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Creative Commons Attribution 2.5 (Canada-English) [2005] PubRL 9 (1 June 2005)
Creative Commons Attribution
Version: 2.5
Copyright: No
URL: http://creativecommons.org/licenses/by/2.5/ca/legalcode.en
Type: Content
Media: Generic
Country: Canada
Licence text
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT
PROVIDE LEGAL SERVICES. DISTRIBUTION OR USE OF THIS LICENCE DOES NOT CREATE
A
SOLICITOR-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 (hereafter "LICENCE"). THE WORK IS
PROTECTED BY COPYRIGHT
AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER
THIS LICENCE 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.
- Definitions.
- "Collective
Work" means a work, such as a dictionary, yearbook, encyclopedia, or a
newspaper, review magazine or singular periodical and any work written
in
distinct parts by different authors, or in which works or parts of works of
different authors are incorporated. 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 produces or reproduces the Work or any substantial
part thereof in any material form. Derivative works include:
- Translations
of the Work;
- Where
the Work is a dramatic work, conversions of the Work into a novel or other
non-dramatic work;
- Where
the Work is a novel or other non-dramatic work or an artistic work, conversions
of the Work into a dramatic work by way of performance
in public or
otherwise;
- Where
the Work is a literary or dramatic or musical work, making a sound recording,
cinematograph film or other mechanical contrivance
by means of which the Work
may be mechanically reproduced or performed; and
- Where
the Work is a literary or dramatic or musical or artistic work, reproductions,
adaptations or public presentations of the Work
as a cinematographic
work.
A work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this Licence. Where the Work
is
a musical composition or sound recording, the synchronization of the Work in
time-relation with a moving image (i.e. cinematographic
work "synching") will be
treated as a Derivative Work for the purpose of this Licence.
- "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.
- "Licensor"
means the individual or entity that offers the Work under the terms of this
Licence.
- "Moral
Rights" means rights that an individual who creates a Work protected by
copyright has concerning the integrity of the work, the attribution
(or
anonymity) of authorship, and the right not to be associated with a product,
service, cause or institution, or rights of similar
nature in the Work anywhere
in the world.
- "Musical
Work" means any work of music or musical composition, with or without words,
and includes any compilation thereof.
- "Original
Author" means the individual who created the Work.
- "Use"
means to exercise one or more of the rights set out below as granted by the
Licence and includes the title thereof when such title
is original and
distinctive.
- to
produce or reproduce the work in any material form;
- to
perform the work in public;
- if
the work is unpublished, to publish the work;
- to
convert a dramatic work into a non-dramatic work;
- to
convert a non-dramatic work into a dramatic work;
- to
make a sound recording, cinematographic film or other contrivance by means of
which the work may be mechanically reproduced or
performed;
- to
reproduce, adapt and publicly present the work, as a cinematographic film;
- to
communicate the work to the public by telecommunication;
- to
present at a public exhibition, for a purpose other than sale or hire, an
artistic work created after June 7, 1988, other than
a map, chart or plan;
- to
rent a computer program;
- to
rent a sound recording embodying a musical work; and/or
- to
authorize such acts.
- "Work"
means the distinctive and original work of authorship offered under the terms of
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.
- Fair
Dealing Rights. Nothing in this licence is intended to reduce, limit, or
restrict any rights accruing to fair dealing, and those exemptions afforded
to
individuals, educational institutions, libraries, archives, museums, computer
programs, incidental inclusions and ephemeral recordings,
or other limitations
on the exclusive rights of the copyright owner under the Copyright Act.
- 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
Use the Work, to incorporate the Work into one or more Collective Works, and to
Use the Work as incorporated in the Collective
Works; and
- to
create and reproduce 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.
For the avoidance of doubt, where the Work is a musical composition,
performer's performance or sound recording:
- Performance
Royalties Under Blanket Licences. Licensor waives the exclusive right to
collect, whether individually or via a performance rights society, royalties for
the public
performance or public digital performance (e.g. webcast) of the
musical Work, sound recording or performer's performance if that
performance is
primarily intended for or directed toward commercial advantage or private
monetary compensation.
- Mechanical
Rights in Musical Works. Licensor waives the exclusive right to collect,
whether individually or via a music rights agency, collective society, or
designated
agent, royalties for any soundrecording You create from the musical
Work ("cover version") if Your Use of such cover version is primarily
intended
for or directed toward commercial advantage or private monetary
compensation.
Except as otherwise agreed by the Original Author, if
You Use a Work or any Derivative Works or Collective Works in any material form,
You must not do anything that would offend the Moral Rights of the Original
Author, including but not limited to:
- You
must not falsely attribute the Work to someone other than the Original Author;
and
- If
applicable, You must respect the Original Author's wish to remain anonymous or
pseudonymous.
All other moral rights are waived. This means the
Original Author is not reserving the ability to prevent downstream creators from
engaging in material distortion or modification of the work, including, but
limited to, associating the Work with a particular product,
service, cause or
institution.
- Restrictions.
The licence granted in Section 3 above is expressly made subject to and limited
by the following restrictions:
- You
may Use 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
soundrecordings of the Work You Use. You may not offer or impose any terms on
the Work that alter
or restrict the terms of this 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
warranties. You may not Use 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.
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 request from any Licensor You must, to
the extent practicable, include or remove from the Collective
Work any credit
required by clause 4(b).
If You create a Derivative Work, upon request from any Licensor You must, to
the extent practicable, include or remove from the Derivative
Work any credit
required by clause 4(b).
- If
you Use the Work or any Derivative Works or Collective Works, You must keep
intact all copyright notices for the Work and give
credit reasonable to the
medium or means You are utilizing to the (i) Original Author by using his, her
or its name (or pseudonym)
if supplied; and/or (ii) if the Original Author
and/or Licensor designate another party or parties (eg. a sponsor institution,
publishing
entity, journal) for attribution in Licensor's copyright notice or
terms of service or by other reasonable means, then to 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.
- 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.
- Limitation
on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT
FOR DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM BREACH
OF THE
WARRANTIES IN SECTION 5, 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 LICENCE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
- 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.
- Miscellaneous.
- Each
time You Use 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 Use 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. 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.
- You
must abide the Licence during its term despite the expiry, initial invalidity or
later invalidation of any intellectual property
rights.
- The
construction, validity and performance of this Licence shall be governed by the
laws in force in Canada and, where applicable,
those of the province in which
the Licensor normally resides.
Creative Commons is not a
party to this Licence, 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
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 this Licence, 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 Canada may be contacted at http://creativecommons.ca/.
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