298 lines
17 KiB
Plaintext
298 lines
17 KiB
Plaintext
Creative Commons Legal Code
|
|
|
|
Attribution-ShareAlike 3.0 United States
|
|
|
|
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. TO THE EXTENT THIS LICENSE MAY BE
|
|
CONSIDERED TO BE A CONTRACT, 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 one or more 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. "Creative Commons Compatible License" means a license that is listed at
|
|
http://creativecommons.org/compatiblelicenses that has been approved by
|
|
Creative Commons as being essentially equivalent to this License,
|
|
including, at a minimum, because that license: (i) contains terms that have
|
|
the same purpose, meaning and effect as the License Elements of this
|
|
License; and, (ii) explicitly permits the relicensing of derivatives of
|
|
works made available under that license under this License or either a
|
|
Creative Commons unported license or a Creative Commons jurisdiction
|
|
license with the same License Elements as this License.
|
|
|
|
c. "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.
|
|
|
|
d. "License Elements" means the following high-level license attributes as
|
|
selected by Licensor and indicated in the title of this License:
|
|
Attribution, ShareAlike.
|
|
|
|
e. "Licensor" means the individual, individuals, entity or entities that
|
|
offers the Work under the terms of this License.
|
|
|
|
f. "Original Author" means the individual, individuals, entity or entities who
|
|
created the Work.
|
|
|
|
g. "Work" means the copyrightable work of authorship offered under the terms
|
|
of this License.
|
|
|
|
h. "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 provided that any such
|
|
Derivative Work, 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.";
|
|
|
|
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, in the event that
|
|
Licensor is a member of a performance rights society (e.g. ASCAP, BMI,
|
|
SESAC), via that society, 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 restrict the terms of this License or
|
|
the ability of a recipient of the Work to exercise of 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. When You distribute, publicly display,
|
|
publicly perform, or publicly digitally perform the Work, You may not
|
|
impose any technological measures on the Work that restrict the ability of
|
|
a recipient of the Work from You to exercise of the rights granted to that
|
|
recipient under the terms of the License. This Section 4(a) 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 credit as required by Section 4(c), 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 credit as required by
|
|
Section 4(c), as requested.
|
|
|
|
b. You may distribute, publicly display, publicly perform, or publicly
|
|
digitally perform a Derivative Work only under: (i) the terms of this
|
|
License; (ii) a later version of this License with the same License
|
|
Elements as this License; (iii) either the Creative Commons (Unported)
|
|
license or a Creative Commons jurisdiction license (either this or a later
|
|
license version) that contains the same License Elements as this License
|
|
(e.g. Attribution-ShareAlike 3.0 (Unported)); (iv) a Creative Commons
|
|
Compatible License. If you license the Derivative Work under one of the
|
|
licenses mentioned in (iv), you must comply with the terms of that
|
|
license. If you license the Derivative Work under the terms of any of the
|
|
licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you
|
|
must comply with the terms of the Applicable License generally and with the
|
|
following provisions: (I) You must include a copy of, or the Uniform
|
|
Resource Identifier for, the Applicable License with every copy or
|
|
phonorecord of each Derivative Work You distribute, publicly display,
|
|
publicly perform, or publicly digitally perform; (II) You may not offer or
|
|
impose any terms on the Derivative Works that restrict the terms of the
|
|
Applicable License or the ability of a recipient of the Work to exercise
|
|
the rights granted to that recipient under the terms of the Applicable
|
|
License; (III) You must keep intact all notices that refer to the
|
|
Applicable License and to the disclaimer of warranties; and, (IV) when You
|
|
distribute, publicly display, publicly perform, or publicly digitally
|
|
perform the Work, You may not impose any technological measures on the
|
|
Derivative Work that restrict the ability of a recipient of the Derivative
|
|
Work from You to exercise the rights granted to that recipient under the
|
|
terms of the Applicable License. This Section 4(b) applies to the
|
|
Derivative Work as incorporated in a Collective Work, but this does not
|
|
require the Collective Work apart from the Derivative Work itself to be
|
|
made subject to the terms of the Applicable License.
|
|
|
|
c. If You distribute, publicly display, publicly perform, or publicly
|
|
digitally perform the Work (as defined in Section 1 above) or any
|
|
Derivative Works (as defined in Section 1 above) or Collective Works (as
|
|
defined in Section 1 above), 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 (ii) 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;
|
|
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, consistent with Section
|
|
3(b) 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"). The credit required by this Section 4(c) 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, if a credit
|
|
for all contributing authors of the Derivative Work or Collective Work
|
|
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.
|
|
|
|
|
|
5. Representations, Warranties and Disclaimer
|
|
|
|
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS
|
|
THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK
|
|
BY THE LICENSOR. THE LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
|
|
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
|
|
WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, 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 (as defined
|
|
in Section 1 above) or a Collective Work (as defined in Section 1 above),
|
|
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 Notice
|
|
|
|
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, Creative Commons does not authorize the use by
|
|
either party of 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. For the
|
|
avoidance of doubt, this trademark restriction does not form part of this
|
|
License.
|
|
|
|
Creative Commons may be contacted at http://creativecommons.org/.
|