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author | smith@nwoca.org |
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date | Mon, 12 Nov 2012 16:29:11 +0000 |
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1 Creative Commons </> | |
2 | |
3 Creative Commons Legal Code | |
4 | |
5 *Attribution 2.5* | |
6 | |
7 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE | |
8 LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN | |
9 ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION | |
10 ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE | |
11 INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM | |
12 ITS USE. | |
13 | |
14 /License/ | |
15 | |
16 THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE | |
17 COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY | |
18 COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS | |
19 AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. | |
20 | |
21 BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE | |
22 TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE | |
23 RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS | |
24 AND CONDITIONS. | |
25 | |
26 *1. Definitions* | |
27 | |
28 1. *"Collective Work"* means a work, such as a periodical issue, | |
29 anthology or encyclopedia, in which the Work in its entirety in | |
30 unmodified form, along with a number of other contributions, | |
31 constituting separate and independent works in themselves, are | |
32 assembled into a collective whole. A work that constitutes a | |
33 Collective Work will not be considered a Derivative Work (as | |
34 defined below) for the purposes of this License. | |
35 2. *"Derivative Work"* means a work based upon the Work or upon the | |
36 Work and other pre-existing works, such as a translation, musical | |
37 arrangement, dramatization, fictionalization, motion picture | |
38 version, sound recording, art reproduction, abridgment, | |
39 condensation, or any other form in which the Work may be recast, | |
40 transformed, or adapted, except that a work that constitutes a | |
41 Collective Work will not be considered a Derivative Work for the | |
42 purpose of this License. For the avoidance of doubt, where the | |
43 Work is a musical composition or sound recording, the | |
44 synchronization of the Work in timed-relation with a moving image | |
45 ("synching") will be considered a Derivative Work for the purpose | |
46 of this License. | |
47 3. *"Licensor"* means the individual or entity that offers the Work | |
48 under the terms of this License. | |
49 4. *"Original Author"* means the individual or entity who created the | |
50 Work. | |
51 5. *"Work"* means the copyrightable work of authorship offered under | |
52 the terms of this License. | |
53 6. *"You"* means an individual or entity exercising rights under this | |
54 License who has not previously violated the terms of this License | |
55 with respect to the Work, or who has received express permission | |
56 from the Licensor to exercise rights under this License despite a | |
57 previous violation. | |
58 | |
59 *2. Fair Use Rights.* Nothing in this license is intended to reduce, | |
60 limit, or restrict any rights arising from fair use, first sale or other | |
61 limitations on the exclusive rights of the copyright owner under | |
62 copyright law or other applicable laws. | |
63 | |
64 *3. License Grant.* Subject to the terms and conditions of this License, | |
65 Licensor hereby grants You a worldwide, royalty-free, non-exclusive, | |
66 perpetual (for the duration of the applicable copyright) license to | |
67 exercise the rights in the Work as stated below: | |
68 | |
69 1. to reproduce the Work, to incorporate the Work into one or more | |
70 Collective Works, and to reproduce the Work as incorporated in the | |
71 Collective Works; | |
72 2. to create and reproduce Derivative Works; | |
73 3. to distribute copies or phonorecords of, display publicly, perform | |
74 publicly, and perform publicly by means of a digital audio | |
75 transmission the Work including as incorporated in Collective Works; | |
76 4. to distribute copies or phonorecords of, display publicly, perform | |
77 publicly, and perform publicly by means of a digital audio | |
78 transmission Derivative Works. | |
79 5. | |
80 | |
81 For the avoidance of doubt, where the work is a musical composition: | |
82 | |
83 1. *Performance Royalties Under Blanket Licenses*. Licensor | |
84 waives the exclusive right to collect, whether individually | |
85 or via a performance rights society (e.g. ASCAP, BMI, | |
86 SESAC), royalties for the public performance or public | |
87 digital performance (e.g. webcast) of the Work. | |
88 2. *Mechanical Rights and Statutory Royalties*. Licensor waives | |
89 the exclusive right to collect, whether individually or via | |
90 a music rights agency or designated agent (e.g. Harry Fox | |
91 Agency), royalties for any phonorecord You create from the | |
92 Work ("cover version") and distribute, subject to the | |
93 compulsory license created by 17 USC Section 115 of the US | |
94 Copyright Act (or the equivalent in other jurisdictions). | |
95 6. *Webcasting Rights and Statutory Royalties*. For the avoidance of | |
96 doubt, where the Work is a sound recording, Licensor waives the | |
97 exclusive right to collect, whether individually or via a | |
98 performance-rights society (e.g. SoundExchange), royalties for the | |
99 public digital performance (e.g. webcast) of the Work, subject to | |
100 the compulsory license created by 17 USC Section 114 of the US | |
101 Copyright Act (or the equivalent in other jurisdictions). | |
102 | |
103 The above rights may be exercised in all media and formats whether now | |
104 known or hereafter devised. The above rights include the right to make | |
105 such modifications as are technically necessary to exercise the rights | |
106 in other media and formats. All rights not expressly granted by Licensor | |
107 are hereby reserved. | |
108 | |
109 *4. Restrictions.*The license granted in Section 3 above is expressly | |
110 made subject to and limited by the following restrictions: | |
111 | |
112 1. You may distribute, publicly display, publicly perform, or | |
113 publicly digitally perform the Work only under the terms of this | |
114 License, and You must include a copy of, or the Uniform Resource | |
115 Identifier for, this License with every copy or phonorecord of the | |
116 Work You distribute, publicly display, publicly perform, or | |
117 publicly digitally perform. You may not offer or impose any terms | |
118 on the Work that alter or restrict the terms of this License or | |
119 the recipients' exercise of the rights granted hereunder. You may | |
120 not sublicense the Work. You must keep intact all notices that | |
121 refer to this License and to the disclaimer of warranties. You may | |
122 not distribute, publicly display, publicly perform, or publicly | |
123 digitally perform the Work with any technological measures that | |
124 control access or use of the Work in a manner inconsistent with | |
125 the terms of this License Agreement. The above applies to the Work | |
126 as incorporated in a Collective Work, but this does not require | |
127 the Collective Work apart from the Work itself to be made subject | |
128 to the terms of this License. If You create a Collective Work, | |
129 upon notice from any Licensor You must, to the extent practicable, | |
130 remove from the Collective Work any credit as required by clause | |
131 4(b), as requested. If You create a Derivative Work, upon notice | |
132 from any Licensor You must, to the extent practicable, remove from | |
133 the Derivative Work any credit as required by clause 4(b), as | |
134 requested. | |
135 2. If you distribute, publicly display, publicly perform, or publicly | |
136 digitally perform the Work or any Derivative Works or Collective | |
137 Works, You must keep intact all copyright notices for the Work and | |
138 provide, reasonable to the medium or means You are utilizing: (i) | |
139 the name of the Original Author (or pseudonym, if applicable) if | |
140 supplied, and/or (ii) if the Original Author and/or Licensor | |
141 designate another party or parties (e.g. a sponsor institute, | |
142 publishing entity, journal) for attribution in Licensor's | |
143 copyright notice, terms of service or by other reasonable means, | |
144 the name of such party or parties; the title of the Work if | |
145 supplied; to the extent reasonably practicable, the Uniform | |
146 Resource Identifier, if any, that Licensor specifies to be | |
147 associated with the Work, unless such URI does not refer to the | |
148 copyright notice or licensing information for the Work; and in the | |
149 case of a Derivative Work, a credit identifying the use of the | |
150 Work in the Derivative Work (e.g., "French translation of the Work | |
151 by Original Author," or "Screenplay based on original Work by | |
152 Original Author"). Such credit may be implemented in any | |
153 reasonable manner; provided, however, that in the case of a | |
154 Derivative Work or Collective Work, at a minimum such credit will | |
155 appear where any other comparable authorship credit appears and in | |
156 a manner at least as prominent as such other comparable authorship | |
157 credit. | |
158 | |
159 *5. Representations, Warranties and Disclaimer* | |
160 | |
161 UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR | |
162 OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY | |
163 KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, | |
164 INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, | |
165 FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF | |
166 LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, | |
167 WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE | |
168 EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. | |
169 | |
170 *6. Limitation on Liability.* EXCEPT TO THE EXTENT REQUIRED BY | |
171 APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL | |
172 THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY | |
173 DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF | |
174 LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
175 | |
176 *7. Termination* | |
177 | |
178 1. This License and the rights granted hereunder will terminate | |
179 automatically upon any breach by You of the terms of this License. | |
180 Individuals or entities who have received Derivative Works or | |
181 Collective Works from You under this License, however, will not | |
182 have their licenses terminated provided such individuals or | |
183 entities remain in full compliance with those licenses. Sections | |
184 1, 2, 5, 6, 7, and 8 will survive any termination of this License. | |
185 2. Subject to the above terms and conditions, the license granted | |
186 here is perpetual (for the duration of the applicable copyright in | |
187 the Work). Notwithstanding the above, Licensor reserves the right | |
188 to release the Work under different license terms or to stop | |
189 distributing the Work at any time; provided, however that any such | |
190 election will not serve to withdraw this License (or any other | |
191 license that has been, or is required to be, granted under the | |
192 terms of this License), and this License will continue in full | |
193 force and effect unless terminated as stated above. | |
194 | |
195 *8. Miscellaneous* | |
196 | |
197 1. Each time You distribute or publicly digitally perform the Work or | |
198 a Collective Work, the Licensor offers to the recipient a license | |
199 to the Work on the same terms and conditions as the license | |
200 granted to You under this License. | |
201 2. Each time You distribute or publicly digitally perform a | |
202 Derivative Work, Licensor offers to the recipient a license to the | |
203 original Work on the same terms and conditions as the license | |
204 granted to You under this License. | |
205 3. If any provision of this License is invalid or unenforceable under | |
206 applicable law, it shall not affect the validity or enforceability | |
207 of the remainder of the terms of this License, and without further | |
208 action by the parties to this agreement, such provision shall be | |
209 reformed to the minimum extent necessary to make such provision | |
210 valid and enforceable. | |
211 4. No term or provision of this License shall be deemed waived and no | |
212 breach consented to unless such waiver or consent shall be in | |
213 writing and signed by the party to be charged with such waiver or | |
214 consent. | |
215 5. This License constitutes the entire agreement between the parties | |
216 with respect to the Work licensed here. There are no | |
217 understandings, agreements or representations with respect to the | |
218 Work not specified here. Licensor shall not be bound by any | |
219 additional provisions that may appear in any communication from | |
220 You. This License may not be modified without the mutual written | |
221 agreement of the Licensor and You. | |
222 | |
223 Creative Commons is not a party to this License, and makes no warranty | |
224 whatsoever in connection with the Work. Creative Commons will not be | |
225 liable to You or any party on any legal theory for any damages | |
226 whatsoever, including without limitation any general, special, | |
227 incidental or consequential damages arising in connection to this | |
228 license. Notwithstanding the foregoing two (2) sentences, if Creative | |
229 Commons has expressly identified itself as the Licensor hereunder, it | |
230 shall have all rights and obligations of Licensor. | |
231 | |
232 Except for the limited purpose of indicating to the public that the Work | |
233 is licensed under the CCPL, neither party will use the trademark | |
234 "Creative Commons" or any related trademark or logo of Creative Commons | |
235 without the prior written consent of Creative Commons. Any permitted use | |
236 will be in compliance with Creative Commons' then-current trademark | |
237 usage guidelines, as may be published on its website or otherwise made | |
238 available upon request from time to time. | |
239 | |
240 Creative Commons may be contacted at http://creativecommons.org/ | |
241 <http://creativecommons.org>. | |
242 | |
243 � Back to Commons Deed <./> |