You are here:
WorldLII >>
Databases >>
Public Rights Licences >>
2004 >>
[2004] PubRL 15
[Database Search]
[Name Search]
[Recent Documents]
[Noteup]
[Download]
[Help]
Creative Commons Attribution 2.1 (Australia) [2004] PubRL 15 (25 May 2004)
Creative Commons Attribution
Version: 2.1
Copyright: No
URL: http://creativecommons.org/licenses/by/2.1/au/legalcode
Type: Content
Media: Generic
Country: Australia
Licence text
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT
PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN
"AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
REGARDING THE INFORMATION
PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
Licence
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS
PROTECTED BY COPYRIGHT
AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER
THIS LICENCE AND/OR APPLICABLE
LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS
YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
- "Collective
Work" means a work, such as a periodical issue, anthology or encyclopaedia,
in which the Work in its entirety in unmodified form, along
with a number of
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 Licence.
- "Derivative
Work" means a work that reproduces a substantial part of the Work, or of the
Work and other pre-existing works protected by copyright,
or that is an
adaptation of a Work that is a literary, dramatic, musical or artistic work.
Derivative Works include a translation,
musical arrangement, dramatisation,
motion picture version, sound recording, art reproduction, abridgment,
condensation, or any other
form in which a work may be adapted, except that a
work that constitutes a Collective Work will not be considered a Derivative Work
for the purpose of this Licence. 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 Licence.
- "Licensor"
means the individual or entity that offers the Work under the terms of this
Licence.
- "Moral
rights law" means laws under which an individual who creates a work
protected by copyright has rights of integrity of authorship of the work,
rights
of attribution of authorship of the work, rights not to have authorship of the
work falsely attributed, or rights of a similar
or analogous nature in the work
anywhere in the world.
- "Original
Author" means the individual or entity who created the Work.
- "Work"
means the work or other subject-matter protected by copyright that is offered
under the terms of this Licence, which may include
(without limitation) a
literary, dramatic, musical or artistic work, a sound recording, cinematograph
film, a published edition of
a literary, dramatic, musical or artistic work or a
television or sound broadcast.
- "You"
means an individual or entity exercising rights under this Licence who has not
previously violated the terms of this Licence with
respect to the Work, or who
has received express permission from the Licensor to exercise rights under this
Licence despite a previous
violation.
- "Licence
Elements" means the following high-level licence attributes as selected by
Licensor and indicated in the title of this Licence: Attribution,
NonCommercial,
NoDerivatives, ShareAlike.
2. Fair Dealing and Other Rights.
Nothing in this Licence excludes or modifies, or is intended to exclude or
modify, (including by reducing, limiting, or restricting)
the rights of You or
others to use the Work arising from fair dealings or other limitations on the
rights of the copyright owner
or the Original Author under copyright law, moral
rights law or other applicable laws.
3. Licence Grant. Subject to the terms and conditions of this
Licence, Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
perpetual
(for the duration of the applicable copyright) licence to exercise the
rights in the Work as stated below:
- 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;
- to
create and reproduce Derivative Works;
- to
publish, communicate to the public, distribute copies or records of, exhibit or
display publicly, perform publicly and perform
publicly by means of a digital
audio transmission the Work including as incorporated in Collective Works;
- to
publish, communicate to the public, distribute copies or records of, exhibit or
display publicly, perform publicly, and perform
publicly by means of a digital
audio transmission Derivative Works;
- For
the avoidance of doubt, where the Work is a musical composition:
- Performance
Royalties Under Blanket Licences. Licensor will not collect, whether
individually or via a performance rights society,
royalties for Your
communication to the public, broadcast, public performance or public digital
performance (e.g. webcast) of the
Work.
- Mechanical
Rights and Statutory Royalties. Licensor will not collect, whether individually
or via a music rights agency, designated
agent or a music publisher, royalties
for any record You create from the Work ("cover version") and distribute,
subject to the compulsory
licence created by 17 USC Section 115 of the US
Copyright Act (or an equivalent statutory licence under the Australian Copyright
Act or in other jurisdictions).
- Webcasting
Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a
sound recording, Licensor will not collect,
whether individually or via a
performance-rights society, royalties for Your public digital performance (e.g.
webcast) of the Work,
subject to the compulsory licence 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 under this Licence are hereby reserved.
4. Restrictions. The licence granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
- You
may publish, communicate to the public, distribute, publicly exhibit or display,
publicly perform, or publicly digitally perform
the Work only under the terms of
this Licence, and You must include a copy of, or the Uniform Resource Identifier
for, this Licence
with every copy or record of the Work You publish, communicate
to the public, distribute, publicly exhibit or display, publicly perform
or
publicly digitally perform. You may not offer or impose any terms on the Work
that exclude, alter or restrict the terms of this
Licence or the recipients'
exercise of the rights granted hereunder. You may not sublicense the Work. You
must keep intact all notices
that refer to this Licence and to the disclaimer of
representations and warranties. You may not publish, communicate to the public,
distribute, publicly exhibit or display, publicly perform, or publicly digitally
perform the Work with any technological measures
that control access or use of
the Work in a manner inconsistent with the terms of this Licence. The above
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 Licence. If You create a Collective Work, upon notice from any
Licensor You must, to the extent practicable, remove
from the Collective Work
any reference to such Licensor or the Original Author, 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 reference to such Licensor or
the
Original Author, as requested.
- If
you publish, communicate to the public, distribute, publicly exhibit or display,
publicly perform, or publicly digitally perform
the Work or any Derivative Works
or Collective Works, You must keep intact all copyright notices for the Work.
You must also give
the Original Author clear and reasonably prominent credit,
and (if applicable) that credit must be given in the particular way made
known
by the Original Author and otherwise as reasonable to the medium or means You
are utilizing, by conveying the identity (such
as by name or pseudonym if
applicable) of the Original Author if supplied; 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 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"). Such credit
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
where any other comparable authorship credit appears and in a manner
at least as
prominent as such other comparable authorship credit.
- False
attribution prohibited. Except as otherwise agreed in writing by the Licensor,
if You publish, communicate to the public, distribute,
publicly exhibit or
display, publicly perform, or publicly digitally perform the Work or any
Derivative Works or Collective Works
in accordance with this Licence, You must
not falsely attribute the Work to someone other than the Original Author.
- Prejudice
to honour or reputation prohibited. Except as otherwise agreed in writing by the
Licensor, if you publish, communicate to
the public, distribute, publicly
exhibit or display, publicly perform, or publicly digitally perform the Work or
any Derivative Works
or Collective Works, You must not do anything that results
in a material distortion of, the mutilation of, or a material alteration
to, the
Work that is prejudicial to the Original Author's honour or reputation, and You
must not do anything else in relation to
the Work that is prejudicial to the
Original Author's honour or reputation.
5. Disclaimer.
EXCEPT AS EXPRESSLY STATED IN THIS LICENCE OR OTHERWISE MUTUALLY AGREED TO BY
THE PARTIES IN WRITING, AND TO THE FULL EXTENT PERMITTED
BY APPLICABLE LAW,
LICENSOR OFFERS THE WORK "AS-IS" AND MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND CONCERNING
THE WORK, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS
REGARDING THE CONTENTS OR ACCURACY OF THE WORK, OR OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
THE ABSENCE
OF LATENT OR OTHER DEFECTS, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE.
6. Limitation on Liability.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIABILITY
ARISING FROM CONTRARY MUTUAL AGREEMENT AS REFERRED TO
IN SECTION 5, IN NO EVENT
WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE) FOR ANY
LOSS OR DAMAGE WHATSOEVER, INCLUDING (WITHOUT
LIMITATION) LOSS OF PRODUCTION OR OPERATION TIME, LOSS, DAMAGE OR CORRUPTION OF
DATA
OR RECORDS; OR LOSS OF ANTICIPATED SAVINGS, OPPORTUNITY, REVENUE, PROFIT OR
GOODWILL, OR OTHER ECONOMIC LOSS; OR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENCE
OR THE USE OF THE WORK, EVEN IF LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
If applicable legislation implies warranties or conditions, or imposes
obligations or liability on the Licensor in respect of this
Licence that cannot
be wholly or partly excluded, restricted or modified, the Licensor's liability
is limited, to the full extent
permitted by the applicable legislation, at its
option, to:
- in
the case of goods, any one or more of the following:
- the
replacement of the goods or the supply of equivalent goods;
- the
repair of the goods;
- the
payment of the cost of replacing the goods or of acquiring equivalent
goods;
- the
payment of the cost of having the goods repaired; or
- in
the case of services:
- the
supplying of the services again; or
- the
payment of the cost of having the services supplied again.
7.
Termination.
- This
Licence and the rights granted hereunder will terminate automatically upon any
breach by You of the terms of this Licence. Individuals
or entities who have
received Derivative Works or Collective Works from You under this Licence,
however, will not have their licences
terminated provided such individuals or
entities remain in full compliance with those licences. Sections 1, 2, 5, 6, 7,
and 8 will
survive any termination of this Licence.
- Subject
to the above terms and conditions, the licence 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 licence
terms or to stop distributing
the Work at any time; provided, however that any
such election will not serve to withdraw this Licence (or any other licence that
has been, or is required to be, granted under the terms of this Licence), and
this Licence will continue in full force and effect
unless terminated as stated
above.
8. Miscellaneous.
- Each
time You publish, communicate to the public, distribute or publicly digitally
perform the Work or a Collective Work, the Licensor
offers to the recipient a
licence to the Work on the same terms and conditions as the licence granted to
You under this Licence.
- Each
time You publish, communicate to the public, distribute or publicly digitally
perform a Derivative Work, Licensor offers to the
recipient a licence to the
original Work on the same terms and conditions as the licence granted to You
under this Licence.
- If
any provision of this Licence is invalid or unenforceable under applicable law,
it shall not affect the validity or enforceability
of the remainder of the terms
of this Licence, 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.
- No
term or provision of this Licence 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.
- This
Licence constitutes the entire agreement between the parties with respect to the
Work licensed here. To the full extent permitted
by applicable law, 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 Licence may not be modified
without
the mutual written agreement of the Licensor and You.
- The
construction, validity and performance of this Licence shall be governed by the
laws in force in New South Wales, Australia.
Creative Commons is not
a party to this Licence, and, to the full extent permitted by applicable law,
makes no representation or warranty
whatsoever in connection with the Work. To
the full extent permitted by applicable law, Creative Commons will not be liable
to You
or any party on any legal theory (including, without limitation,
negligence) for any damages whatsoever, including without limitation
any
general, special, incidental or consequential damages arising in connection to
this licence. 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, neither party will use 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.
Creative Commons may be contacted at http://creativecommons.org/.
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/int/other/PubRL/2004/15.html