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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.