| EFF Open Audio License: |
| |
| Version 1.0.1 |
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| 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 |
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| 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; |
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| Name of work's Original Author(s) (both the performer and the song |
| writer); |
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| 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); |
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| notice, year created; and license version number. |
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| 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 |
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| 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. |