1 | Creative Commons Legal Code
|
---|
2 |
|
---|
3 | Attribution 3.0 Unported
|
---|
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. TO THE EXTENT THIS LICENSE MAY
|
---|
21 | BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS
|
---|
22 | CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND
|
---|
23 | CONDITIONS.
|
---|
24 |
|
---|
25 | 1. Definitions
|
---|
26 |
|
---|
27 | a. "Adaptation" means a work based upon the Work, or upon the Work and
|
---|
28 | other pre-existing works, such as a translation, adaptation,
|
---|
29 | derivative work, arrangement of music or other alterations of a
|
---|
30 | literary or artistic work, or phonogram or performance and includes
|
---|
31 | cinematographic adaptations or any other form in which the Work may be
|
---|
32 | recast, transformed, or adapted including in any form recognizably
|
---|
33 | derived from the original, except that a work that constitutes a
|
---|
34 | Collection will not be considered an Adaptation for the purpose of
|
---|
35 | this License. For the avoidance of doubt, where the Work is a musical
|
---|
36 | work, performance or phonogram, the synchronization of the Work in
|
---|
37 | timed-relation with a moving image ("synching") will be considered an
|
---|
38 | Adaptation for the purpose of this License.
|
---|
39 | b. "Collection" means a collection of literary or artistic works, such as
|
---|
40 | encyclopedias and anthologies, or performances, phonograms or
|
---|
41 | broadcasts, or other works or subject matter other than works listed
|
---|
42 | in Section 1(f) below, which, by reason of the selection and
|
---|
43 | arrangement of their contents, constitute intellectual creations, in
|
---|
44 | which the Work is included in its entirety in unmodified form along
|
---|
45 | with one or more other contributions, each constituting separate and
|
---|
46 | independent works in themselves, which together are assembled into a
|
---|
47 | collective whole. A work that constitutes a Collection will not be
|
---|
48 | considered an Adaptation (as defined above) for the purposes of this
|
---|
49 | License.
|
---|
50 | c. "Distribute" means to make available to the public the original and
|
---|
51 | copies of the Work or Adaptation, as appropriate, through sale or
|
---|
52 | other transfer of ownership.
|
---|
53 | d. "Licensor" means the individual, individuals, entity or entities that
|
---|
54 | offer(s) the Work under the terms of this License.
|
---|
55 | e. "Original Author" means, in the case of a literary or artistic work,
|
---|
56 | the individual, individuals, entity or entities who created the Work
|
---|
57 | or if no individual or entity can be identified, the publisher; and in
|
---|
58 | addition (i) in the case of a performance the actors, singers,
|
---|
59 | musicians, dancers, and other persons who act, sing, deliver, declaim,
|
---|
60 | play in, interpret or otherwise perform literary or artistic works or
|
---|
61 | expressions of folklore; (ii) in the case of a phonogram the producer
|
---|
62 | being the person or legal entity who first fixes the sounds of a
|
---|
63 | performance or other sounds; and, (iii) in the case of broadcasts, the
|
---|
64 | organization that transmits the broadcast.
|
---|
65 | f. "Work" means the literary and/or artistic work offered under the terms
|
---|
66 | of this License including without limitation any production in the
|
---|
67 | literary, scientific and artistic domain, whatever may be the mode or
|
---|
68 | form of its expression including digital form, such as a book,
|
---|
69 | pamphlet and other writing; a lecture, address, sermon or other work
|
---|
70 | of the same nature; a dramatic or dramatico-musical work; a
|
---|
71 | choreographic work or entertainment in dumb show; a musical
|
---|
72 | composition with or without words; a cinematographic work to which are
|
---|
73 | assimilated works expressed by a process analogous to cinematography;
|
---|
74 | a work of drawing, painting, architecture, sculpture, engraving or
|
---|
75 | lithography; a photographic work to which are assimilated works
|
---|
76 | expressed by a process analogous to photography; a work of applied
|
---|
77 | art; an illustration, map, plan, sketch or three-dimensional work
|
---|
78 | relative to geography, topography, architecture or science; a
|
---|
79 | performance; a broadcast; a phonogram; a compilation of data to the
|
---|
80 | extent it is protected as a copyrightable work; or a work performed by
|
---|
81 | a variety or circus performer to the extent it is not otherwise
|
---|
82 | considered a literary or artistic work.
|
---|
83 | g. "You" means an individual or entity exercising rights under this
|
---|
84 | License who has not previously violated the terms of this License with
|
---|
85 | respect to the Work, or who has received express permission from the
|
---|
86 | Licensor to exercise rights under this License despite a previous
|
---|
87 | violation.
|
---|
88 | h. "Publicly Perform" means to perform public recitations of the Work and
|
---|
89 | to communicate to the public those public recitations, by any means or
|
---|
90 | process, including by wire or wireless means or public digital
|
---|
91 | performances; to make available to the public Works in such a way that
|
---|
92 | members of the public may access these Works from a place and at a
|
---|
93 | place individually chosen by them; to perform the Work to the public
|
---|
94 | by any means or process and the communication to the public of the
|
---|
95 | performances of the Work, including by public digital performance; to
|
---|
96 | broadcast and rebroadcast the Work by any means including signs,
|
---|
97 | sounds or images.
|
---|
98 | i. "Reproduce" means to make copies of the Work by any means including
|
---|
99 | without limitation by sound or visual recordings and the right of
|
---|
100 | fixation and reproducing fixations of the Work, including storage of a
|
---|
101 | protected performance or phonogram in digital form or other electronic
|
---|
102 | medium.
|
---|
103 |
|
---|
104 | 2. Fair Dealing Rights. Nothing in this License is intended to reduce,
|
---|
105 | limit, or restrict any uses free from copyright or rights arising from
|
---|
106 | limitations or exceptions that are provided for in connection with the
|
---|
107 | copyright protection under copyright law or other applicable laws.
|
---|
108 |
|
---|
109 | 3. License Grant. Subject to the terms and conditions of this License,
|
---|
110 | Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
|
---|
111 | perpetual (for the duration of the applicable copyright) license to
|
---|
112 | exercise the rights in the Work as stated below:
|
---|
113 |
|
---|
114 | a. to Reproduce the Work, to incorporate the Work into one or more
|
---|
115 | Collections, and to Reproduce the Work as incorporated in the
|
---|
116 | Collections;
|
---|
117 | b. to create and Reproduce Adaptations provided that any such Adaptation,
|
---|
118 | including any translation in any medium, takes reasonable steps to
|
---|
119 | clearly label, demarcate or otherwise identify that changes were made
|
---|
120 | to the original Work. For example, a translation could be marked "The
|
---|
121 | original work was translated from English to Spanish," or a
|
---|
122 | modification could indicate "The original work has been modified.";
|
---|
123 | c. to Distribute and Publicly Perform the Work including as incorporated
|
---|
124 | in Collections; and,
|
---|
125 | d. to Distribute and Publicly Perform Adaptations.
|
---|
126 | e. For the avoidance of doubt:
|
---|
127 |
|
---|
128 | i. Non-waivable Compulsory License Schemes. In those jurisdictions in
|
---|
129 | which the right to collect royalties through any statutory or
|
---|
130 | compulsory licensing scheme cannot be waived, the Licensor
|
---|
131 | reserves the exclusive right to collect such royalties for any
|
---|
132 | exercise by You of the rights granted under this License;
|
---|
133 | ii. Waivable Compulsory License Schemes. In those jurisdictions in
|
---|
134 | which the right to collect royalties through any statutory or
|
---|
135 | compulsory licensing scheme can be waived, the Licensor waives the
|
---|
136 | exclusive right to collect such royalties for any exercise by You
|
---|
137 | of the rights granted under this License; and,
|
---|
138 | iii. Voluntary License Schemes. The Licensor waives the right to
|
---|
139 | collect royalties, whether individually or, in the event that the
|
---|
140 | Licensor is a member of a collecting society that administers
|
---|
141 | voluntary licensing schemes, via that society, from any exercise
|
---|
142 | by You of the rights granted under this License.
|
---|
143 |
|
---|
144 | The above rights may be exercised in all media and formats whether now
|
---|
145 | known or hereafter devised. The above rights include the right to make
|
---|
146 | such modifications as are technically necessary to exercise the rights in
|
---|
147 | other media and formats. Subject to Section 8(f), all rights not expressly
|
---|
148 | granted by Licensor are hereby reserved.
|
---|
149 |
|
---|
150 | 4. Restrictions. The license granted in Section 3 above is expressly made
|
---|
151 | subject to and limited by the following restrictions:
|
---|
152 |
|
---|
153 | a. You may Distribute or Publicly Perform the Work only under the terms
|
---|
154 | of this License. You must include a copy of, or the Uniform Resource
|
---|
155 | Identifier (URI) for, this License with every copy of the Work You
|
---|
156 | Distribute or Publicly Perform. You may not offer or impose any terms
|
---|
157 | on the Work that restrict the terms of this License or the ability of
|
---|
158 | the recipient of the Work to exercise the rights granted to that
|
---|
159 | recipient under the terms of the License. You may not sublicense the
|
---|
160 | Work. You must keep intact all notices that refer to this License and
|
---|
161 | to the disclaimer of warranties with every copy of the Work You
|
---|
162 | Distribute or Publicly Perform. When You Distribute or Publicly
|
---|
163 | Perform the Work, You may not impose any effective technological
|
---|
164 | measures on the Work that restrict the ability of a recipient of the
|
---|
165 | Work from You to exercise the rights granted to that recipient under
|
---|
166 | the terms of the License. This Section 4(a) applies to the Work as
|
---|
167 | incorporated in a Collection, but this does not require the Collection
|
---|
168 | apart from the Work itself to be made subject to the terms of this
|
---|
169 | License. If You create a Collection, upon notice from any Licensor You
|
---|
170 | must, to the extent practicable, remove from the Collection any credit
|
---|
171 | as required by Section 4(b), as requested. If You create an
|
---|
172 | Adaptation, upon notice from any Licensor You must, to the extent
|
---|
173 | practicable, remove from the Adaptation any credit as required by
|
---|
174 | Section 4(b), as requested.
|
---|
175 | b. If You Distribute, or Publicly Perform the Work or any Adaptations or
|
---|
176 | Collections, You must, unless a request has been made pursuant to
|
---|
177 | Section 4(a), keep intact all copyright notices for the Work and
|
---|
178 | provide, reasonable to the medium or means You are utilizing: (i) the
|
---|
179 | name of the Original Author (or pseudonym, if applicable) if supplied,
|
---|
180 | and/or if the Original Author and/or Licensor designate another party
|
---|
181 | or parties (e.g., a sponsor institute, publishing entity, journal) for
|
---|
182 | attribution ("Attribution Parties") in Licensor's copyright notice,
|
---|
183 | terms of service or by other reasonable means, the name of such party
|
---|
184 | or parties; (ii) the title of the Work if supplied; (iii) to the
|
---|
185 | extent reasonably practicable, the URI, if any, that Licensor
|
---|
186 | specifies to be associated with the Work, unless such URI does not
|
---|
187 | refer to the copyright notice or licensing information for the Work;
|
---|
188 | and (iv) , consistent with Section 3(b), in the case of an Adaptation,
|
---|
189 | a credit identifying the use of the Work in the Adaptation (e.g.,
|
---|
190 | "French translation of the Work by Original Author," or "Screenplay
|
---|
191 | based on original Work by Original Author"). The credit required by
|
---|
192 | this Section 4 (b) may be implemented in any reasonable manner;
|
---|
193 | provided, however, that in the case of a Adaptation or Collection, at
|
---|
194 | a minimum such credit will appear, if a credit for all contributing
|
---|
195 | authors of the Adaptation or Collection appears, then as part of these
|
---|
196 | credits and in a manner at least as prominent as the credits for the
|
---|
197 | other contributing authors. For the avoidance of doubt, You may only
|
---|
198 | use the credit required by this Section for the purpose of attribution
|
---|
199 | in the manner set out above and, by exercising Your rights under this
|
---|
200 | License, You may not implicitly or explicitly assert or imply any
|
---|
201 | connection with, sponsorship or endorsement by the Original Author,
|
---|
202 | Licensor and/or Attribution Parties, as appropriate, of You or Your
|
---|
203 | use of the Work, without the separate, express prior written
|
---|
204 | permission of the Original Author, Licensor and/or Attribution
|
---|
205 | Parties.
|
---|
206 | c. Except as otherwise agreed in writing by the Licensor or as may be
|
---|
207 | otherwise permitted by applicable law, if You Reproduce, Distribute or
|
---|
208 | Publicly Perform the Work either by itself or as part of any
|
---|
209 | Adaptations or Collections, You must not distort, mutilate, modify or
|
---|
210 | take other derogatory action in relation to the Work which would be
|
---|
211 | prejudicial to the Original Author's honor or reputation. Licensor
|
---|
212 | agrees that in those jurisdictions (e.g. Japan), in which any exercise
|
---|
213 | of the right granted in Section 3(b) of this License (the right to
|
---|
214 | make Adaptations) would be deemed to be a distortion, mutilation,
|
---|
215 | modification or other derogatory action prejudicial to the Original
|
---|
216 | Author's honor and reputation, the Licensor will waive or not assert,
|
---|
217 | as appropriate, this Section, to the fullest extent permitted by the
|
---|
218 | applicable national law, to enable You to reasonably exercise Your
|
---|
219 | right under Section 3(b) of this License (right to make Adaptations)
|
---|
220 | but not otherwise.
|
---|
221 |
|
---|
222 | 5. Representations, Warranties and Disclaimer
|
---|
223 |
|
---|
224 | UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
|
---|
225 | OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
|
---|
226 | KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
|
---|
227 | INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
|
---|
228 | FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
|
---|
229 | LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS,
|
---|
230 | WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
|
---|
231 | OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
|
---|
232 |
|
---|
233 | 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE
|
---|
234 | LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR
|
---|
235 | ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
|
---|
236 | ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
|
---|
237 | BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
|
---|
238 |
|
---|
239 | 7. Termination
|
---|
240 |
|
---|
241 | a. This License and the rights granted hereunder will terminate
|
---|
242 | automatically upon any breach by You of the terms of this License.
|
---|
243 | Individuals or entities who have received Adaptations or Collections
|
---|
244 | from You under this License, however, will not have their licenses
|
---|
245 | terminated provided such individuals or entities remain in full
|
---|
246 | compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will
|
---|
247 | survive any termination of this License.
|
---|
248 | b. Subject to the above terms and conditions, the license granted here is
|
---|
249 | perpetual (for the duration of the applicable copyright in the Work).
|
---|
250 | Notwithstanding the above, Licensor reserves the right to release the
|
---|
251 | Work under different license terms or to stop distributing the Work at
|
---|
252 | any time; provided, however that any such election will not serve to
|
---|
253 | withdraw this License (or any other license that has been, or is
|
---|
254 | required to be, granted under the terms of this License), and this
|
---|
255 | License will continue in full force and effect unless terminated as
|
---|
256 | stated above.
|
---|
257 |
|
---|
258 | 8. Miscellaneous
|
---|
259 |
|
---|
260 | a. Each time You Distribute or Publicly Perform the Work or a Collection,
|
---|
261 | the Licensor offers to the recipient a license to the Work on the same
|
---|
262 | terms and conditions as the license granted to You under this License.
|
---|
263 | b. Each time You Distribute or Publicly Perform an Adaptation, Licensor
|
---|
264 | offers to the recipient a license to the original Work on the same
|
---|
265 | terms and conditions as the license granted to You under this License.
|
---|
266 | c. If any provision of this License is invalid or unenforceable under
|
---|
267 | applicable law, it shall not affect the validity or enforceability of
|
---|
268 | the remainder of the terms of this License, and without further action
|
---|
269 | by the parties to this agreement, such provision shall be reformed to
|
---|
270 | the minimum extent necessary to make such provision valid and
|
---|
271 | enforceable.
|
---|
272 | d. No term or provision of this License shall be deemed waived and no
|
---|
273 | breach consented to unless such waiver or consent shall be in writing
|
---|
274 | and signed by the party to be charged with such waiver or consent.
|
---|
275 | e. This License constitutes the entire agreement between the parties with
|
---|
276 | respect to the Work licensed here. There are no understandings,
|
---|
277 | agreements or representations with respect to the Work not specified
|
---|
278 | here. Licensor shall not be bound by any additional provisions that
|
---|
279 | may appear in any communication from You. This License may not be
|
---|
280 | modified without the mutual written agreement of the Licensor and You.
|
---|
281 | f. The rights granted under, and the subject matter referenced, in this
|
---|
282 | License were drafted utilizing the terminology of the Berne Convention
|
---|
283 | for the Protection of Literary and Artistic Works (as amended on
|
---|
284 | September 28, 1979), the Rome Convention of 1961, the WIPO Copyright
|
---|
285 | Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996
|
---|
286 | and the Universal Copyright Convention (as revised on July 24, 1971).
|
---|
287 | These rights and subject matter take effect in the relevant
|
---|
288 | jurisdiction in which the License terms are sought to be enforced
|
---|
289 | according to the corresponding provisions of the implementation of
|
---|
290 | those treaty provisions in the applicable national law. If the
|
---|
291 | standard suite of rights granted under applicable copyright law
|
---|
292 | includes additional rights not granted under this License, such
|
---|
293 | additional rights are deemed to be included in the License; this
|
---|
294 | License is not intended to restrict the license of any rights under
|
---|
295 | applicable law.
|
---|
296 |
|
---|
297 |
|
---|
298 | Creative Commons Notice
|
---|
299 |
|
---|
300 | Creative Commons is not a party to this License, and makes no warranty
|
---|
301 | whatsoever in connection with the Work. Creative Commons will not be
|
---|
302 | liable to You or any party on any legal theory for any damages
|
---|
303 | whatsoever, including without limitation any general, special,
|
---|
304 | incidental or consequential damages arising in connection to this
|
---|
305 | license. Notwithstanding the foregoing two (2) sentences, if Creative
|
---|
306 | Commons has expressly identified itself as the Licensor hereunder, it
|
---|
307 | shall have all rights and obligations of Licensor.
|
---|
308 |
|
---|
309 | Except for the limited purpose of indicating to the public that the
|
---|
310 | Work is licensed under the CCPL, Creative Commons does not authorize
|
---|
311 | the use by either party of the trademark "Creative Commons" or any
|
---|
312 | related trademark or logo of Creative Commons without the prior
|
---|
313 | written consent of Creative Commons. Any permitted use will be in
|
---|
314 | compliance with Creative Commons' then-current trademark usage
|
---|
315 | guidelines, as may be published on its website or otherwise made
|
---|
316 | available upon request from time to time. For the avoidance of doubt,
|
---|
317 | this trademark restriction does not form part of this License.
|
---|
318 |
|
---|
319 | Creative Commons may be contacted at http://creativecommons.org/.
|
---|