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 Creative Commons 'Attribution-NonCommercial-ShareAlike' license available
at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode.
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 LICENSE, YOU 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 AS CONSIDERATION
FOR ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS LICENSE.
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1. DEFINITIONS
- a. "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.
- b. "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.
- c. "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.
- d. "Licensor" means the individual, individuals, entity
or entities that offer(s) the Work under the terms of this License.
- e. "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 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.
- f. "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.
- g. "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.
- h. "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.
- i. "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.
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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.
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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 Collections, and to Reproduce the Work as incorporated in the
Collections;
- b. 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.";
- c. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
- d. 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).
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4. RESTRICTIONS
The license granted in Section 3 above is expressly made subject to and limited by the
following restrictions:
- a. 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.
- b. 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.
- c. You may exercise the rights granted in Section 3 for
commercial purposes only if:
- i. You are a worker-owned business or worker-owned
collective; and
- ii. all financial gain, surplus, profits and benefits produced
by the business or collective are distributed among the worker-owners
- d. Any use by a business that is privately owned and managed, and
that seeks to generate profit from the labor of employees paid by salary or other wages,
is not permitted under this license.
- e. 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.
- f. For the avoidance of doubt:
- i. 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;
- ii. 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,
- iii. 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).
- g. 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.
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5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK
AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
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.
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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.
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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 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.
- 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.
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8. MISCELLANEOUS
- a. 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.
- b. 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.
- 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.
- f. 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.