Consumer Rights Wiki:Copyright: Difference between revisions
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Creative Commons Attribution 4.0 International Public License | Creative Commons Attribution-ShareAlike 4.0 International Public | ||
License | |||
By exercising the Licensed Rights (defined below), You accept and agree | By exercising the Licensed Rights (defined below), You accept and agree | ||
to be bound by the terms and conditions of this Creative Commons | to be bound by the terms and conditions of this Creative Commons | ||
Attribution 4.0 International Public License ("Public License"). To the | Attribution-ShareAlike 4.0 International Public License ("Public | ||
extent this Public License may be interpreted as a contract, You are | License"). To the extent this Public License may be interpreted as a | ||
granted the Licensed Rights in consideration of Your acceptance of | contract, You are granted the Licensed Rights in consideration of Your | ||
these terms and conditions, and the Licensor grants You such rights in | acceptance of these terms and conditions, and the Licensor grants You | ||
consideration of benefits the Licensor receives from making the | such rights in consideration of benefits the Licensor receives from | ||
Licensed Material available under these terms and conditions. | making the Licensed Material available under these terms and | ||
conditions. | |||
Section 1 -- Definitions. | Section 1 -- Definitions. | ||
a. Adapted Material means material subject to Copyright and Similar | a. Adapted Material means material subject to Copyright and Similar | ||
Rights that is derived from or based upon the Licensed Material | Rights that is derived from or based upon the Licensed Material | ||
and in which the Licensed Material is translated, altered, | and in which the Licensed Material is translated, altered, | ||
arranged, transformed, or otherwise modified in a manner requiring | arranged, transformed, or otherwise modified in a manner requiring | ||
permission under the Copyright and Similar Rights held by the | permission under the Copyright and Similar Rights held by the | ||
Licensor. For purposes of this Public License, where the Licensed | Licensor. For purposes of this Public License, where the Licensed | ||
Material is a musical work, performance, or sound recording, | Material is a musical work, performance, or sound recording, | ||
Adapted Material is always produced where the Licensed Material is | Adapted Material is always produced where the Licensed Material is | ||
synched in timed relation with a moving image. | synched in timed relation with a moving image. | ||
b. Adapter's License means the license You apply to Your Copyright | b. Adapter's License means the license You apply to Your Copyright | ||
and Similar Rights in Your contributions to Adapted Material in | and Similar Rights in Your contributions to Adapted Material in | ||
accordance with the terms and conditions of this Public License. | accordance with the terms and conditions of this Public License. | ||
c. | c. BY-SA Compatible License means a license listed at | ||
creativecommons.org/compatiblelicenses, approved by Creative | |||
Commons as essentially the equivalent of this Public License. | |||
d. | d. Copyright and Similar Rights means copyright and/or similar rights | ||
closely related to copyright including, without limitation, | |||
performance, broadcast, sound recording, and Sui Generis Database | |||
Rights, without regard to how the rights are labeled or | |||
categorized. For purposes of this Public License, the rights | |||
specified in Section 2(b)(1)-(2) are not Copyright and Similar | |||
Rights. | |||
e. | e. Effective Technological Measures means those measures that, in the | ||
absence of proper authority, may not be circumvented under laws | |||
fulfilling obligations under Article 11 of the WIPO Copyright | |||
Treaty adopted on December 20, 1996, and/or similar international | |||
agreements. | |||
f. | f. Exceptions and Limitations means fair use, fair dealing, and/or | ||
or | any other exception or limitation to Copyright and Similar Rights | ||
that applies to Your use of the Licensed Material. | |||
g. | g. License Elements means the license attributes listed in the name | ||
of a Creative Commons Public License. The License Elements of this | |||
Public License are Attribution and ShareAlike. | |||
h. | h. Licensed Material means the artistic or literary work, database, | ||
or other material to which the Licensor applied this Public | |||
License. | |||
i. | i. Licensed Rights means the rights granted to You subject to the | ||
terms and conditions of this Public License, which are limited to | |||
all Copyright and Similar Rights that apply to Your use of the | |||
Licensed Material and that the Licensor has authority to license. | |||
j. | j. Licensor means the individual(s) or entity(ies) granting rights | ||
under this Public License. | |||
k. You means the individual or entity exercising the Licensed Rights | k. Share means to provide material to the public by any means or | ||
under this Public License. Your has a corresponding meaning. | process that requires permission under the Licensed Rights, such | ||
as reproduction, public display, public performance, distribution, | |||
dissemination, communication, or importation, and to make material | |||
available to the public including in ways that members of the | |||
public may access the material from a place and at a time | |||
individually chosen by them. | |||
l. Sui Generis Database Rights means rights other than copyright | |||
resulting from Directive 96/9/EC of the European Parliament and of | |||
the Council of 11 March 1996 on the legal protection of databases, | |||
as amended and/or succeeded, as well as other essentially | |||
equivalent rights anywhere in the world. | |||
m. You means the individual or entity exercising the Licensed Rights | |||
under this Public License. Your has a corresponding meaning. | |||
Section 2 -- Scope. | Section 2 -- Scope. | ||
a. License grant. | a. License grant. | ||
1. Subject to the terms and conditions of this Public License, | 1. Subject to the terms and conditions of this Public License, | ||
the Licensor hereby grants You a worldwide, royalty-free, | the Licensor hereby grants You a worldwide, royalty-free, | ||
non-sublicensable, non-exclusive, irrevocable license to | non-sublicensable, non-exclusive, irrevocable license to | ||
exercise the Licensed Rights in the Licensed Material to: | exercise the Licensed Rights in the Licensed Material to: | ||
a. reproduce and Share the Licensed Material, in whole or | a. reproduce and Share the Licensed Material, in whole or | ||
in part; and | in part; and | ||
b. produce, reproduce, and Share Adapted Material. | b. produce, reproduce, and Share Adapted Material. | ||
2. Exceptions and Limitations. For the avoidance of doubt, where | 2. Exceptions and Limitations. For the avoidance of doubt, where | ||
Exceptions and Limitations apply to Your use, this Public | Exceptions and Limitations apply to Your use, this Public | ||
License does not apply, and You do not need to comply with | License does not apply, and You do not need to comply with | ||
its terms and conditions. | its terms and conditions. | ||
3. Term. The term of this Public License is specified in Section | 3. Term. The term of this Public License is specified in Section | ||
6(a). | 6(a). | ||
4. Media and formats; technical modifications allowed. The | 4. Media and formats; technical modifications allowed. The | ||
Licensor authorizes You to exercise the Licensed Rights in | Licensor authorizes You to exercise the Licensed Rights in | ||
all media and formats whether now known or hereafter created, | all media and formats whether now known or hereafter created, | ||
and to make technical modifications necessary to do so. The | and to make technical modifications necessary to do so. The | ||
Licensor waives and/or agrees not to assert any right or | Licensor waives and/or agrees not to assert any right or | ||
authority to forbid You from making technical modifications | authority to forbid You from making technical modifications | ||
necessary to exercise the Licensed Rights, including | necessary to exercise the Licensed Rights, including | ||
technical modifications necessary to circumvent Effective | technical modifications necessary to circumvent Effective | ||
Technological Measures. For purposes of this Public License, | Technological Measures. For purposes of this Public License, | ||
simply making modifications authorized by this Section 2(a) | simply making modifications authorized by this Section 2(a) | ||
(4) never produces Adapted Material. | (4) never produces Adapted Material. | ||
5. Downstream recipients. | 5. Downstream recipients. | ||
a. Offer from the Licensor -- Licensed Material. Every | a. Offer from the Licensor -- Licensed Material. Every | ||
recipient of the Licensed Material automatically | recipient of the Licensed Material automatically | ||
receives an offer from the Licensor to exercise the | receives an offer from the Licensor to exercise the | ||
Licensed Rights under the terms and conditions of this | Licensed Rights under the terms and conditions of this | ||
Public License. | Public License. | ||
b. | b. Additional offer from the Licensor -- Adapted Material. | ||
Every recipient of Adapted Material from You | |||
automatically receives an offer from the Licensor to | |||
exercise the Licensed Rights in the Adapted Material | |||
Licensed Rights | under the conditions of the Adapter's License You apply. | ||
c. No downstream restrictions. You may not offer or impose | |||
any additional or different terms or conditions on, or | |||
apply any Effective Technological Measures to, the | |||
Licensed Material if doing so restricts exercise of the | |||
the | Licensed Rights by any recipient of the Licensed | ||
Material. | |||
6. No endorsement. Nothing in this Public License constitutes or | |||
may be construed as permission to assert or imply that You | |||
are, or that Your use of the Licensed Material is, connected | |||
with, or sponsored, endorsed, or granted official status by, | |||
the Licensor or others designated to receive attribution as | |||
provided in Section 3(a)(1)(A)(i). | |||
b. Other rights. | |||
1. Moral rights, such as the right of integrity, are not | |||
Public License. | licensed under this Public License, nor are publicity, | ||
privacy, and/or other similar personality rights; however, to | |||
the extent possible, the Licensor waives and/or agrees not to | |||
assert any such rights held by the Licensor to the limited | |||
extent necessary to allow You to exercise the Licensed | |||
Rights, but not otherwise. | |||
3. To the extent possible, the Licensor waives any right to | 2. Patent and trademark rights are not licensed under this | ||
collect royalties from You for the exercise of the Licensed | Public License. | ||
Rights, whether directly or through a collecting society | |||
under any voluntary or waivable statutory or compulsory | 3. To the extent possible, the Licensor waives any right to | ||
licensing scheme. In all other cases the Licensor expressly | collect royalties from You for the exercise of the Licensed | ||
reserves any right to collect such royalties. | Rights, whether directly or through a collecting society | ||
under any voluntary or waivable statutory or compulsory | |||
licensing scheme. In all other cases the Licensor expressly | |||
reserves any right to collect such royalties. | |||
Line 157: | Line 173: | ||
following conditions. | following conditions. | ||
a. Attribution. | a. Attribution. | ||
1. If You Share the Licensed Material (including in modified | 1. If You Share the Licensed Material (including in modified | ||
form), You must: | form), You must: | ||
a. retain the following if it is supplied by the Licensor | a. retain the following if it is supplied by the Licensor | ||
with the Licensed Material: | with the Licensed Material: | ||
i. identification of the creator(s) of the Licensed | i. identification of the creator(s) of the Licensed | ||
Material and any others designated to receive | Material and any others designated to receive | ||
attribution, in any reasonable manner requested by | attribution, in any reasonable manner requested by | ||
the Licensor (including by pseudonym if | the Licensor (including by pseudonym if | ||
designated); | designated); | ||
ii. a copyright notice; | ii. a copyright notice; | ||
iii. a notice that refers to this Public License; | iii. a notice that refers to this Public License; | ||
iv. a notice that refers to the disclaimer of | iv. a notice that refers to the disclaimer of | ||
warranties; | warranties; | ||
v. a URI or hyperlink to the Licensed Material to the | v. a URI or hyperlink to the Licensed Material to the | ||
extent reasonably practicable; | extent reasonably practicable; | ||
b. indicate if You modified the Licensed Material and | b. indicate if You modified the Licensed Material and | ||
retain an indication of any previous modifications; and | retain an indication of any previous modifications; and | ||
c. indicate the Licensed Material is licensed under this | c. indicate the Licensed Material is licensed under this | ||
Public License, and include the text of, or the URI or | Public License, and include the text of, or the URI or | ||
hyperlink to, this Public License. | hyperlink to, this Public License. | ||
2. You may satisfy the conditions in Section 3(a)(1) in any | 2. You may satisfy the conditions in Section 3(a)(1) in any | ||
reasonable manner based on the medium, means, and context in | reasonable manner based on the medium, means, and context in | ||
which You Share the Licensed Material. For example, it may be | which You Share the Licensed Material. For example, it may be | ||
reasonable to satisfy the conditions by providing a URI or | reasonable to satisfy the conditions by providing a URI or | ||
hyperlink to a resource that includes the required | hyperlink to a resource that includes the required | ||
information. | information. | ||
3. If requested by the Licensor, You must remove any of the | 3. If requested by the Licensor, You must remove any of the | ||
information required by Section 3(a)(1)(A) to the extent | information required by Section 3(a)(1)(A) to the extent | ||
reasonably practicable. | reasonably practicable. | ||
b. ShareAlike. | |||
License You | |||
Material | In addition to the conditions in Section 3(a), if You Share | ||
Adapted Material You produce, the following conditions also apply. | |||
1. The Adapter's License You apply must be a Creative Commons | |||
license with the same License Elements, this version or | |||
later, or a BY-SA Compatible License. | |||
2. You must include the text of, or the URI or hyperlink to, the | |||
Adapter's License You apply. You may satisfy this condition | |||
in any reasonable manner based on the medium, means, and | |||
context in which You Share Adapted Material. | |||
3. You may not offer or impose any additional or different terms | |||
or conditions on, or apply any Effective Technological | |||
Measures to, Adapted Material that restrict exercise of the | |||
rights granted under the Adapter's License You apply. | |||
Line 209: | Line 240: | ||
apply to Your use of the Licensed Material: | apply to Your use of the Licensed Material: | ||
a. for the avoidance of doubt, Section 2(a)(1) grants You the right | a. for the avoidance of doubt, Section 2(a)(1) grants You the right | ||
to extract, reuse, reproduce, and Share all or a substantial | to extract, reuse, reproduce, and Share all or a substantial | ||
portion of the contents of the database; | portion of the contents of the database; | ||
b. if You include all or a substantial portion of the database | b. if You include all or a substantial portion of the database | ||
contents in a database in which You have Sui Generis Database | contents in a database in which You have Sui Generis Database | ||
Rights, then the database in which You have Sui Generis Database | Rights, then the database in which You have Sui Generis Database | ||
Rights (but not its individual contents) is Adapted Material; and | Rights (but not its individual contents) is Adapted Material, | ||
including for purposes of Section 3(b); and | |||
c. You must comply with the conditions in Section 3(a) if You Share | c. You must comply with the conditions in Section 3(a) if You Share | ||
all or a substantial portion of the contents of the database. | all or a substantial portion of the contents of the database. | ||
For the avoidance of doubt, this Section 4 supplements and does not | For the avoidance of doubt, this Section 4 supplements and does not | ||
Line 228: | Line 260: | ||
Section 5 -- Disclaimer of Warranties and Limitation of Liability. | Section 5 -- Disclaimer of Warranties and Limitation of Liability. | ||
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE | a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE | ||
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS | EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS | ||
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF | AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF | ||
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, | ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, | ||
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, | IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, | ||
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR | WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR | ||
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, | PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, | ||
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT | ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT | ||
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT | KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT | ||
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. | ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. | ||
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE | b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE | ||
TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, | TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, | ||
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, | NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, | ||
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, | INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, | ||
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR | COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR | ||
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN | USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN | ||
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR | ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR | ||
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR | DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR | ||
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. | IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. | ||
c. The disclaimer of warranties and limitation of liability provided | c. The disclaimer of warranties and limitation of liability provided | ||
above shall be interpreted in a manner that, to the extent | above shall be interpreted in a manner that, to the extent | ||
possible, most closely approximates an absolute disclaimer and | possible, most closely approximates an absolute disclaimer and | ||
waiver of all liability. | waiver of all liability. | ||
Section 6 -- Term and Termination. | Section 6 -- Term and Termination. | ||
a. This Public License applies for the term of the Copyright and | a. This Public License applies for the term of the Copyright and | ||
Similar Rights licensed here. However, if You fail to comply with | Similar Rights licensed here. However, if You fail to comply with | ||
this Public License, then Your rights under this Public License | this Public License, then Your rights under this Public License | ||
terminate automatically. | terminate automatically. | ||
b. Where Your right to use the Licensed Material has terminated under | b. Where Your right to use the Licensed Material has terminated under | ||
Section 6(a), it reinstates: | Section 6(a), it reinstates: | ||
1. automatically as of the date the violation is cured, provided | 1. automatically as of the date the violation is cured, provided | ||
it is cured within 30 days of Your discovery of the | it is cured within 30 days of Your discovery of the | ||
violation; or | violation; or | ||
2. upon express reinstatement by the Licensor. | 2. upon express reinstatement by the Licensor. | ||
For the avoidance of doubt, this Section 6(b) does not affect any | For the avoidance of doubt, this Section 6(b) does not affect any | ||
right the Licensor may have to seek remedies for Your violations | right the Licensor may have to seek remedies for Your violations | ||
of this Public License. | of this Public License. | ||
c. For the avoidance of doubt, the Licensor may also offer the | c. For the avoidance of doubt, the Licensor may also offer the | ||
Licensed Material under separate terms or conditions or stop | Licensed Material under separate terms or conditions or stop | ||
distributing the Licensed Material at any time; however, doing so | distributing the Licensed Material at any time; however, doing so | ||
will not terminate this Public License. | will not terminate this Public License. | ||
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public | d. Sections 1, 5, 6, 7, and 8 survive termination of this Public | ||
License. | License. | ||
Section 7 -- Other Terms and Conditions. | Section 7 -- Other Terms and Conditions. | ||
a. The Licensor shall not be bound by any additional or different | a. The Licensor shall not be bound by any additional or different | ||
terms or conditions communicated by You unless expressly agreed. | terms or conditions communicated by You unless expressly agreed. | ||
b. Any arrangements, understandings, or agreements regarding the | b. Any arrangements, understandings, or agreements regarding the | ||
Licensed Material not stated herein are separate from and | Licensed Material not stated herein are separate from and | ||
independent of the terms and conditions of this Public License. | independent of the terms and conditions of this Public License. | ||
Section 8 -- Interpretation. | Section 8 -- Interpretation. | ||
a. For the avoidance of doubt, this Public License does not, and | a. For the avoidance of doubt, this Public License does not, and | ||
shall not be interpreted to, reduce, limit, restrict, or impose | shall not be interpreted to, reduce, limit, restrict, or impose | ||
conditions on any use of the Licensed Material that could lawfully | conditions on any use of the Licensed Material that could lawfully | ||
be made without permission under this Public License. | be made without permission under this Public License. | ||
b. To the extent possible, if any provision of this Public License is | b. To the extent possible, if any provision of this Public License is | ||
deemed unenforceable, it shall be automatically reformed to the | deemed unenforceable, it shall be automatically reformed to the | ||
minimum extent necessary to make it enforceable. If the provision | minimum extent necessary to make it enforceable. If the provision | ||
cannot be reformed, it shall be severed from this Public License | cannot be reformed, it shall be severed from this Public License | ||
without affecting the enforceability of the remaining terms and | without affecting the enforceability of the remaining terms and | ||
conditions. | conditions. | ||
c. No term or condition of this Public License will be waived and no | c. No term or condition of this Public License will be waived and no | ||
failure to comply consented to unless expressly agreed to by the | failure to comply consented to unless expressly agreed to by the | ||
Licensor. | Licensor. | ||
d. Nothing in this Public License constitutes or may be interpreted | d. Nothing in this Public License constitutes or may be interpreted | ||
as a limitation upon, or waiver of, any privileges and immunities | as a limitation upon, or waiver of, any privileges and immunities | ||
that apply to the Licensor or You, including from the legal | that apply to the Licensor or You, including from the legal | ||
processes of any jurisdiction or authority. | processes of any jurisdiction or authority. |