forked from hasufell/hasufell-repository
207 lines
9.6 KiB
Groff
207 lines
9.6 KiB
Groff
EFF Open Audio License:
|
|
|
|
Version 1.0.1
|
|
|
|
Changes from ver. 1.0[.0]: Typo corrections; no substantive changes.
|
|
1. I. Preamble
|
|
2. II. Terms of Use
|
|
3. III. How to Use this License
|
|
|
|
I. PREAMBLE
|
|
|
|
PRINCIPLES
|
|
|
|
Digital technology and the Internet can eMPOWER ARTISTS TO REACH A
|
|
WORldwide audience and to build upon each other's ideas and imagination
|
|
with extremely low production and distribution costs. Many software
|
|
developers, through both the open source software initiative and the
|
|
free software movement, have long taken advantage of these facts to
|
|
create a vibrant community of shared software that benefits creators and
|
|
the public.
|
|
|
|
EFF's Open Audio License provides a legal tool that borrows from both
|
|
movements providing freedom and openness to use music and other
|
|
expressive works in new ways. It allows artists to grant the public
|
|
permission to copy, distribute, adapt, and publicly perform their works
|
|
royalty-free as long as credit is given to the creator as the Original
|
|
Author.
|
|
|
|
As in the software communities, this license is intended to help foster
|
|
a community of creators and performers who are free to share and build
|
|
on each others' work. This also frees their audience to share works that
|
|
they enjoy with others, all for the purpose of creating a rich and
|
|
vibrant public commons.
|
|
|
|
More specifically, this license is designed to serve as a tool of
|
|
freedom for artists who wish to reach one another and new fans with
|
|
their original works. It allows musicians to collaborate in creating a
|
|
pool of "open audio" that can be freely modified, exchanged, and
|
|
utilized in new ways. Artists can use this license to promote themselves
|
|
and take advantage of the new possibilities for empowerment and
|
|
independence that technology provides. It also allows the public to
|
|
experience new music, and connect directly with artists, as well as
|
|
enable "super distribution" where the public is encouraged to copy and
|
|
distribute a work, adding value to the artist's reputation while
|
|
experiencing a world of new music never before available.
|
|
|
|
Why is the EFF advocating a license?
|
|
|
|
Because, despite the fact that we are uneasy with the licensing, as
|
|
opposed to sale, of both music and software, we see this particular
|
|
license as a tool of freedom. Our goal is to use the tools of copyright
|
|
to free artists and audiences from the portion of current copyright law
|
|
that seems, to us, to be getting in the way of copyright's original
|
|
purpose -- the creation of a vibrant public commons of music that we all
|
|
can enjoy and that artists can build upon. As part of it, we hope to
|
|
demonstrate some of what we believe should be the best practices in
|
|
licenses, including respect for the rights and limitations of copyright
|
|
law including fair use, first sale rights, as well as consumer
|
|
protection laws and of course freedom of speech. The aim of this license
|
|
is to use copyright tools to achieve copyright's stated objectives of
|
|
spreading knowledge and culture while preserving incentives for the
|
|
author.
|
|
|
|
For legal purposes, this document is the official license under which
|
|
Open Audio is made available for public use. The original version of
|
|
this document may be found at:
|
|
http://www.eff.org/IP/Open_licenses/eff_oal.html
|
|
|
|
Specific terms and conditions for accessing, copying, distribution,
|
|
adaptation, public performance, and attribution follow.
|
|
|
|
II. TERMS AND CONDITIONS FOR USE:
|
|
|
|
Access, Copying, Distribution, Public Performance, Adaptation, and Attribution
|
|
|
|
This license applies to any work offered by the Original Author(s) with
|
|
a notice indicating that it is released under the terms of the EFF Open
|
|
Audio License, "(O)". If used in conjunction with a sound recording
|
|
(whether in digital or analog form), this license encompasses the
|
|
copyright in both the sound recording (the "master" rights) and the
|
|
underlying musical composition (the "songwriter" rights).
|
|
|
|
The Original Author retains the copyrights to works released under this
|
|
license, but grants the worldwide public permission to use the work in
|
|
the ways authorized herein. Activities other than those specifically
|
|
addressed below are outside the scope of this license.
|
|
|
|
1. Access, Reproduction, Distribution, Modification, and
|
|
Performance Rights. Subject to the terms and conditions of this
|
|
license, the Original Author irrevocably and perpetually grants to
|
|
the public authorization to freely access, copy, distribute, modify,
|
|
create derivative works from, and publicly perform the work released
|
|
under this license in any medium or format, provided that Original
|
|
Author attribution be included with any copies distributed or public
|
|
performances of the work, as well as any derivative works based on
|
|
the work, as further described below.
|
|
|
|
2. Original Author Attribution Requirement. Original Author
|
|
attribution is generally defined as a method in the regular course
|
|
of dealing that reasonably conveys to the recipient of a copy or
|
|
performance the following information: (1) The notice "(O)" that
|
|
indicates the work is released under the EFF Open Audio license; (2)
|
|
the identity of the Original Author; (3) the title of the work (at
|
|
Original Author's option); and (4) how the first listed Original
|
|
Author may be contacted (at Original Author's option).
|
|
|
|
Where a common, widely-adopted method for attribution is available
|
|
(such as ID3 tagging for MP3 files), Original Author attribution
|
|
should be implemented using the common, widely-adopted method. In
|
|
other circumstances, Original Author attribution may be implemented
|
|
in any reasonable fashion, such as by including attribution in the
|
|
public performance, or affixing it to the physical media, or
|
|
embedding it in the digital file. See the Suggested Guidelines for
|
|
general attribution requirements for giving proper credit to the
|
|
work's Original Author in differing circumstances.
|
|
|
|
3. Agree Not to Limit Others' Use. Any new work that in whole or in
|
|
part contains or is derived from a work (or part thereof) made
|
|
available under this license, must itself be licensed as a whole
|
|
under the terms of this license.
|
|
|
|
Notwithstanding the foregoing, mere aggregation on a volume of a
|
|
storage or distribution medium of an independently created work with
|
|
one that is made available under this license does not bring the
|
|
other work under the scope of this license. It is not the intent of
|
|
this section to contest the rights of others in works created
|
|
entirely by them; rather, the intent is to exercise the right to
|
|
control the distribution of derivative or collective works based
|
|
upon a work subject to this license.
|
|
|
|
4. Acceptance of Terms. Because you have not signed this license,
|
|
you cannot be required to accept it. But nothing besides this
|
|
license grants you authorization to copy, distribute, adapt, or
|
|
publicly perform royalty-free the copyrighted works released under
|
|
it. These activities are prohibited by law without a license or
|
|
other contractual right granted by the copyright owner. By
|
|
exercising one of the rights granted herein you indicate your
|
|
acceptance of this license and agree to be bound by all its terms
|
|
and conditions.
|
|
|
|
5. License Version. This license is Version 1.0. New versions of
|
|
this license will be published from time to time at:
|
|
http://www.eff.org/IP/Open_licenses/eff_oal.html
|
|
|
|
Anyone who releases a work under the license without specifying a
|
|
version number allows the recipient to use the work subject to the
|
|
then-current version of this license.
|
|
|
|
6. Civil Liberties Unrestricted. Nothing in this license is
|
|
intended to reduce, limit, or restrict any fair use, the first sale
|
|
doctrine, or the public side of the copyright bargain under
|
|
copyright law, or to in any other way limit any rights bestowed
|
|
under consumer protection or other applicable laws.
|
|
|
|
7. Warranty. By offering an original work for public release under
|
|
this license, the Original Author warrants that (i) s/he has the
|
|
power and authority to grant the rights conveyed herein, and (ii)
|
|
use of the work within the scope of this license will not infringe
|
|
the copyright of any third party.
|
|
|
|
III. HOW TO USE THIS LICENSE
|
|
|
|
If you are a musician, band, or other artist and you want your creative
|
|
works to be experienced by the widest audience possible and touch the
|
|
hearts and minds of the greatest number of people around the world, the
|
|
EFF Open Audio License allows your fans and supporters to market and
|
|
distribute your work through viral marketing that creates attention and
|
|
adds value to your identity. You can also help build a common pool of
|
|
creative expression that can be accessed and improved upon by all of
|
|
society.
|
|
|
|
To do so, convey or affix the following information to or about the copy
|
|
or performance of the work:
|
|
|
|
|
|
The designation "(O)", representing "open" which indicates that the
|
|
Original Author(s) have released the work subject to the terms and
|
|
conditions of this public license;
|
|
|
|
Name of work's Original Author(s) (both the performer and the song
|
|
writer);
|
|
|
|
Name or title of work (at option of author);
|
|
|
|
First Original Author's specified contact means usually an email or
|
|
Internet address (at option of author);
|
|
|
|
notice, year created; and license version number.
|
|
|
|
|
|
Examples: (O) Future Tribe "Gaian Smile" www.VirtualRecordings.com
|
|
2001 V.1.0
|
|
|
|
|
|
or (O) Future Tribe "Imitatio Mundi" future@virtualrecordings.com
|
|
2001 V.1.0
|
|
|
|
|
|
This license is designed to provide artists with a mechanism to promote
|
|
their creative talents and identity to millions of people through
|
|
releasing certain recordings to the public. It is also designed to serve
|
|
as a tool to allow musicians to experiment with new business models that
|
|
do not depend solely on a payment of fee-per-copy. Changing times
|
|
require artists be creative in devising new business models for assuring
|
|
payment and adequate compensation for their important contributions to
|
|
society.
|