.
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4. Acceptance of Terms. Because you have not signed this license,
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you cannot be required to accept it. But nothing besides this
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license grants you authorization to copy, distribute, adapt, or
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publicly perform royalty-free the copyrighted works released under
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it. These activities are prohibited by law without a license or
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other contractual right granted by the copyright owner. By
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exercising one of the rights granted herein you indicate your
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acceptance of this license and agree to be bound by all its terms
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and conditions.
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5. License Version. This license is Version 1.0. New versions of
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this license will be published from time to time at:
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http://www.eff.org/IP/Open_licenses/eff_oal.html
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Anyone who releases a work under the license without specifying a
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version number allows the recipient to use the work subject to the
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then-current version of this license.
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6. Civil Liberties Unrestricted. Nothing in this license is
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intended to reduce, limit, or restrict any fair use, the first sale
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doctrine, or the public side of the copyright bargain under
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copyright law, or to in any other way limit any rights bestowed
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under consumer protection or other applicable laws.
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7. Warranty. By offering an original work for public release under
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this license, the Original Author warrants that (i) s/he has the
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power and authority to grant the rights conveyed herein, and (ii)
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use of the work within the scope of this license will not infringe
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the copyright of any third party.
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III. HOW TO USE THIS LICENSE
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If you are a musician, band, or other artist and you want your creative
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works to be experienced by the widest audience possible and touch the
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hearts and minds of the greatest number of people around the world, the
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EFF Open Audio License allows your fans and supporters to market and
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distribute your work through viral marketing that creates attention and
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adds value to your identity. You can also help build a common pool of
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creative expression that can be accessed and improved upon by all of
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society.
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To do so, convey or affix the following information to or about the copy
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or performance of the work:
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The designation "(O)", representing "open" which indicates that the
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Original Author(s) have released the work subject to the terms and
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conditions of this public license;
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Name of work's Original Author(s) (both the performer and the song
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writer);
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Name or title of work (at option of author);
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First Original Author's specified contact means usually an email or
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Internet address (at option of author);
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notice, year created; and license version number.
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Examples: (O) Future Tribe "Gaian Smile" www.VirtualRecordings.com
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2001 V.1.0
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or (O) Future Tribe "Imitatio Mundi" future@virtualrecordings.com
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2001 V.1.0
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This license is designed to provide artists with a mechanism to promote
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their creative talents and identity to millions of people through
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releasing certain recordings to the public. It is also designed to serve
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as a tool to allow musicians to experiment with new business models that
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do not depend solely on a payment of fee-per-copy. Changing times
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require artists be creative in devising new business models for assuring
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payment and adequate compensation for their important contributions to
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society.
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