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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+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.