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Timestamp:
Aug 7, 2008, 12:09:34 AM (11 years ago)
Author:
Dominic Hargreaves
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hyphen

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  • trunk/npemap.org.uk/static/pddl.html

    r641 r642  
    1414<p>Copyright law, as with most other law under the banner of &#8220;intellectual property&#8221;, is inherently national law. This means that there exists several differences in how copyright and other IP rights can be relinquished, waived or licensed in the many legal jurisdictions of the world. This is despite much harmonisation of minimum levels of protection. The internet and other communication technologies span these many disparate legal jurisdictions and thus pose special difficulties for a document relinquishing and waiving intellectual property rights, including copyright and database rights, for use by the global community. Because of this feature of intellectual property law, this document first relinquishes the rights and waives the relevant rights and claims. It then goes on to license these same rights for jurisdictions or areas of law that may make it difficult to relinquish or waive rights or claims.</p>
    1515<p>The purpose of this document is to enable rightsholders to place their work into the public domain. Unlike licences for free and open source software, free cultural works, or open content licences, rightsholders will not be able to &#8220;dual license&#8221; their work by releasing the same work under different licences. This is because they have allowed anyone to use the work in whatever way they choose. Rightsholders therefore can&#8217;t re-license it under copyright or database rights on different terms because they have nothing left to license. Doing so creates truly accessible data to build rich applications and advance the progress of science and the arts.</p>
    16 <p>This document can cover either or both of the database and its contents (the data). Because databases can have a wide variety of content – not just factual data – rightsholders should use the Open Data Commons – Public Domain Dedication &amp; Licence for an entire database and its contents only if everything can be placed under the terms of this document. Because even factual data can sometimes have intellectual property rights, rightsholders should use this licence to cover both the database and its factual data when making material available under this document; even if it is likely that the data would not be covered by copyright or database rights.</p>
     16<p>This document can cover either or both of the database and its contents (the data). Because databases can have a wide variety of content - not just factual data - rightsholders should use the Open Data Commons - Public Domain Dedication &amp; Licence for an entire database and its contents only if everything can be placed under the terms of this document. Because even factual data can sometimes have intellectual property rights, rightsholders should use this licence to cover both the database and its factual data when making material available under this document; even if it is likely that the data would not be covered by copyright or database rights.</p>
    1717
    18 <p>Rightsholders can also use this document to cover any copyright or database rights claims over only a database, and leave the contents to be covered by other licences or documents. They can do this because this document refers to the &#8220;Work&#8221;, which can be either – or both – the database and its contents. As a result, rightsholders need to clearly state what they are dedicating under this document when they dedicate it.</p>
     18<p>Rightsholders can also use this document to cover any copyright or database rights claims over only a database, and leave the contents to be covered by other licences or documents. They can do this because this document refers to the &#8220;Work&#8221;, which can be either - or both - the database and its contents. As a result, rightsholders need to clearly state what they are dedicating under this document when they dedicate it.</p>
    1919<p>Just like any licence or other document dealing with intellectual property, rightsholders should be aware that one can only license what one owns. Please ensure that the rights have been cleared to make this material available under this document.</p>
    2020<p>This document permanently and irrevocably makes the Work available to the public for any use of any kind, and it should not be used unless the rightsholder is prepared for this to happen.<br />
     
    2323<p>The Rightsholder (the Person holding rights or claims over the Work) agrees as follows:</p>
    2424<p>1.0 <strong>Definitions of Capitalised Words</strong></p>
    25 <p>&#8220;<strong>Copyright</strong>&#8221; – Includes rights under copyright and under neighbouring rights and similarly related sets of rights under the law of the relevant jurisdiction under Section 6.4.</p>
     25<p>&#8220;<strong>Copyright</strong>&#8221; - Includes rights under copyright and under neighbouring rights and similarly related sets of rights under the law of the relevant jurisdiction under Section 6.4.</p>
    2626
    27 <p>&#8220;<strong>Data</strong>&#8221; – The contents of the Database, which includes the information, independent works, or other material collected into the Database offered under the terms of this Document.</p>
    28 <p>&#8220;<strong>Database</strong>&#8221; – A collection of Data arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this Document.</p>
    29 <p>&#8220;<strong>Database Right</strong>&#8221; – Means rights over Data resulting from the Chapter III (&#8221;sui generis&#8221;) rights in the Database Directive (Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases)  and any future updates as well as any similar rights available in the relevant jurisdiction under Section 6.4.</p>
    30 <p>&#8220;<strong>Document</strong>&#8221; – means this relinquishment and waiver of rights and claims and back up licence agreement.</p>
     27<p>&#8220;<strong>Data</strong>&#8221; - The contents of the Database, which includes the information, independent works, or other material collected into the Database offered under the terms of this Document.</p>
     28<p>&#8220;<strong>Database</strong>&#8221; - A collection of Data arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this Document.</p>
     29<p>&#8220;<strong>Database Right</strong>&#8221; - Means rights over Data resulting from the Chapter III (&#8221;sui generis&#8221;) rights in the Database Directive (Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases)  and any future updates as well as any similar rights available in the relevant jurisdiction under Section 6.4.</p>
     30<p>&#8220;<strong>Document</strong>&#8221; - means this relinquishment and waiver of rights and claims and back up licence agreement.</p>
    3131
    32 <p>&#8220;<strong>Person</strong>&#8221; – Means a natural or legal person or a body of persons corporate or incorporate.</p>
    33 <p>&#8220;<strong>Use</strong>&#8221; –  As a verb, means doing any act that is restricted by Copyright or Database Rights whether in the original medium or any other; and includes modifying the Work as may be technically necessary to use it in a different mode or format.  This includes the right to sublicense the Work.</p>
    34 <p>&#8220;<strong>Work</strong>&#8221; – Means either or both of the Database and Data offered under the terms of this Document.</p>
    35 <p>&#8220;<strong>You</strong>&#8221; – the Person acquiring rights under the licence elements of this Document.</p>
     32<p>&#8220;<strong>Person</strong>&#8221; - Means a natural or legal person or a body of persons corporate or incorporate.</p>
     33<p>&#8220;<strong>Use</strong>&#8221; -  As a verb, means doing any act that is restricted by Copyright or Database Rights whether in the original medium or any other; and includes modifying the Work as may be technically necessary to use it in a different mode or format.  This includes the right to sublicense the Work.</p>
     34<p>&#8220;<strong>Work</strong>&#8221; - Means either or both of the Database and Data offered under the terms of this Document.</p>
     35<p>&#8220;<strong>You</strong>&#8221; - the Person acquiring rights under the licence elements of this Document.</p>
    3636<p><strong>Words in the singular include the plural and vice versa.</strong></p>
    3737
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