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Creative Commons Attribution-NonCommercial-ShareAlike 2.5 [2005] PubRL 140 (1 June 2005)
Creative Commons Attribution-NonCommercial-ShareAlike
Version: 2.5
Copyright: No
URL: http://creativecommons.org/licenses/by-nc-sa/2.5/legalcode
Type: Content
Media: Generic
Country: International
Licence text
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL
SERVICES. DISTRIBUTION OF THIS LICENSE 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.
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE
COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT
AND/OR OTHER APPLICABLE LAW. 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 HERE, YOU ACCEPT AND AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE. 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 encyclopedia,
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 License.
- "Derivative
Work" means a work based upon the Work or upon the Work and other
pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction,
abridgment, condensation, or any other form in which
the Work may be recast,
transformed, or adapted, except that a work that constitutes a Collective Work
will not be considered a Derivative
Work for the purpose of this License. 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
License.
- "Licensor"
means the individual or entity that offers the Work under the terms of this
License.
- "Original
Author" means the individual or entity who created the Work.
- "Work"
means the copyrightable work of authorship offered under the terms of this
License.
- "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.
- "License
Elements" means the following high-level license attributes as selected by
Licensor and indicated in the title of this License: Attribution,
Noncommercial,
ShareAlike.
2. Fair Use Rights. Nothing in this license is
intended to reduce, limit, or restrict any rights arising from fair use, first
sale or other limitations
on the exclusive rights of the copyright owner 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:
- 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
distribute copies or phonorecords of, display publicly, perform publicly, and
perform publicly by means of a digital audio transmission
the Work including as
incorporated in Collective Works;
- to
distribute copies or phonorecords of, display publicly, perform publicly, and
perform publicly by means of a digital audio transmission
Derivative Works;
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 are hereby reserved,
including but not limited to the rights set forth in Sections 4(e) and 4(f).
4. Restrictions.The license granted in Section 3 above is expressly
made subject to and limited by the following restrictions:
- You
may distribute, publicly display, publicly perform, or publicly digitally
perform the Work only under the terms of this License,
and You must include a
copy of, or the Uniform Resource Identifier for, this License with every copy or
phonorecord of the Work You
distribute, publicly display, publicly perform, or
publicly digitally perform. You may not offer or impose any terms on the Work
that alter or restrict the terms of this License 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 License and to the disclaimer of
warranties. You may not distribute,
publicly 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
License Agreement. 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 License. If You create a Collective
Work, upon notice from any Licensor You must, to the extent practicable, remove
from the
Collective Work any credit as required by clause 4(d), 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 credit as required by
clause 4(d), as requested.
- You
may distribute, publicly display, publicly perform, or publicly digitally
perform a Derivative Work only under the terms of this
License, a later version
of this License with the same License Elements as this License, or a Creative
Commons iCommons license that
contains the same License Elements as this License
(e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must include a copy
of, or the Uniform Resource Identifier for, this License or other license
specified in the previous sentence with every copy or phonorecord
of each
Derivative Work You distribute, publicly display, publicly perform, or publicly
digitally perform. You may not offer or impose
any terms on the Derivative Works
that alter or restrict the terms of this License or the recipients' exercise of
the rights granted
hereunder, and You must keep intact all notices that refer to
this License and to the disclaimer of warranties. You may not distribute,
publicly display, publicly perform, or publicly digitally perform the Derivative
Work with any technological measures that control
access or use of the Work in a
manner inconsistent with the terms of this License Agreement. The above applies
to the Derivative
Work as incorporated in a Collective Work, but this does not
require the Collective Work apart from the Derivative Work itself to
be made
subject to the terms of this License.
- 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.
- If
you distribute, publicly 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 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 (ii) if the Original Author and/or Licensor
designate another party or parties (e.g. a sponsor institute, publishing entity,
journal) for attribution in Licensor's copyright
notice, terms of service or by
other reasonable means, the name of such party or parties; 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.
- For
the avoidance of doubt, where the Work is a musical
composition:
- Performance
Royalties Under Blanket Licenses. Licensor reserves the exclusive right to
collect, whether individually or via a performance rights society (e.g. ASCAP,
BMI, SESAC),
royalties for the public performance or public digital performance
(e.g. webcast) of the Work if that performance is primarily intended
for or
directed toward commercial advantage or private monetary compensation.
- Mechanical
Rights and Statutory Royalties. Licensor reserves the exclusive right to
collect, whether individually or via a music rights agency or designated agent
(e.g. Harry
Fox Agency), royalties for any phonorecord You create from the Work
("cover version") and distribute, subject to the compulsory license
created by
17 USC Section 115 of the US Copyright Act (or the equivalent in other
jurisdictions), if Your distribution of such cover
version is primarily intended
for or directed toward commercial advantage or private monetary
compensation.
- Webcasting
Rights and Statutory Royalties. For the avoidance of doubt, where the Work
is a sound recording, Licensor reserves the exclusive right to collect, whether
individually
or via a performance-rights society (e.g. SoundExchange), royalties
for the public digital performance (e.g. webcast) of the Work,
subject to the
compulsory license created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions),
if Your public digital performance is
primarily intended for or directed toward commercial advantage or private
monetary compensation.
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
- 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 Derivative Works or Collective Works 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.
- 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
- Each
time You distribute or publicly digitally perform the Work or a Collective Work,
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.
- Each
time You distribute or publicly digitally perform a Derivative Work, 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.
- 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.
- 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.
- 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.
Creative Commons is not a party to this License, and makes
no warranty whatsoever in connection with the Work. Creative Commons will
not be
liable to You or any party on any legal theory for any damages whatsoever,
including without limitation any general, special,
incidental or consequential
damages arising in connection to this license. 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/.
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