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256 lines
15 KiB
256 lines
15 KiB
Creative Commons Legal Code
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Attribution-ShareAlike 2.5
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
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ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
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INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
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DAMAGES RESULTING FROM ITS USE.
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License
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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
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COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
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COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
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AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
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TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
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RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
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AND CONDITIONS.
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1. Definitions
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a. "Collective Work" means a work, such as a periodical issue, anthology
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or encyclopedia, in which the Work in its entirety in unmodified form,
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along with a number of other contributions, constituting separate and
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independent works in themselves, are assembled into a collective
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whole. A work that constitutes a Collective Work will not be
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considered a Derivative Work (as defined below) for the purposes of
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this License.
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b. "Derivative Work" means a work based upon the Work or upon the Work
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and other pre-existing works, such as a translation, musical
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arrangement, dramatization, fictionalization, motion picture version,
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sound recording, art reproduction, abridgment, condensation, or any
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other form in which the Work may be recast, transformed, or adapted,
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except that a work that constitutes a Collective Work will not be
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considered a Derivative Work for the purpose of this License. For the
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avoidance of doubt, where the Work is a musical composition or sound
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recording, the synchronization of the Work in timed-relation with a
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moving image ("synching") will be considered a Derivative Work for the
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purpose of this License.
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c. "Licensor" means the individual or entity that offers the Work under
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the terms of this License.
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d. "Original Author" means the individual or entity who created the Work.
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e. "Work" means the copyrightable work of authorship offered under the
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terms of this License.
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f. "You" means an individual or entity exercising rights under this
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License who has not previously violated the terms of this License with
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respect to the Work, or who has received express permission from the
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Licensor to exercise rights under this License despite a previous
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violation.
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g. "License Elements" means the following high-level license attributes
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as selected by Licensor and indicated in the title of this License:
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Attribution, ShareAlike.
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2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
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or restrict any rights arising from fair use, first sale or other
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limitations on the exclusive rights of the copyright owner under copyright
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law or other applicable laws.
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3. License Grant. Subject to the terms and conditions of this License,
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Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
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perpetual (for the duration of the applicable copyright) license to
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exercise the rights in the Work as stated below:
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a. to reproduce the Work, to incorporate the Work into one or more
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Collective Works, and to reproduce the Work as incorporated in the
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Collective Works;
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b. to create and reproduce Derivative Works;
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c. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio
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transmission the Work including as incorporated in Collective Works;
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d. to distribute copies or phonorecords of, display publicly, perform
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publicly, and perform publicly by means of a digital audio
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transmission Derivative Works.
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e. For the avoidance of doubt, where the work is a musical composition:
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i. Performance Royalties Under Blanket Licenses. Licensor waives
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the exclusive right to collect, whether individually or via a
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performance rights society (e.g. ASCAP, BMI, SESAC), royalties
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for the public performance or public digital performance (e.g.
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webcast) of the Work.
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ii. Mechanical Rights and Statutory Royalties. Licensor waives the
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exclusive right to collect, whether individually or via a music
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rights society or designated agent (e.g. Harry Fox Agency),
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royalties for any phonorecord You create from the Work ("cover
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version") and distribute, subject to the compulsory license
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created by 17 USC Section 115 of the US Copyright Act (or the
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equivalent in other jurisdictions).
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f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
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where the Work is a sound recording, Licensor waives the exclusive
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right to collect, whether individually or via a performance-rights
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society (e.g. SoundExchange), royalties for the public digital
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performance (e.g. webcast) of the Work, subject to the compulsory
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license created by 17 USC Section 114 of the US Copyright Act (or the
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equivalent in other jurisdictions).
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The above rights may be exercised in all media and formats whether now
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known or hereafter devised. The above rights include the right to make
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such modifications as are technically necessary to exercise the rights in
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other media and formats. All rights not expressly granted by Licensor are
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hereby reserved.
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4. Restrictions. The license granted in Section 3 above is expressly made
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subject to and limited by the following restrictions:
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a. You may distribute, publicly display, publicly perform, or publicly
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digitally perform the Work only under the terms of this License, and
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You must include a copy of, or the Uniform Resource Identifier for,
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this License with every copy or phonorecord of the Work You
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distribute, publicly display, publicly perform, or publicly digitally
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perform. You may not offer or impose any terms on the Work that alter
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or restrict the terms of this License or the recipients' exercise of
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the rights granted hereunder. You may not sublicense the Work. You
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must keep intact all notices that refer to this License and to the
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disclaimer of warranties. You may not distribute, publicly display,
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publicly perform, or publicly digitally perform the Work with any
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technological measures that control access or use of the Work in a
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manner inconsistent with the terms of this License Agreement. The
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above applies to the Work as incorporated in a Collective Work, but
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this does not require the Collective Work apart from the Work itself
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to be made subject to the terms of this License. If You create a
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Collective Work, upon notice from any Licensor You must, to the extent
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practicable, remove from the Collective Work any credit as required by
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clause 4(c), as requested. If You create a Derivative Work, upon
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notice from any Licensor You must, to the extent practicable, remove
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from the Derivative Work any credit as required by clause 4(c), as
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requested.
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b. You may distribute, publicly display, publicly perform, or publicly
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digitally perform a Derivative Work only under the terms of this
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License, a later version of this License with the same License
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Elements as this License, or a Creative Commons iCommons license that
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contains the same License Elements as this License (e.g. Attribution-
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ShareAlike 2.5 Japan). You must include a copy of, or the Uniform
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Resource Identifier for, this License or other license specified in
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the previous sentence with every copy or phonorecord of each
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Derivative Work You distribute, publicly display, publicly perform, or
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publicly digitally perform. You may not offer or impose any terms on
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the Derivative Works that alter or restrict the terms of this License
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or the recipients' exercise of the rights granted hereunder, and You
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must keep intact all notices that refer to this License and to the
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disclaimer of warranties. You may not distribute, publicly display,
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publicly perform, or publicly digitally perform the Derivative Work
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with any technological measures that control access or use of the Work
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in a manner inconsistent with the terms of this License Agreement. The
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above applies to the Derivative Work as incorporated in a Collective
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Work, but this does not require the Collective Work apart from the
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Derivative Work itself to be made subject to the terms of this
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License.
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c. If you distribute, publicly display, publicly perform, or publicly
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digitally perform the Work or any Derivative Works or Collective
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Works, You must keep intact all copyright notices for the Work and
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provide, reasonable to the medium or means You are utilizing: (i) the
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name of the Original Author (or pseudonym, if applicable) if supplied,
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and/or (ii) if the Original Author and/or Licensor designate another
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party or parties (e.g. a sponsor institute, publishing entity,
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journal) for attribution in Licensor's copyright notice, terms of
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service or by other reasonable means, the name of such party or
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parties; the title of the Work if supplied; to the extent reasonably
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practicable, the Uniform Resource Identifier, if any, that Licensor
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specifies to be associated with the Work, unless such URI does not
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refer to the copyright notice or licensing information for the Work;
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and in the case of a Derivative Work, a credit identifying the use of
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the Work in the Derivative Work (e.g., "French translation of the Work
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by Original Author," or "Screenplay based on original Work by Original
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Author"). Such credit may be implemented in any reasonable manner;
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provided, however, that in the case of a Derivative Work or Collective
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Work, at a minimum such credit will appear where any other comparable
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authorship credit appears and in a manner at least as prominent as
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such other comparable authorship credit.
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5. Representations, Warranties and Disclaimer
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UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE
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WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
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CONCERNING THE MATERIALS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
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FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
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LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
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WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
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LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
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ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
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ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Termination
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a. This License and the rights granted hereunder will terminate
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automatically upon any breach by You of the terms of this License.
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Individuals or entities who have received Derivative Works or
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Collective Works from You under this License, however, will not have
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their licenses terminated provided such individuals or entities remain
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in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
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will survive any termination of this License.
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b. Subject to the above terms and conditions, the license granted here is
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perpetual (for the duration of the applicable copyright in the Work).
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Notwithstanding the above, Licensor reserves the right to release the
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Work under different license terms or to stop distributing the Work at
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any time; provided, however that any such election will not serve to
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withdraw this License (or any other license that has been, or is
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required to be, granted under the terms of this License), and this
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License will continue in full force and effect unless terminated as
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stated above.
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8. Miscellaneous
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a. Each time You distribute or publicly digitally perform the Work or a
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Collective Work, the Licensor offers to the recipient a license to the
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Work on the same terms and conditions as the license granted to You
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under this License.
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b. Each time You distribute or publicly digitally perform a Derivative
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Work, Licensor offers to the recipient a license to the original Work
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on the same terms and conditions as the license granted to You under
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this License.
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c. If any provision of this License is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this License, and without further action
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by the parties to this agreement, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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enforceable.
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d. No term or provision of this License shall be deemed waived and no
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breach consented to unless such waiver or consent shall be in writing
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and signed by the party to be charged with such waiver or consent.
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e. This License constitutes the entire agreement between the parties with
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respect to the Work licensed here. There are no understandings,
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agreements or representations with respect to the Work not specified
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here. Licensor shall not be bound by any additional provisions that
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may appear in any communication from You. This License may not be
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modified without the mutual written agreement of the Licensor and You.
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Creative Commons is not a party to this License, and makes no warranty
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whatsoever in connection with the Work. Creative Commons will not be
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liable to You or any party on any legal theory for any damages
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whatsoever, including without limitation any general, special,
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incidental or consequential damages arising in connection to this
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license. Notwithstanding the foregoing two (2) sentences, if Creative
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Commons has expressly identified itself as the Licensor hereunder, it
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shall have all rights and obligations of Licensor.
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Except for the limited purpose of indicating to the public that the
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Work is licensed under the CCPL, neither party will use the trademark
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"Creative Commons" or any related trademark or logo of Creative
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Commons without the prior written consent of Creative Commons. Any
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permitted use will be in compliance with Creative Commons'
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then-current trademark usage guidelines, as may be published on its
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website or otherwise made available upon request from time to time.
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Creative Commons may be contacted at http://creativecommons.org/.
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