Vous vous souvenez de ces articles visant à sauvegarder les textes légaux des licences utilisées et proposées sur Dogmazic ? En voici un nouveau 😉
Dans la lignée des licences Creative Commons peu connues, voici la Creative Commons Sampling Plus 1.0.
C’est un exemple intéressant de la souplesse que permettent les licences libres:
En résumé, vous êtes libre d’échantillonner (sampler), faire des mash-ups ou transformer l’œuvre d’une autre manière créative pour des buts commerciaux ou non-commerciaux.
MAIS de la performer, d’afficher et distribuer des copies de l’œuvre entière pour des buts non-commerciaux seulement.
Le tout sous les conditions suivantes:
- Vous n’avez pas le droit d’utiliser cette œuvre à des fins publicitaires ou de promotion autres que celles destinées à l’œuvre que vous créez à partir d’elle.
- Vous devez indiquer l’auteur de l’œuvre ou le titulaire des droits (mais pas d’une manière qui suggérerait qu’ils vous approuvent, vous ou votre utilisation de l’œuvre)
- Et laisser clairs et explicites les termes de la licence pour toute redistribution (par exemple via un lien vers la page Sampling Plus sur le site Creative Commons).
Par contre, elle n’est plus maintenue par Creative Commons depuis le 09/12/11 (qui en déconseille l’utilisation) pour la raison suivante: elle n’est compatible avec aucune autre licence Creative Commons.
Note: ne pas confondre cette licence avec la CC Sampling, et la CC sampling plus Non Commercial, sur lesquelles nous reviendrons plus tard 🙂
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.
- « 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:
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.