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Creative Commons Attribution-NoDerivs 2.5 (South Africa) [2005] PubRL 51 (1 June 2005)
Creative Commons Attribution-NoDerivs
Version: 2.5
Copyright: No
URL: http://creativecommons.org/licenses/by-nd/2.5/za/legalcode
Type: Content
Media: Generic
Country: South Africa
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 DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM
USE OF THE LICENCE.
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, PERFOMERS PROTECTION AND/OR OTHER APPLICABLE LAW. ANY
USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS
LICENCE OR 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.
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 Licence.
- "Derivative
Work" means a work based upon the Work or upon the Work and other
pre-existing works; including an adaptation of a Work, translation, musical
Work, dramatization, fictionalization, cinematographic film, sound recording,
art reproduction, abridgment, condensation, adaptation
for use by sensory
disabled persons, 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 Licence. For
the avoidance of
doubt, where the Work is a musical work 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 . Synching
is not limited to synchronization of
sound and moving
images.
- "Entity"
includes a legal person or a number of persons acting together, such as a
partnership or an unincorporated association and where
appropriate the State or
an international organisation.
- "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, and where
Performers Protection is applicable the performer.
- "Work"
means the original work of authorship and, where appropriate performance,
offered under the terms of this Licence, including literary,
musical and
artistic works; cinematograph films; sound recordings; broadcasts;
programme-carrying signals; published editions and
computer programs. The
performance must be fixed to constitute a work under this Licence.
- "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,
No
Derivatives.
2. Fair Dealing Rights. Nothing in this licence
is intended to reduce, limit, or restrict any rights arising from fair dealing,
the general exceptions to
protection of copyright works or other limitations on
the exclusive rights of the copyright owner or performer under copyright,
performer’s
protection 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 licence,
for
the duration of the applicable copyright 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
distribute copies of, display publicly, perform publicly, and broadcast, the
Work including as incorporated in Collective Works;
- to
transmit the Work, including as incorporated in Collective Works in a diffusion
service;
- to
publish the Work, including as incorporated in Collective Works;
- to
make the work available to the public.
- For
the avoidance of doubt, where the Work is a musical work or sound recording:
- Performance
Royalties Under Blanket Licences. Licensor waives the exclusive right to
collect, whether individually or via a performance
rights society (e.g. SAMRO)
royalties for the public performance, broadcasting or diffusion through a
diffusion service of the Work.
- Mechanical
Rights and Statutory Royalties. Licensor waives the exclusive right to collect,
whether individually or via a music rights
agency (SARRAL, NORM) or designated
agent, royalties for any record of a musical work You create from the Work
("cover version")
and distribute, subject to a compulsory Licence created under
section 14 of the South African Copyright Act (or the equivalent in
other
jurisdictions).
The Licence is irrevocable except for breach as set
out in this Licence. All rights not expressly granted by Licensor are hereby
reserved,
including but not limited to the rights set forth in Sections
4(c).
4. Restrictions. The Licence granted in Section 3 above is
expressly made subject to and limited by the following restrictions:
- You
may distribute, publicly display, publicly perform, broadcast, transmit, publish
and make available 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 of the Work
You distribute, publicly display, publicly perform,
broadcast, transmit, publish or make available. You may not offer or impose any
terms on the Work that alter or restrict the terms of this Licence or the
recipients' exercise of the rights granted hereunder. You
may not sublicence the
Work. You must keep intact all notices that refer to this Licence and all rights
management information. You
may not distribute, publicly display, publicly
perform, broadcast, transmit, publish and make available the Work with any
technological
measures that control access or use of the Work in a manner
inconsistent with the terms of this Licence Agreement or as permitted
by law as
specified in Section 2. 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 credit as required by clause
4(b),
as requested.
- If
you distribute, publicly display, publicly perform, broadcast, transmit, publish
or make available the Work or any Collective Works,
You must keep intact all
rights management information for the Work and provide credit reasonable to the
medium or means that You
are utilizing:
- (i) the name (or
pseudonym if applicable) of the Original Author if supplied, and/or (ii) if the
Original Author and or Licensor
designates another party or parties (e.g. a
sponsor institute, publishing entity, journal) for attribution in the 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 rights
management information or licensing information for the Work;
Such credit may be implemented in any reasonable manner; provided, however,
that in the case of a 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.
- You
may not exercise any of the rights granted to You in Section 3 above in any
manner that violates the moral rights of the author,
to be named as author of
the Work, and to object to any distortion, mutilation or other modification of
the work where such action
is or would be prejudicial to the honour or
reputation of the author. Provided that an author who authorizes the use of his
work
in a cinematograph film or a television broadcast or an author of a
computer program or a work associated with a computer program
may not prevent or
object to modifications that are absolutely necessary on technical grounds.
Should an author object compliance
with a request to remove the authors’
name from the work in accordance with 4.a above is sufficient to respect the
authors’
moral right.
5. Representations, Warranties and
Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN
WRITING, LICENSOR OFFERS THE WORK VOETSOOTS AND MAKES NO OTHER
REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF ACCURACY,
OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE AND IF THE
WORK INCLUDES
SOFTWARE, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. 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 (INCLUDING CONTRACT,
DELICT INCLUDING NEGLIGENCE OR
GROSS NEGLIGENCE, OR STATUTORY CLAIMS) FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF THIS LICENCE OR THE
USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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 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 distribute, publish or make available 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.
- 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. 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.
- This
Licence is governed by the law of South Africa, and the law of South Africa
shall apply to the establishment, and interpretation
of this Licence.
- This
Licence shall be construed so as to promote the use and distribution of the work
in SADC (Southern African Development Community)
countries.
- You
and the Licensor both submit to the non-exclusive jurisdiction of the High Court
(of the Republic of South Africa) having jurisdiction
within the territorial
area of the primary place of business or domicile of the Licensor.
Creative Commons is not a party to this Licence, and makes no
warranty whatsoever in connection with the Work. Creative Commons shall
not be
liable to You or any party on any legal theory (INCLUDING CONTRACT, DELICT
INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE, OR STATUTORY
CLAIMS) 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.
The Licensor by granting the Licence under this
CCPL licences accepts these
benefits and rights for and on behalf of Creative Commons and Creative Commons
South Africa. All disclaimers
of liability and legal protection that apply to
Creative Commons Corporation also apply to Creative Commons South Africa, a
collaborative
project of Creative Commons Corporation and South African
affliates.
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/.
Creative Commons South Africa may be contacted at http://za.creativecommons.org
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