blob: b10cfcd901b2fdc4e9f2b7e42e91e99f6f9d16a2 [file] [log] [blame]
Creative Commons Legal Code
Sampling Plus 1.0
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
a. "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.
b. "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.
c. "Licensor" means the individual or entity that offers the Work under
the terms of this License.
d. "Original Author" means the individual or entity who created the Work.
e. "Work" means the copyrightable work of authorship offered under the
terms of this License.
f. "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:
a. Re-creativity permitted. You may create and reproduce Derivative
Works, provided that:
i. 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
ii. 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.
b. 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.
c. Prohibition on advertising. All advertising and promotional uses are
excluded from the above rights, except for advertisement and promotion
of the Derivative Work(s) that You are creating from the Work and
Yourself as the author thereof.
d. Noncommercial sharing of verbatim copies permitted.
i. 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.
ii. You may not exercise any of the rights granted to You in the
paragraph immediately 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.
e. Attribution and Notice.
i. 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.
ii. 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
a. 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.
b. 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
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.