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349 lines
17 KiB
Markdown
# Creative Commons Attribution 4.0 International Public License ("CC BY 4.0")
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> © [Alicia Sykes](http://aliciasykes.com/legal) 2020, Licensed under [Creative Commons Attribution 4.0](https://creativecommons.org/licenses/by/4.0/)
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Creative Commons Corporation (“Creative Commons”) is not a law firm and does not
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provide legal services or legal advice. Distribution of Creative Commons public
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licenses does not create a lawyer-client or other relationship. Creative Commons
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makes its licenses and related information available on an “as-is” basis.
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Creative Commons gives no warranties regarding its licenses, any material
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licensed under their terms and conditions, or any related information. Creative
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Commons disclaims all liability for damages resulting from their use to the
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fullest extent possible.
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## USING CREATIVE COMMONS PUBLIC LICENSES
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Creative Commons public licenses provide a standard set of terms and conditions
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that creators and other rights holders may use to share original works of
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authorship and other material subject to copyright and certain other rights
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specified in the public license below. The following considerations are for
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informational purposes only, are not exhaustive, and do not form part of our
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licenses.
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### Considerations for licensors:
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Our public licenses are intended for use by those authorized to give the public
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permission to use material in ways otherwise restricted by copyright and certain
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other rights. Our licenses are irrevocable. Licensors should read and understand
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the terms and conditions of the license they choose before applying it.
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Licensors should also secure all rights necessary before applying our licenses
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so that the public can reuse the material as expected. Licensors should clearly
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mark any material not subject to the license. This includes other CC-licensed
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material, or material used under an exception or limitation to copyright.
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### Considerations for the public:
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By using one of our public licenses, a licensor grants the public permission to
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use the licensed material under specified terms and conditions. If the
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licensor’s permission is not necessary for any reason–for example, because of
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any applicable exception or limitation to copyright–then that use is not
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regulated by the license. Our licenses grant only permissions under copyright
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and certain other rights that a licensor has authority to grant. Use of the
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licensed material may still be restricted for other reasons, including because
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others have copyright or other rights in the material. A licensor may make
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special requests, such as asking that all changes be marked or described.
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Although not required by our licenses, you are encouraged to respect those
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requests where reasonable.
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---
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## Creative Commons Attribution 4.0 International Public License
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By exercising the Licensed Rights (defined below), You accept and agree to be
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bound by the terms and conditions of this Creative Commons Attribution 4.0
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International Public License ("Public License"). To the extent this Public
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License may be interpreted as a contract, You are granted the Licensed Rights in
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consideration of Your acceptance of these terms and conditions, and the Licensor
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grants You such rights in consideration of benefits the Licensor receives from
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making the Licensed Material available under these terms and conditions.
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### Section 1 – Definitions.
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a. Adapted Material means material subject to Copyright and Similar Rights
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that is derived from or based upon the Licensed Material and in which the
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Licensed Material is translated, altered, arranged, transformed, or
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otherwise modified in a manner requiring permission under the Copyright
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and Similar Rights held by the Licensor. For purposes of this Public
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License, where the Licensed Material is a musical work, performance, or
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sound recording, Adapted Material is always produced where the Licensed
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Material is synched in timed relation with a moving image.
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b. Adapter's License means the license You apply to Your Copyright and
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Similar Rights in Your contributions to Adapted Material in accordance
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with the terms and conditions of this Public License.
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c. Copyright and Similar Rights means copyright and/or similar rights closely
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related to copyright including, without limitation, performance,
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broadcast, sound recording, and Sui Generis Database Rights, without
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regard to how the rights are labeled or categorized. For purposes of this
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Public License, the rights specified in Section 2(b)(1)-(2) are not
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Copyright and Similar Rights.
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d. Effective Technological Measures means those measures that, in the absence
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of proper authority, may not be circumvented under laws fulfilling
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obligations under Article 11 of the WIPO Copyright Treaty adopted on
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December 20, 1996, and/or similar international agreements.
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e. Exceptions and Limitations means fair use, fair dealing, and/or any other
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exception or limitation to Copyright and Similar Rights that applies to
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Your use of the Licensed Material.
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f. Licensed Material means the artistic or literary work, database, or other
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material to which the Licensor applied this Public License.
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g. Licensed Rights means the rights granted to You subject to the terms and
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conditions of this Public License, which are limited to all Copyright and
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Similar Rights that apply to Your use of the Licensed Material and that
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the Licensor has authority to license.
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h. Licensor means the individual(s) or entity(ies) granting rights under this
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Public License.
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i. Share means to provide material to the public by any means or process that
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requires permission under the Licensed Rights, such as reproduction,
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public display, public performance, distribution, dissemination,
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communication, or importation, and to make material available to the
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public including in ways that members of the public may access the
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material from a place and at a time individually chosen by them.
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j. Sui Generis Database Rights means rights other than copyright resulting
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from Directive 96/9/EC of the European Parliament and of the Council of 11
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March 1996 on the legal protection of databases, as amended and/or
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succeeded, as well as other essentially equivalent rights anywhere in the
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world.
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k. You means the individual or entity exercising the Licensed Rights under
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this Public License. Your has a corresponding meaning.
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### Section 2 – Scope.
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a. License grant
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1. Subject to the terms and conditions of this Public License, the
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Licensor hereby grants You a worldwide, royalty-free,
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non-sublicensable, non-exclusive, irrevocable license to exercise the
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Licensed Rights in the Licensed Material to:
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A. reproduce and Share the Licensed Material, in whole or in part; and
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B. produce, reproduce, and Share Adapted Material.
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2. Exceptions and Limitations. For the avoidance of doubt, where
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Exceptions and Limitations apply to Your use, this Public License does
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not apply, and You do not need to comply with its terms and conditions.
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3. Term. The term of this Public License is specified in Section 6(a).
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4. Media and formats; technical modifications allowed. The Licensor
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authorizes You to exercise the Licensed Rights in all media and formats
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whether now known or hereafter created, and to make technical
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modifications necessary to do so. The Licensor waives and/or agrees not
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to assert any right or authority to forbid You from making technical
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modifications necessary to exercise the Licensed Rights, including
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technical modifications necessary to circumvent Effective Technological
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Measures. For purposes of this Public License, simply making
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modifications authorized by this Section 2(a)(4) never produces Adapted
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Material.
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5. Downstream recipients.
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A. Offer from the Licensor – Licensed Material. Every recipient of the
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Licensed Material automatically receives an offer from the Licensor
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to exercise the Licensed Rights under the terms and conditions of
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this Public License.
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B. No downstream restrictions. You may not offer or impose any
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additional or different terms or conditions on, or apply any
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Effective Technological Measures to, the Licensed Material if doing
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so restricts exercise of the Licensed Rights by any recipient of the
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Licensed Material.
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6. No endorsement. Nothing in this Public License constitutes or may be
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construed as permission to assert or imply that You are, or that Your
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use of the Licensed Material is, connected with, or sponsored,
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endorsed, or granted official status by, the Licensor or others
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designated to receive attribution as provided in Section 3(a)(1)(A)(i).
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b. Other rights
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1. Moral rights, such as the right of integrity, are not licensed under
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this Public License, nor are publicity, privacy, and/or other similar
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personality rights; however, to the extent possible, the Licensor
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waives and/or agrees not to assert any such rights held by the Licensor
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to the limited extent necessary to allow You to exercise the Licensed
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Rights, but not otherwise.
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2. Patent and trademark rights are not licensed under this Public License.
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3. To the extent possible, the Licensor waives any right to collect
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royalties from You for the exercise of the Licensed Rights, whether
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directly or through a collecting society under any voluntary or
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waivable statutory or compulsory licensing scheme. In all other cases
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the Licensor expressly reserves any right to collect such royalties.
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### Section 3 – License Conditions.
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Your exercise of the Licensed Rights is expressly made subject to the following conditions.
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a. Attribution
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1. If You Share the Licensed Material (including in modified form), You
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must:
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A. retain the following if it is supplied by the Licensor with the
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Licensed Material:
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i. identification of the creator(s) of the Licensed Material and any
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others designated to receive attribution, in any reasonable
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manner requested by the Licensor (including by pseudonym if
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designated);
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ii. a copyright notice;
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iii. a notice that refers to this Public License;
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iv. a notice that refers to the disclaimer of warranties;
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v. a URI or hyperlink to the Licensed Material to the extent
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reasonably practicable;
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B. indicate if You modified the Licensed Material and retain an
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indication of any previous modifications; and
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C. indicate the Licensed Material is licensed under this Public
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License, and include the text of, or the URI or hyperlink to, this
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Public License.
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2. You may satisfy the conditions in Section 3(a)(1) in any reasonable
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manner based on the medium, means, and context in which You Share the
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Licensed Material. For example, it may be reasonable to satisfy the
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conditions by providing a URI or hyperlink to a resource that includes
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the required information.
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3. If requested by the Licensor, You must remove any of the information
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required by Section 3(a)(1)(A) to the extent reasonably practicable.
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4. If You Share Adapted Material You produce, the Adapter's License You
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apply must not prevent recipients of the Adapted Material from
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complying with this Public License.
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### Section 4 – Sui Generis Database Rights.
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Where the Licensed Rights include Sui Generis Database Rights that apply to Your
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use of the Licensed Material:
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a. for the avoidance of doubt, Section 2(a)(1) grants You the right to
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extract, reuse, reproduce, and Share all or a substantial portion of the
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contents of the database;
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b. if You include all or a substantial portion of the database contents in a
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database in which You have Sui Generis Database Rights, then the database
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in which You have Sui Generis Database Rights (but not its individual
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contents) is Adapted Material; and
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c. You must comply with the conditions in Section 3(a) if You Share all or a
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substantial portion of the contents of the database.
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For the avoidance of doubt, this Section 4 supplements and does not replace Your
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obligations under this Public License where the Licensed Rights include other
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Copyright and Similar Rights.
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### Section 5 – Disclaimer of Warranties and Limitation of Liability.
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a. Unless otherwise separately undertaken by the Licensor, to the extent
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possible, the Licensor offers the Licensed Material as-is and
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as-available, and makes no representations or warranties of any kind
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concerning the Licensed Material, whether express, implied, statutory, or
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other. This includes, without limitation, warranties of title,
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merchantability, fitness for a particular purpose, non-infringement,
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absence of latent or other defects, accuracy, or the presence or absence
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of errors, whether or not known or discoverable. Where disclaimers of
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warranties are not allowed in full or in part, this disclaimer may not
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apply to You.
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b. To the extent possible, in no event will the Licensor be liable to You on
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any legal theory (including, without limitation, negligence) or otherwise
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for any direct, special, indirect, incidental, consequential, punitive,
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exemplary, or other losses, costs, expenses, or damages arising out of
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this Public License or use of the Licensed Material, even if the Licensor
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has been advised of the possibility of such losses, costs, expenses, or
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damages. Where a limitation of liability is not allowed in full or in
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part, this limitation may not apply to You.
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c. The disclaimer of warranties and limitation of liability provided above
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shall be interpreted in a manner that, to the extent possible, most
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closely approximates an absolute disclaimer and waiver of all liability.
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### Section 6 – Term and Termination.
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a. This Public License applies for the term of the Copyright and Similar
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Rights licensed here. However, if You fail to comply with this Public
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License, then Your rights under this Public License terminate
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automatically.
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b. Where Your right to use the Licensed Material has terminated under
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Section 6(a), it reinstates:
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1. automatically as of the date the violation is cured, provided it is
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cured within 30 days of Your discovery of the violation; or
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2. upon express reinstatement by the Licensor.
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For the avoidance of doubt, this Section 6(b) does not affect any right
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the Licensor may have to seek remedies for Your violations of this Public
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License.
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c. For the avoidance of doubt, the Licensor may also offer the Licensed
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Material under separate terms or conditions or stop distributing the
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Licensed Material at any time; however, doing so will not terminate this
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Public License.
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d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.
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### Section 7 – Other Terms and Conditions.
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a. The Licensor shall not be bound by any additional or different terms or
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conditions communicated by You unless expressly agreed.
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b. Any arrangements, understandings, or agreements regarding the Licensed
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Material not stated herein are separate from and independent of the terms
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and conditions of this Public License.
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### Section 8 – Interpretation.
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a. For the avoidance of doubt, this Public License does not, and shall not be
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interpreted to, reduce, limit, restrict, or impose conditions on any use
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of the Licensed Material that could lawfully be made without permission
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under this Public License.
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b. To the extent possible, if any provision of this Public License is deemed
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unenforceable, it shall be automatically reformed to the minimum extent
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necessary to make it enforceable. If the provision cannot be reformed, it
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shall be severed from this Public License without affecting the
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enforceability of the remaining terms and conditions.
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c. No term or condition of this Public License will be waived and no failure
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to comply consented to unless expressly agreed to by the Licensor.
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d. Nothing in this Public License constitutes or may be interpreted as a
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limitation upon, or waiver of, any privileges and immunities that apply to
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the Licensor or You, including from the legal processes of any
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jurisdiction or authority.
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Creative Commons is not a party to its public licenses. Notwithstanding,
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Creative Commons may elect to apply one of its public licenses to material it
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publishes and in those instances will be considered the “Licensor.” The text of
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the Creative Commons public licenses is dedicated to the public domain under the
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CC0 Public Domain Dedication. Except for the limited purpose of indicating that
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material is shared under a Creative Commons public license or as otherwise
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permitted by the Creative Commons policies published at
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creativecommons.org/policies, Creative Commons does not authorize the use of the
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trademark “Creative Commons” or any other trademark or logo of Creative Commons
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without its prior written consent including, without limitation, in connection
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with any unauthorized modifications to any of its public licenses or any other
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arrangements, understandings, or agreements concerning use of licensed material.
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For the avoidance of doubt, this paragraph does not form part of the public
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licenses.
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Creative Commons may be contacted at creativecommons.org.
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