You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
229 lines
13 KiB
229 lines
13 KiB
Creative Commons Legal Code
|
|
|
|
Attribution 2.0
|
|
|
|
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
|
|
LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
|
|
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
|
|
INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
|
|
REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
|
|
DAMAGES RESULTING FROM ITS USE.
|
|
|
|
License
|
|
|
|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
|
|
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
|
|
COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
|
|
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
|
|
|
|
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
|
|
TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
|
|
RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
|
|
AND CONDITIONS.
|
|
|
|
1. Definitions
|
|
|
|
a. "Collective Work" means a work, such as a periodical issue, anthology
|
|
or encyclopedia, in which the Work in its entirety in unmodified form,
|
|
along with a number of other contributions, constituting separate and
|
|
independent works in themselves, are assembled into a collective
|
|
whole. A work that constitutes a Collective Work will not be
|
|
considered a Derivative Work (as defined below) for the purposes of
|
|
this License.
|
|
b. "Derivative Work" means a work based upon the Work or upon the Work
|
|
and other pre-existing works, such as a translation, musical
|
|
arrangement, dramatization, fictionalization, motion picture version,
|
|
sound recording, art reproduction, abridgment, condensation, or any
|
|
other form in which the Work may be recast, transformed, or adapted,
|
|
except that a work that constitutes a Collective Work will not be
|
|
considered a Derivative Work for the purpose of this License. For the
|
|
avoidance of doubt, where the Work is a musical composition or sound
|
|
recording, the synchronization of the Work in timed-relation with a
|
|
moving image ("synching") will be considered a Derivative Work for the
|
|
purpose of this License.
|
|
c. "Licensor" means the individual or entity that offers the Work under
|
|
the terms of this License.
|
|
d. "Original Author" means the individual or entity who created the Work.
|
|
e. "Work" means the copyrightable work of authorship offered under the
|
|
terms of this License.
|
|
f. "You" means an individual or entity exercising rights under this
|
|
License who has not previously violated the terms of this License with
|
|
respect to the Work, or who has received express permission from the
|
|
Licensor to exercise rights under this License despite a previous
|
|
violation.
|
|
|
|
2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
|
|
or restrict any rights arising from fair use, first sale or other
|
|
limitations on the exclusive rights of the copyright owner under copyright
|
|
law or other applicable laws.
|
|
|
|
3. License Grant. Subject to the terms and conditions of this License,
|
|
Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
|
|
perpetual (for the duration of the applicable copyright) license to
|
|
exercise the rights in the Work as stated below:
|
|
|
|
a. to reproduce the Work, to incorporate the Work into one or more
|
|
Collective Works, and to reproduce the Work as incorporated in the
|
|
Collective Works;
|
|
b. to create and reproduce Derivative Works;
|
|
c. to distribute copies or phonorecords of, display publicly, perform
|
|
publicly, and perform publicly by means of a digital audio
|
|
transmission the Work including as incorporated in Collective Works;
|
|
d. to distribute copies or phonorecords of, display publicly, perform
|
|
publicly, and perform publicly by means of a digital audio
|
|
transmission Derivative Works.
|
|
e. For the avoidance of doubt, where the work is a musical composition:
|
|
|
|
i. Performance Royalties Under Blanket Licenses. Licensor waives
|
|
the exclusive right to collect, whether individually or via a
|
|
performance rights society (e.g. ASCAP, BMI, SESAC), royalties
|
|
for the public performance or public digital performance (e.g.
|
|
webcast) of the Work.
|
|
ii. Mechanical Rights and Statutory Royalties. Licensor waives the
|
|
exclusive right to collect, whether individually or via a music
|
|
rights agency or designated agent (e.g. Harry Fox Agency),
|
|
royalties for any phonorecord You create from the Work ("cover
|
|
version") and distribute, subject to the compulsory license
|
|
created by 17 USC Section 115 of the US Copyright Act (or the
|
|
equivalent in other jurisdictions).
|
|
|
|
f. Webcasting Rights and Statutory Royalties. For the avoidance of
|
|
doubt, where the Work is a sound recording, Licensor waives the
|
|
exclusive right to collect, whether individually or via a
|
|
performance-rights society (e.g. SoundExchange), royalties for the
|
|
public digital performance (e.g. webcast) of the Work, subject to the
|
|
compulsory license created by 17 USC Section 114 of the US Copyright
|
|
Act (or the equivalent in other jurisdictions).
|
|
|
|
The above rights may be exercised in all media and formats whether now
|
|
known or hereafter devised. The above rights include the right to make
|
|
such modifications as are technically necessary to exercise the rights in
|
|
other media and formats. All rights not expressly granted by Licensor are
|
|
hereby reserved.
|
|
|
|
4. Restrictions. The license granted in Section 3 above is expressly made
|
|
subject to and limited by the following restrictions:
|
|
|
|
a. You may distribute, publicly display, publicly perform, or publicly
|
|
digitally perform the Work only under the terms of this License, and
|
|
You must include a copy of, or the Uniform Resource Identifier for,
|
|
this License with every copy or phonorecord of the Work You
|
|
distribute, publicly display, publicly perform, or publicly digitally
|
|
perform. You may not offer or impose any terms on the Work that alter
|
|
or restrict the terms of this License or the recipients' exercise of
|
|
the rights granted hereunder. You may not sublicense the Work. You
|
|
must keep intact all notices that refer to this License and to the
|
|
disclaimer of warranties. You may not distribute, publicly display,
|
|
publicly perform, or publicly digitally perform the Work with any
|
|
technological measures that control access or use of the Work in a
|
|
manner inconsistent with the terms of this License Agreement. The
|
|
above applies to the Work as incorporated in a Collective Work, but
|
|
this does not require the Collective Work apart from the Work itself
|
|
to be made subject to the terms of this License. If You create a
|
|
Collective Work, upon notice from any Licensor You must, to the extent
|
|
practicable, remove from the Collective Work any reference to such
|
|
Licensor or the Original Author, as requested. If You create a
|
|
Derivative Work, upon notice from any Licensor You must, to the extent
|
|
practicable, remove from the Derivative Work any reference to such
|
|
Licensor or the Original Author, as requested.
|
|
b. If you distribute, publicly display, publicly perform, or publicly
|
|
digitally perform the Work or any Derivative Works or Collective
|
|
Works, You must keep intact all copyright notices for the Work and
|
|
give the Original Author credit reasonable to the medium or means You
|
|
are utilizing by conveying the name (or pseudonym if applicable) of
|
|
the Original Author if supplied; the title of the Work if supplied; to
|
|
the extent reasonably practicable, the Uniform Resource Identifier, if
|
|
any, that Licensor specifies to be associated with the Work, unless
|
|
such URI does not refer to the copyright notice or licensing
|
|
information for the Work; and in the case of a Derivative Work, a
|
|
credit identifying the use of the Work in the Derivative Work (e.g.,
|
|
"French translation of the Work by Original Author," or "Screenplay
|
|
based on original Work by Original Author"). Such credit may be
|
|
implemented in any reasonable manner; provided, however, that in the
|
|
case of a Derivative Work or Collective Work, at a minimum such credit
|
|
will appear where any other comparable authorship credit appears and
|
|
in a manner at least as prominent as such other comparable authorship
|
|
credit.
|
|
|
|
5. Representations, Warranties and Disclaimer
|
|
|
|
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
|
|
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
|
|
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
|
|
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
|
|
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
|
|
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
|
|
WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
|
|
OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
|
|
|
|
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
|
|
LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
|
|
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
|
|
ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
|
|
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
|
|
|
7. Termination
|
|
|
|
a. This License and the rights granted hereunder will terminate
|
|
automatically upon any breach by You of the terms of this License.
|
|
Individuals or entities who have received Derivative Works or
|
|
Collective Works from You under this License, however, will not have
|
|
their licenses terminated provided such individuals or entities remain
|
|
in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
|
|
will survive any termination of this License.
|
|
b. Subject to the above terms and conditions, the license granted here is
|
|
perpetual (for the duration of the applicable copyright in the Work).
|
|
Notwithstanding the above, Licensor reserves the right to release the
|
|
Work under different license terms or to stop distributing the Work at
|
|
any time; provided, however that any such election will not serve to
|
|
withdraw this License (or any other license that has been, or is
|
|
required to be, granted under the terms of this License), and this
|
|
License will continue in full force and effect unless terminated as
|
|
stated above.
|
|
|
|
8. Miscellaneous
|
|
|
|
a. Each time You distribute or publicly digitally perform the Work or a
|
|
Collective Work, the Licensor offers to the recipient a license to the
|
|
Work on the same terms and conditions as the license granted to You
|
|
under this License.
|
|
b. Each time You distribute or publicly digitally perform a Derivative
|
|
Work, Licensor offers to the recipient a license to the original Work
|
|
on the same terms and conditions as the license granted to You under
|
|
this License.
|
|
c. If any provision of this License is invalid or unenforceable under
|
|
applicable law, it shall not affect the validity or enforceability of
|
|
the remainder of the terms of this License, and without further action
|
|
by the parties to this agreement, such provision shall be reformed to
|
|
the minimum extent necessary to make such provision valid and
|
|
enforceable.
|
|
d. No term or provision of this License shall be deemed waived and no
|
|
breach consented to unless such waiver or consent shall be in writing
|
|
and signed by the party to be charged with such waiver or consent.
|
|
e. This License constitutes the entire agreement between the parties with
|
|
respect to the Work licensed here. There are no understandings,
|
|
agreements or representations with respect to the Work not specified
|
|
here. Licensor shall not be bound by any additional provisions that
|
|
may appear in any communication from You. This License may not be
|
|
modified without the mutual written agreement of the Licensor and You.
|
|
|
|
|
|
Creative Commons is not a party to this License, and makes no warranty
|
|
whatsoever in connection with the Work. Creative Commons will not be
|
|
liable to You or any party on any legal theory for any damages
|
|
whatsoever, including without limitation any general, special,
|
|
incidental or consequential damages arising in connection to this
|
|
license. Notwithstanding the foregoing two (2) sentences, if Creative
|
|
Commons has expressly identified itself as the Licensor hereunder, it
|
|
shall have all rights and obligations of Licensor.
|
|
|
|
Except for the limited purpose of indicating to the public that the
|
|
Work is licensed under the CCPL, neither party will use the trademark
|
|
"Creative Commons" or any related trademark or logo of Creative
|
|
Commons without the prior written consent of Creative Commons. Any
|
|
permitted use will be in compliance with Creative Commons'
|
|
then-current trademark usage guidelines, as may be published on its
|
|
website or otherwise made available upon request from time to time.
|
|
|
|
Creative Commons may be contacted at http://creativecommons.org/.
|