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diff --git a/licenses/OAL-1.0.1 b/licenses/OAL-1.0.1 new file mode 100644 index 000000000000..03f93ca92992 --- /dev/null +++ b/licenses/OAL-1.0.1 @@ -0,0 +1,206 @@ +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). +Ê + 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. |