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Revision 1.1 - (show annotations) (download)
Thu Feb 7 20:31:49 2013 UTC (19 months, 3 weeks ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Move Creative Commons licenses to shorter names.

1 Creative Commons Legal Code
2
3 Attribution 2.5
4
5 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
6 LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN
7 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
8 INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
9 REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR
10 DAMAGES RESULTING FROM ITS USE.
11
12 License
13
14 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
15 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY
16 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
17 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
18
19 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
20 TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE
21 RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS
22 AND CONDITIONS.
23
24 1. Definitions
25
26 a. "Collective Work" means a work, such as a periodical issue, anthology
27 or encyclopedia, in which the Work in its entirety in unmodified form,
28 along with a number of other contributions, constituting separate and
29 independent works in themselves, are assembled into a collective
30 whole. A work that constitutes a Collective Work will not be
31 considered a Derivative Work (as defined below) for the purposes of
32 this License.
33 b. "Derivative Work" means a work based upon the Work or upon the Work
34 and other pre-existing works, such as a translation, musical
35 arrangement, dramatization, fictionalization, motion picture version,
36 sound recording, art reproduction, abridgment, condensation, or any
37 other form in which the Work may be recast, transformed, or adapted,
38 except that a work that constitutes a Collective Work will not be
39 considered a Derivative Work for the purpose of this License. For the
40 avoidance of doubt, where the Work is a musical composition or sound
41 recording, the synchronization of the Work in timed-relation with a
42 moving image ("synching") will be considered a Derivative Work for the
43 purpose of this License.
44 c. "Licensor" means the individual or entity that offers the Work under
45 the terms of this License.
46 d. "Original Author" means the individual or entity who created the Work.
47 e. "Work" means the copyrightable work of authorship offered under the
48 terms of this License.
49 f. "You" means an individual or entity exercising rights under this
50 License who has not previously violated the terms of this License with
51 respect to the Work, or who has received express permission from the
52 Licensor to exercise rights under this License despite a previous
53 violation.
54
55 2. Fair Use Rights. Nothing in this license is intended to reduce, limit,
56 or restrict any rights arising from fair use, first sale or other
57 limitations on the exclusive rights of the copyright owner under copyright
58 law or other applicable laws.
59
60 3. License Grant. Subject to the terms and conditions of this License,
61 Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
62 perpetual (for the duration of the applicable copyright) license to
63 exercise the rights in the Work as stated below:
64
65 a. to reproduce the Work, to incorporate the Work into one or more
66 Collective Works, and to reproduce the Work as incorporated in the
67 Collective Works;
68 b. to create and reproduce Derivative Works;
69 c. to distribute copies or phonorecords of, display publicly, perform
70 publicly, and perform publicly by means of a digital audio
71 transmission the Work including as incorporated in Collective Works;
72 d. to distribute copies or phonorecords of, display publicly, perform
73 publicly, and perform publicly by means of a digital audio
74 transmission Derivative Works.
75 e. For the avoidance of doubt, where the work is a musical composition:
76
77 i. Performance Royalties Under Blanket Licenses. Licensor waives
78 the exclusive right to collect, whether individually or via a
79 performance rights society (e.g. ASCAP, BMI, SESAC), royalties
80 for the public performance or public digital performance (e.g.
81 webcast) of the Work.
82 ii. Mechanical Rights and Statutory Royalties. Licensor waives the
83 exclusive right to collect, whether individually or via a music
84 rights agency or designated agent (e.g. Harry Fox Agency),
85 royalties for any phonorecord You create from the Work ("cover
86 version") and distribute, subject to the compulsory license
87 created by 17 USC Section 115 of the US Copyright Act (or the
88 equivalent in other jurisdictions).
89
90 f. Webcasting Rights and Statutory Royalties. For the avoidance of doubt,
91 where the Work is a sound recording, Licensor waives the exclusive
92 right to collect, whether individually or via a performance-rights
93 society (e.g. SoundExchange), royalties for the public digital
94 performance (e.g. webcast) of the Work, subject to the compulsory
95 license created by 17 USC Section 114 of the US Copyright Act (or the
96 equivalent in other jurisdictions).
97
98 The above rights may be exercised in all media and formats whether now
99 known or hereafter devised. The above rights include the right to make
100 such modifications as are technically necessary to exercise the rights in
101 other media and formats. All rights not expressly granted by Licensor are
102 hereby reserved.
103
104 4. Restrictions. The license granted in Section 3 above is expressly made
105 subject to and limited by the following restrictions:
106
107 a. You may distribute, publicly display, publicly perform, or publicly
108 digitally perform the Work only under the terms of this License, and
109 You must include a copy of, or the Uniform Resource Identifier for,
110 this License with every copy or phonorecord of the Work You
111 distribute, publicly display, publicly perform, or publicly digitally
112 perform. You may not offer or impose any terms on the Work that alter
113 or restrict the terms of this License or the recipients' exercise of
114 the rights granted hereunder. You may not sublicense the Work. You
115 must keep intact all notices that refer to this License and to the
116 disclaimer of warranties. You may not distribute, publicly display,
117 publicly perform, or publicly digitally perform the Work with any
118 technological measures that control access or use of the Work in a
119 manner inconsistent with the terms of this License Agreement. The
120 above applies to the Work as incorporated in a Collective Work, but
121 this does not require the Collective Work apart from the Work itself
122 to be made subject to the terms of this License. If You create a
123 Collective Work, upon notice from any Licensor You must, to the extent
124 practicable, remove from the Collective Work any credit as required by
125 clause 4(b), as requested. If You create a Derivative Work, upon
126 notice from any Licensor You must, to the extent practicable, remove
127 from the Derivative Work any credit as required by clause 4(b), as
128 requested.
129 b. If you distribute, publicly display, publicly perform, or publicly
130 digitally perform the Work or any Derivative Works or Collective
131 Works, You must keep intact all copyright notices for the Work and
132 provide, reasonable to the medium or means You are utilizing: (i) the
133 name of the Original Author (or pseudonym, if applicable) if supplied,
134 and/or (ii) if the Original Author and/or Licensor designate another
135 party or parties (e.g. a sponsor institute, publishing entity,
136 journal) for attribution in Licensor's copyright notice, terms of
137 service or by other reasonable means, the name of such party or
138 parties; the title of the Work if supplied; to the extent reasonably
139 practicable, the Uniform Resource Identifier, if any, that Licensor
140 specifies to be associated with the Work, unless such URI does not
141 refer to the copyright notice or licensing information for the Work;
142 and in the case of a Derivative Work, a credit identifying the use of
143 the Work in the Derivative Work (e.g., "French translation of the Work
144 by Original Author," or "Screenplay based on original Work by Original
145 Author"). Such credit may be implemented in any reasonable manner;
146 provided, however, that in the case of a Derivative Work or Collective
147 Work, at a minimum such credit will appear where any other comparable
148 authorship credit appears and in a manner at least as prominent as
149 such other comparable authorship credit.
150
151 5. Representations, Warranties and Disclaimer
152
153 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
154 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
155 KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
156 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
157 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
158 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
159 WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
160 OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
161
162 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
163 LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
164 ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
165 ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
166 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
167
168 7. Termination
169
170 a. This License and the rights granted hereunder will terminate
171 automatically upon any breach by You of the terms of this License.
172 Individuals or entities who have received Derivative Works or
173 Collective Works from You under this License, however, will not have
174 their licenses terminated provided such individuals or entities remain
175 in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8
176 will survive any termination of this License.
177 b. Subject to the above terms and conditions, the license granted here is
178 perpetual (for the duration of the applicable copyright in the Work).
179 Notwithstanding the above, Licensor reserves the right to release the
180 Work under different license terms or to stop distributing the Work at
181 any time; provided, however that any such election will not serve to
182 withdraw this License (or any other license that has been, or is
183 required to be, granted under the terms of this License), and this
184 License will continue in full force and effect unless terminated as
185 stated above.
186
187 8. Miscellaneous
188
189 a. Each time You distribute or publicly digitally perform the Work or a
190 Collective Work, the Licensor offers to the recipient a license to the
191 Work on the same terms and conditions as the license granted to You
192 under this License.
193 b. Each time You distribute or publicly digitally perform a Derivative
194 Work, Licensor offers to the recipient a license to the original Work
195 on the same terms and conditions as the license granted to You under
196 this License.
197 c. If any provision of this License is invalid or unenforceable under
198 applicable law, it shall not affect the validity or enforceability of
199 the remainder of the terms of this License, and without further action
200 by the parties to this agreement, such provision shall be reformed to
201 the minimum extent necessary to make such provision valid and
202 enforceable.
203 d. No term or provision of this License shall be deemed waived and no
204 breach consented to unless such waiver or consent shall be in writing
205 and signed by the party to be charged with such waiver or consent.
206 e. This License constitutes the entire agreement between the parties with
207 respect to the Work licensed here. There are no understandings,
208 agreements or representations with respect to the Work not specified
209 here. Licensor shall not be bound by any additional provisions that
210 may appear in any communication from You. This License may not be
211 modified without the mutual written agreement of the Licensor and You.
212
213
214 Creative Commons is not a party to this License, and makes no warranty
215 whatsoever in connection with the Work. Creative Commons will not be
216 liable to You or any party on any legal theory for any damages
217 whatsoever, including without limitation any general, special,
218 incidental or consequential damages arising in connection to this
219 license. Notwithstanding the foregoing two (2) sentences, if Creative
220 Commons has expressly identified itself as the Licensor hereunder, it
221 shall have all rights and obligations of Licensor.
222
223 Except for the limited purpose of indicating to the public that the
224 Work is licensed under the CCPL, neither party will use the trademark
225 "Creative Commons" or any related trademark or logo of Creative
226 Commons without the prior written consent of Creative Commons. Any
227 permitted use will be in compliance with Creative Commons'
228 then-current trademark usage guidelines, as may be published on its
229 website or otherwise made available upon request from time to time.
230
231 Creative Commons may be contacted at http://creativecommons.org/.

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