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Creative Commons NonCommercial Sampling Plus 1.0 (Brazil) [2009] PubRL 17 (1 January 2009)
Creative Commons NonCommercial Sampling Plus
Version: 1.0
Copyright: No
URL: http://creativecommons.org/licenses/nc-sampling+/1.0/legalcode
Type: Content
Media: Generic
Country: Brazil
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.
- "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.
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 & Restrictions. 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 on the
conditions as stated
below:
- Noncommercial
use only. You may not exercise any of the rights granted to You in this
license 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.
- Noncommercial
re-creativity permitted. You may create and reproduce Derivative Works,
provided that:
- the
Derivative Work(s) constitute a good-faith partial or recombined usage employing
"sampling," "collage," "mash-up," or other comparable
artistic technique,
whether now known or hereafter devised, that is highly transformative of the
original, as appropriate to the
medium, genre, and market niche; and
- Your
Derivative Work(s) must only make a partial use of the original Work, or if You
choose to use the original Work as a whole, You
must either use the Work as an
insubstantial portion of Your Derivative Work(s) or transform it into something
substantially different
from the original Work. In the case of a musical Work
and/or audio recording, the mere synchronization ("synching") of the Work with
a
moving image shall not be considered a transformation of the Work into something
substantially different.
- You
may distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio
transmission, any Derivative
Work(s) authorized under this License.
- Noncommercial
sharing of verbatim copies permitted.
- You
may reproduce the Work, incorporate the Work into one or more Collective Works,
and reproduce the Work as incorporated in the
Collective Works. You may
distribute copies or phonorecords of, display publicly, perform publicly, and
perform publicly by means
of a digital audio transmission the Work including or
incorporated in Collective Works.
- Attribution
and Notice.
- 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 give the Original Author credit
reasonable to the medium or means
You are utilizing by conveying the name (or
pseudonym if applicable) of the Original Author if supplied; the title of the
Work if
supplied; to the extent reasonably practicable, provide the Uniform
Resource Identifier, if any, that Licensor specifies to be associated
with the
Work or a Derivative Work, unless such Uniform Resource Identifier does not
refer to the copyright notice or licensing information
for the Work; and in the
case of a Derivative Work, provide a credit identifying the use of the Work in
the Derivative Work (e.g.,
"Remix of the Work by Original Author," or "Inclusion
of a portion of the Work by Original Author in collage"). 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.
- 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 or
Derivative 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 of use of the Work in a manner inconsistent with the terms
of this License. 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. Upon notice from any Licensor
You must, to the extent practicable, remove from the Derivative Work or
Collective Work
any reference to such Licensor or the Original Author, as
requested.
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.
4. Disclaimer
UNLESS SPECIFIED OTHERWISE BY THE PARTIES IN A SEPARATE WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR
IMPLIED, 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 OR ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE.
5. Limitation on Liability.
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.
6. 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, 4, 5, 6,
and 7 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 granted under the terms of this License), and this License will
continue in full force and effect unless terminated as stated
above.
7. 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, and with respect to the subject matter hereof, not
specified above. 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.
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