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Luka Prinčič 2021-05-06 22:13:54 +02:00
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PEER PRODUCTION LICENSE: A MODEL FOR COPYFARLEFT
This is the legal text of the Peer Production License.
The Peer Production License is a copyfarleft license model, derived
from the Creative Commons Attribution-NonCommercial-ShareAlike 3.0
Unported license
LICENCE
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. 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. 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:
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). 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
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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. 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. 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 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. 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.