Created by John Magyar, B.A., J.D. and Dmytri Kleiner, the following Peer Production License, a model for a
copyfarleft license, has been derived from the
‘Attribution-NonCommercial-ShareAlike’ Creative Commons
license.
LICENSE
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS
OF THIS COPYFARLEFT PUBLIC LICENSE (“LICENSE”). THE WORK
IS PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS.
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 IN THIS LI-
CENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CON-
TRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE
IN AS CONSIDERATION FOR ACCEPTING THE TERMS AND CONDI-
TIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS LICENSE.
1. DEFINITIONS
- “Adaptation” means a work based upon the Work, or upon the Work and other pre-existing
works, such as a translation, adaptation, derivative work, arrangement of music or
other alterations of a literary or artistic work, or phonogram or performance and includes
cinematographic adaptations or any other form in which the Work may be recast, transformed,
or adapted including in any form recognizably derived from the original, except
that a work that constitutes a Collection will not be considered an Adaptation for the purpose
of this License. For the avoidance of doubt, where the Work is a musical work,performance
or phonogram, the synchronization of the Work in timed-relation with a moving
image (“synching”) will be considered an Adaptation for the purpose of this License.
- “Collection” means a collection of literary or artistic works, such as encyclopedias and
anthologies, or performances, phonograms or broadcasts, or other works or subject
matter other than works listed in Section 1(f) below, which, by reason of the selection
and arrangement of their contents, constitute intellectual creations, in which the
Work is included in its entirety in unmodified form along with one or more other contributions,
each constituting separate and independent works in themselves, which
together are assembled into a collective whole. A work that constitutes a Collection will
not be considered an Adaptation (as defined above) for the purposes of this License.
- “Distribute” means to make available to the public the original and copies of the Work
or Adaptation, as appropriate, through sale, gift or any other transfer of possession or
ownership.
- “Licensor” means the individual, individuals, entity or entities that offer(s) the Work
under the terms of this License.
- “Original Author” means, in the case of a literary or artistic work, the individual, individuals,
entity or entities who created the Work or if no individual or entity can be
45
identified, the publisher; and in addition (i) in the case of a performance the actors,
singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in,
interpret or otherwise perform literary or artistic works or expressions of folklore; (ii)
in the case of a phonogram the producer being the person or legal entity who first fixes
the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the
organization that transmits the broadcast.
- “Work” means the literary and/or artistic work offered under the terms of this License
including without limitation any production in the literary, scientific and artistic
domain, whatever may be the mode or form of its expression including digital form,
such as a book, pamphlet and other writing; a lecture, address, sermon or other work
of the same nature; a dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or without words; a cinematographic
work to which are assimilated works expressed by a process analogous
to cinematography; a work of drawing, painting, architecture, sculpture, engraving or
lithography; a photographic work to which are assimilated works expressed by a process
analogous to photography; a work of applied art; an illustration, map, plan, sketch
or three-dimensional work relative to geography, topography, architecture or science;
a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected
as a copyrightable work; or a work performed by a variety or circus performer to
the extent it is not otherwise considered a literary or artistic work.
- “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.
- “Publicly Perform” means to perform public recitations of the Work and to communicate
to the public those public recitations, by any means or process, including by
wire or wireless means or public digital performances; to make available to the public
Works in such a way that members of the public may access these Works from a place
and at a place individually chosen by them; to perform the Work to the public by any
means or process and the communication to the public of the performances of the
Work, including by public digital performance; to broadcast and rebroadcast the Work
by any means including signs, sounds or images.
- “Reproduce” means to make copies of the Work by any means including without limitation
by sound or visual recordings and the right of fixation and reproducing fixations
of the Work, including storage of a protected performance or phonogram in digital
form or other electronic medium.
2. FAIR DEALING RIGHTS.
Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright
or rights arising from limitations or exceptions that are provided for in connection with the
copyright protection 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:
46
- to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
- to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked “The original work was translated from English to Spanish,” or a modification could indicate “The original work has been modified.”;
- to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
- to Distribute and Publicly Perform Adaptations. 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. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(f).
4. RESTRICTIONS.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
- You may Distribute or Publicly Perform the Work only under the terms of this License.
You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the
recipient of the Work to exercise the rights granted to that recipient under the terms
of the License. You may not sublicense the Work. You must keep intact all notices that
refer to this License and to the disclaimer of warranties with every copy of the Work You
Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You
may not impose any effective technological measures on the Work that restrict the ability
of a recipient of the Work from You to exercise the rights granted to that recipient
under the terms of the License. This Section 4(a) applies to the Work as incorporated
in a Collection, but this does not require the Collection apart from the Work itself to
be made subject to the terms of this License. If You create a Collection, upon notice
from any Licensor You must, to the extent practicable, remove from the Collection any
credit as required by Section 4(d), as requested. If You create an Adaptation, upon notice
from any Licensor You must,to the extent practicable,remove from the Adaptation
any credit as required by Section 4(d), as requested.
- Subject to the exception in Section 4(c), you may not exercise any of the rights granted
to You in Section 3 above in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The exchange of the
Work for other copyrighted works by means of digital file-sharing or otherwise shall not
be considered to be intended for or directed toward commercial advantage or private
monetary compensation, provided there is no payment of any monetary compensation
in connection with the exchange of copyrighted works.
- You may exercise the rights granted in Section 3 for commercial purposes only if:
- You are a worker-owned business or worker-owned collective; and
- all financial gain, surplus, profits and benefits produced by the business or collective
are distributed among the worker-owners
- Any use by a business that is privately owned and managed, and that seeks to generate
47
profit from the labor of employees paid by salary or other wages, is not permitted under
this license.
- If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You
must, unless a request has been made pursuant to Section 4(a), keep intact all copyright
notices for the Work and provide, reasonable to the medium or means You are
utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied,
and/or if the Original Author and/or Licensor designate another party or parties (e.g.,
a sponsor institute, publishing entity, journal) for attribution (“Attribution Parties”) in
Licensor’s copyright notice, terms of service or by other reasonable means, the name
of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably
practicable, the URI, 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, (iv) consistent with Section 3(b), in the case of an Adaptation, a credit
identifying the use of the Work in the Adaptation (e.g., “French translation of the Work
by Original Author,” or “Screenplay based on original Work by Original Author”). The
credit required by this Section 4(d) may be implemented in any reasonable manner;
provided, however, that in the case of a Adaptation or Collection, at a minimum such
credit will appear, if a credit for all contributing authors of the Adaptation or Collection
appears, then as part of these credits and in a manner at least as prominent as the
credits for the other contributing authors. For the avoidance of doubt, You may only
use the credit required by this Section for the purpose of attribution in the manner
set out above and, by exercising Your rights under this License, You may not implicitly
or explicitly assert or imply any connection with, sponsorship or endorsement by the
Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your
use of the Work, without the separate, express prior written permission of the Original
Author, Licensor and/or Attribution Parties.
- For the avoidance of doubt:
- Non-waivable Compulsory License Schemes. In those jurisdictions in which the
right to collect royalties through any statutory or compulsory licensing scheme cannot
be waived, the Licensor reserves the exclusive right to collect such royalties for
any exercise by You of the rights granted under this License;
- Waivable Compulsory License Schemes. In those jurisdictions in which the right
to collect royalties through any statutory or compulsory licensing scheme can be
waived, the Licensor reserves the exclusive right to collect such royalties for any exercise
by You of the rights granted under this License if Your exercise of such rights
is for a purpose or use which is otherwise than noncommercial as permitted under
Section 4(b) and otherwise waives the right to collect royalties through any statutory
or compulsory licensing scheme; and,
- Voluntary License Schemes. The Licensor reserves the right to collect royalties,
whether individually or, in the event that the Licensor is a member of a collecting
society that administers voluntary licensing schemes, via that society, from any exercise
by You of the rights granted under this License that is for a purpose or use which
is otherwise than noncommercial as permitted under Section 4(b).
- Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted
by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either
by itself or as part of any Adaptations or Collections, You must not distort, mutilate,
modify or take other derogatory action in relation to the Work which would be prejudicial
to the Original Author’s honor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in Section 3(b) of this License
(the right to make Adaptations) would be deemed to be a distortion, mutilation,
modification or other derogatory action prejudicial to the Original Author’s honor and
reputation, the Licensor will waive or not assert, as appropriate, this Section, to the
fullest extent permitted by the applicable national law, to enable You to reasonably exercise
Your right under Section 3(b) of this License (right to make Adaptations) but not
otherwise.
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN
WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REP-
RESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE
WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUD-
ING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTI-
BILITY, 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 DIS-
COVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLU-
SION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT AP-
PLY 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 POS-
SIBILITY OF SUCH DAMAGES.
7. TERMINATION
- 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
Adaptations or Collections 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.
- 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
- Each time You Distribute or Publicly Perform the Work or a Collection, 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.
- Each time You Distribute or Publicly Perform an Adaptation, 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.
- 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.
- 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.
- 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.
- The rights granted under, and the subject matter referenced, in this License were drafted
utilizing the terminology of the Berne Convention for the Protection of Literary and
Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the
WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of
1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights
and subject matter take effect in the relevant jurisdiction in which the License terms
are sought to be enforced according to the corresponding provisions of the implementation
of those treaty provisions in the applicable national law. If the standard suite of
rights granted under applicable copyright law includes additional rights not granted
under this License, such additional rights are deemed to be included in the License;
this License is not intended to restrict the license of any rights under applicable law