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THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE
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1. Definitions
a.
"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 Licence.
b. "Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works; including an adaptation of a Work, translation,
musical Work, dramatization, fictionalization, cinematographic film, sound
recording, art reproduction, abridgment, condensation, adaptation for use by sensory disabled persons, 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 Licence. For the avoidance of doubt,
where the Work is a musical work or sound recording, the synchronization of the
Work in timed-relation with a moving image ("synching") will be
considered a Derivative Work for the purpose of this Licence. Synching is not limited to synchronization
of sound and moving images.
c.
“Entity” includes a
legal person or a number of persons acting together, such as a partnership or
an unincorporated association and where appropriate
the State or an international organisation.
d.
"Licensor" means the individual or entity that offers the Work under
the terms of this Licence.
e. "Original Author" means the individual or entity who created the Work, and where Performers Protection is applicable the
performer..
f.
"Work" means the original
work of authorship and where appropriate performance, offered under the terms
of this Licence, including literary, musical and artistic works; cinematograph
films; sound recordings; broadcasts; programme-carrying
signals; published editions and computer programs. The performance must be fixed to constitute a work under this licence.
g.
"You" means an individual or entity exercising rights under this
Licence who has not previously violated the terms of this Licence with respect
to the Work, or who has received express permission from the Licensor to
exercise rights under this Licence despite a previous violation.
h. "Licence Elements" means the following high-level licence attributes as
selected by Licensor and indicated in the title of this Licence: Attribution,
Noncommercial, ShareAlike.
i.
“Creative Commons” in this licence refers to both Creative Commons and
Creative Commons South Africa.
2. Fair Dealing Rights. Nothing in this licence is intended to reduce, limit, or
restrict any rights arising from fair dealing, the general exceptions to
protection of copyright works or other limitations on the exclusive rights of
the copyright owner or performer under copyright, performer’s protection law or
other applicable laws.
3. Licence Grant. Subject to the terms and conditions of this Licence,
Licensor hereby grants You a worldwide, royalty-free,
non-exclusive licence, for the duration of the applicable copyright to exercise
the rights in the Work as stated below:
- to reproduce the
Work,
- to incorporate the
Work into one or more Collective Works, and to reproduce the Work as
incorporated in the Collective Works;
- to create and
reproduce Derivative Works;
- to distribute copies
of, display publicly, and perform publicly and broadcast, the Work including as incorporated in Collective
Works;
- to distribute copies
of, display publicly, perform publicly and broadcast
Derivative Works;
- to transmit the Work, including as incorporated in Collective
Works in a diffusion service;
- to transmit Derivative Works in a diffusion service;
- to publish the Work, including as incorporated in Collective
Works;
- to publish Derivative Works;
- to the make available to the
public.c
The licence
is irrevocable except for breach as set out in this licence.
The above rights include the right to make such
modifications as are technically necessary to exercise the rights in other
media and formats. (Is this provision redundant in South Africa?)All rights not
expressly granted by Licensor are hereby reserved, including but not limited to
the rights set forth in Sections 4(e).
4. Restrictions. The licence granted in Section 3 above is expressly made
subject to and limited by the following restrictions:
- You may distribute,
publicly display, publicly perform the Work only under the terms of this Licence,
and You must include a copy of, or the Uniform Resource Identifier for,
this Licence with every copy of the Work You distribute, publicly display,
or publicly perform. You may not offer or impose any terms on the Work
that alter or restrict the terms of this Licence or the recipients'
exercise of the rights granted hereunder. You may not sublicence
the Work. You must keep intact all notices that refer to this Licence and all rights management information.
You may not distribute, publicly display, or publicly perform the Work
with any technological measures that control access or use of the Work in
a manner inconsistent with the terms of this Licence Agreement or as permitted by law as specified in
Section 2. 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 Licence. If You create a Collective Work, upon notice from any
Licensor You must, to the extent practicable, remove from the Collective
Work any reference to such Licensor or the Original Author, as requested.
If You create a Derivative Work, upon notice from
any Licensor You must, to the extent practicable, remove from the
Derivative Work any reference to such Licensor or the Original Author, as
requested.
- You may distribute,
publicly display, or publicly perform a Derivative Work only under the
terms of this Licence, a later version of this Licence with the same Licence
Elements as this Licence, or a Creative Commons iCommons
licence that contains the same Licence Elements as this Licence (e.g.
Attribution-NonCommercial-ShareAlike 2.0 Japan).
You must include a copy of, or the Uniform Resource Identifier for, this Licence
or other licence specified in the previous sentence with every copy of
each Derivative Work You distribute, publicly display, or publicly
perform. You may not offer or impose any terms on the Derivative Works
that alter or restrict the terms of this Licence or the recipients'
exercise of the rights granted hereunder, and You
must keep intact all notices that refer to this Licence and to the
disclaimer of warranties. You may not distribute, publicly display, or
publicly perform the Derivative Work with any technological measures that
control access or use of the Work in a manner inconsistent with the terms
of this Licence Agreement or as
permitted by law as specified in Section 2. The above applies to the
Derivative Work as incorporated in a Collective Work, but this does not
require the Collective Work apart from the Derivative Work itself to be
made subject to the terms of this Licence.
- You may not exercise
any of the rights granted to You in Section 3
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.
- If you distribute,
publicly display or publicly perform the Work or any Derivative Works or
Collective Works, You must keep intact all rights management information for the Work and give the
Original Author credit reasonable to the medium or means that You are
utilizing b:
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conveying the name (or
pseudonym if applicable) of the Original Author if supplied;
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the title of the Work
if supplied; to the extent reasonably practicable,
-
the Uniform Resource
Identifier, if any, that Licensor specifies to be associated with the Work,
unless such URI does not refer to the copyright notice or licensing information
for the Work;
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and in the case of a Derivative Work, a credit identifying the
use of the Work in the Derivative Work (e.g., "French translation of the
Work by Original Author," or "Screenplay based on original Work by
Original Author").
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.
e.
For the avoidance of
doubt, where the Work is a musical work or sound recording:
i.
Performance Royalties
Under Blanket Licences. Licensor
reserves the exclusive right to collect, whether individually or via a
performance rights society (e.g. SAMRO) royalties for the public performance, broadcasting or diffusion through a diffusion
service of the Work if that performance, broadcast or diffusion is primarily intended for or directed toward
commercial advantage or private monetary compensation.
- Mechanical
Rights and Statutory Royalties. Licensor reserves the exclusive
right to collect, whether individually or via a music rights agency (SARRAL, NORM) or designated agent, royalties for any record
of a musical work You create from the Work ("cover version")
and distribute, subject to a compulsory licence created under section 14
of the South African Copyright Act (or the equivalent in other
jurisdictions), if Your distribution of such cover version is primarily
intended for or directed toward commercial advantage or private monetary
compensation.
- You may not exercise
any of the rights granted to You in Section 3 above in any manner that
violates the moral rights of the author, to be named as author of the
Work, and to object to any distortion, mutilation or other
modification of the work where such action is or would be prejudicial to
the honour or reputation of the author. Provided that an author who authorizes the use of his work in a
cinematograph film or a television broadcast or an author of a computer
program or a work associated with a computer program may not prevent or
object to modifications that are absolutely necessary on technical
grounds. Should an author object compliance with a request to remove
the authors’ name from the work in accordance with 4.a above is sufficient
to respect the authors’ moral right.
5. Representations, Warranties and Disclaimer
THE LICENSOR
MAKES THE WORK AVAILABLE UNDER THE GOOD FAITH BELIEF THAT LICENCED USE OF THE
WORK DOES NOT VIOLATE THE COPYRIGHT OR WHERE APPROPRIATE PERFORMERS’ PROTECTION
RIGHTS OF OTHERS. UNLESS OTHERWISE
MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK ON THE BASIS OF A GOOD FAITH BELIEF THAT IT
DOES NOT VIOLATE THE RIGHTS OF OTHERS, AND MAKES NO OTHER REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, OR THE
PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE AND IF THE WORK INCLUDES SOFTWARE, WARRANTIES of FITNESS FOR A
PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, 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 LICENCE
OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
7. Termination
- This Licence and
the rights granted hereunder will terminate automatically upon any breach
by You of the terms of this Licence. Individuals
or entities who have received Derivative Works or Collective Works from
You under this Licence, however, will not have their licences terminated
provided such individuals or entities remain in full compliance with those
licences. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of
this Licence.
- Subject to the
above terms and conditions, the licence granted here is for the duration
of the applicable copyright in the Work. Notwithstanding the above,
Licensor reserves the right to release the Work under different licence
terms or to stop distributing the Work at any time; provided, however that
any such election will not serve to withdraw this Licence (or any other licence
that has been, or is required to be, granted under the terms of this Licence),
and this Licence will continue in full force and effect unless terminated
as stated above.
8. Miscellaneous
- Each time You distribute the Work or a Collective Work, the
Licensor offers to the recipient a licence to the Work on the same terms
and conditions as the licence granted to You under this Licence.
- Each time You distribute a Derivative Work, Licensor offers to
the recipient a licence to the original Work on the same terms and
conditions as the licence granted to You under this Licence.
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of this Licence is invalid or unenforceable under applicable law, it shall
not affect the validity or enforceability of the remainder of the terms of
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such provision shall be reformed to the minimum extent necessary to make
such provision valid and enforceable.
- No term or
provision of this Licence 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 Licence
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Work licenced here. There are no understandings,
agreements or representations with respect to the Work not specified here.
Licensor shall not be bound by any additional provisions that may appear
in any communication from You. This Licence may
not be modified without the mutual written agreement of the Licensor and
You.
- This
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Africa shall apply to the establishment, and interpretation of this
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Notwithstanding the foregoing two (2) sentences, if Creative Commons or
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