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{{divbox|blue|Unstable version|This is the openly editable version of the definition. Please try to find a consensus for any significant changes you make on the [[Talk:Definition/Unstable|discussion page]]. If you want to work on a substantially different derivative, you can try [[creating a fork]]. See [[authoring process]] for more information.}}
{{divbox|blue|Unstable version|This is the openly editable version of the definition. Please try to find a consensus for any significant changes you make on the [[Talk:Definition/Unstable|discussion page]]. If you want to work on a substantially different derivative, you can try [[creating a fork]]. See [[authoring process]] for more information.}}
== Preamble ==
Through global communication networks, hundreds of millions of human beings today have the ability to access, modify, author, publish and distribute artistic works, scientific and educational materials, commentary, reports, and documents; in short: anything that can be represented as a sequence of bits. In many cases, however, we find that traditional copyright laws, which provide authors and artists with decades of protection even beyond their death, can impede cultural and scientific progress.
This document provides a definition of "Free Cultural Works" [the Definition], which are roughly works or expressions that can be freely studied, applied, copied and modified, by anyone and for any purpose.  The Definition distinguishes between ''free works'' and ''[[licenses|free licenses]]'' which can be used to legally protect the status of a free work.  The definition itself is ''not'' a license; it is a tool to determine whether a work or license should be considered "free."  This document also describes restrictions that respect or protect the freedoms of Free Cultural Works.
Works built by communities collaborating as volunteers, art created for the purpose of shared enjoyment, essential learning materials, scientific research funded through taxpayer money, and many other works do not benefit from artificial scarcity. They benefit from being used freely. We therefore believe that these works should be free, and by "freedom" we mean:
* the freedom to study the work and to apply knowledge acquired from it
* the freedom to redistribute copies, in whole or in part, of the information or expression
* the freedom to make improvements or other changes, and to release modified copies
These freedoms should be universally available to absolutely anyone, anywhere. To the extent possible, they should not be restricted by the context in which the work is used.
== Free Culture Licenses ==
It is important that any work that claims to be free provides, practically and without any risk, the aforementioned freedoms.
Any original work of authorship is copyrighted. Under copyright law, authors are considered God-like "creators" and are given legal powers they can use against those who duplicate "their" content in altered or unaltered form. Only very limited freedoms are granted to others unless authors choose to explicitly relinquish some or all of these powers. To do so, authors can explicitly release their work into the public domain (no copyright)<sup>[[#Notes|1]]</sup>, or can choose among a vast array of legal documents known as ''[[w:license|licenses]]'' to grant, retain or qualify their exclusive rights.
All new works are automatically covered by existing copyright laws which default to All Rights Reserved. All Rights Reserved considerably limit what others can and cannot do with the work. Authors can make their works free by choosing among a number of legal documents known as licenses which grant users the 4 freedoms listed above.
Not all licenses grant the freedoms enumerated above. For example, some popular licenses forbid the creation of derivative works, or the commercial use of a work. Some licenses are even more specific. They limit usage of the work to particular regions of the world, or to relative quantities of information.
Licenses are legal instruments through which the owner of certain legal rights may transfer these rights to third parties.  Free Culture Licenses do not take rights away — they specify freedoms that are not included in a default copyright license such as All Rights Reserved. When accepted, they never limit or reduce existing user rights and exemptions under copyright law. Because the grant  rights which are additional to the rights users have under copyright therefore users  are not required to accept the license unless they want to exercise those additional rights.
However, no work can be truly called "free" unless it can be freely shared, freely modified, freely aggregated, freely combined, and freely provided through any channel. Works under licenses that prohibit these essential freedoms stand seperate from the body of works that is not impeded by these restrictions. They are philosophically and legally incompatible with the licensing options used by the growing movement that refers to its works as "free content" or "free expression."
== Identifying Free Cultural Works ==
Any license which requires the term "free" to be significantly qualified ("it is free, but you cannot ..") can only mean "free" in the sense of "gratis, without cost". It can never mean that every essential freedom is present. It is the goal of this definition to precisely define the essential freedoms, and to provide guidelines by which existing licenses can be certified as meeting this definition.
This is the ''Definition of Free Cultural Works'', and when describing your work, we encourage you to make reference to this definition, as in, "This is a freely licensed work, as explained in the ''[ Definition of Free Cultural Works]''." If you do not like the term "Free Cultural Work," you can use the generic term "Free Content," or refer instead to one of the [[Existing Movements|existing movements]] that express similar freedoms in more specific contexts. We also encourage you to use the [[logos and buttons|Free Cultural Works logos and buttons]], which are in the public domain.
Please be advised that such identification does ''not'' actually confer the rights described in this definition; for your work to be actually free, it must use one of the Free Culture [[Licenses]] or be in the public domain, or equivalent of.
== Naming and versioning ==
Please don't use other terms to identify Cultural Works; terms which do not convey a clear definition of freedom; terms such as "Open Content" and "Open Access." These terms are often used to refer to content which is available under "less restrictive" terms than All Rights Reserved, or for works that are just "available on the Web", but they don't necessarily carry with them the freedoms referred to in this document.
You may refer to this definition as the "Free Content and Expression Definition" (its full name), the "Free Content Definition", or the "Free Expression Definition". Consequently, you may call a work covered by this definition "free content" or (a) "free expression" (the terms may or may not be capitalized). [[Which name should you use?]] summarizes some arguments for and against the two names and possible alternatives.
== Availability of legal instruments ==
''Can'' in ''anyone can use, study, copy, change and improve'' ([[Definition/Unstable#Summary|summary]]) means anyone can realistically make his case in court that such freedom was granted. It implies that where a work is made free by way of a free cultural license, the legal instrument, by which the copyright or other right owner grants the license, must also be available to anyone in the legal form that is legally binding in the relevant legal context. The legal instrument should not be jealously and secretly kept by the first licensee.
New versions of this definition shall be released as soon as a consensus (achieved directly or through a vote, as per the [[authoring process]]) has developed around suggested changes. Numbering shall be 0.x for initial draft releases, 1.x, 2.x .. for major releases, x.1, x.2 .. for minor releases. A minor release is made when the text is modified in ways which do not have an impact on the scope of existing or hypothetical licenses covered by this definition.
== Recommended and required criteria ==
This definition uses the terms ''may'', ''may not'' and ''must not'' in obvious ways to distinguish required and optional criteria for covered licenses. Importantly, it uses the term ''should'' where we recommend that licenses which do not meet the stated criteria should be amended. Later versions of this definition may make some of these criteria mandatory.
== Essential freedoms ==
In order to be recognized as "free" under this definition, a license must grant the following freedoms without limitation:
* '''The freedom to study and apply the information:''' The licensee must not be restricted by clauses which limit their right to examine, alter or apply the information. The license may not, for example, restrict "reverse engineering", and it may not limit the application of knowledge gained from the work in any way.
* '''The freedom to redistribute copies:''' Copies may be sold, swapped or given away for free, as part of a larger work, a collection, or independently. There must be no limit on the amount of information that can be copied. There must also not be any limit on who can copy the information or on where the information can be copied.
* '''The freedom to distribute modified versions:''' In order to give everyone the ability to improve upon a work, the license must not limit the freedom to distribute a modified version, as above, regardless of the intent and purpose of such modifications. However, some restrictions may be applied to protect these essential freedoms, as well as the requirement of attribution (see below).
== Allowed requirements and restrictions ==
There are certain restrictions on the use or interchange of works that we do not feel impede on the essential freedoms enumerated above. These are described below.
=== Attribution ===
Attribution protects the integrity of an original work, and provides credit and recognition for authors. A license may therefore require attribution of the author or authors, provided such attribution does not impede normal use of the work. For example, it would not be acceptable for the license to require a significantly more cumbersome method of attribution when a modified version of the licensed text is distributed.
=== Protection of freedoms ===
The license ''may'' include clauses that strive to protect the [[#Essential freedoms|essential freedoms]] of the work, such as:
* '''transparent copies:''' a clause requiring all copies of the work to be in a transparent file format (documented and not encumbered by patents) which allows the work to be freely used in perpetuity
* '''copyleft or "share-alike":''' a clause requiring that derivative works are entirely made available under a license which meets this definition
* '''free from technical restrictions:''' a clause prohibiting the use of technical measures designed to prevent individuals to whom the work is distributed from exercising any of the freedoms described above
The license ''may not'' include clauses that strive to limit the [[#Essential freedoms|essential freedoms]] of the work, such as:
* '''usage restrictions''': the license must not limit the licensee's actions beyond those which may have a plausible and direct impact on the essential freedoms of the work or its derivatives. Explicitly, it ''must not'' limit commercial use of the work.
== Recommendations ==
Authors of licenses ''should'' make an effort to gradually make licenses which share the same philosophical roots and legal principles compatible with each other to ensure that works under these licenses can be combined and aggregated freely. This may be accomplished by altering the terms of the license (e.g. by removing a restriction which the other license does not have), or by adding migration clauses which allow the use of the licensed work under the now compatible license.
When making copies of a work, the licensee ''should'' be allowed to refer to a resource pointer instead of being required to distribute the license text itself with each copy of the work. Similarly, the license ''should'' allow the author or authors to specify a resource pointer for the attribution of multiple authors of a work. This is to ensure that the attribution requirement for complex collaborative works does not become an impediment.
== Further reading ==
== Further reading ==
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* See [[History]] for acknowledgments and background on this definition.
* See [[History]] for acknowledgments and background on this definition.
* See the [[FAQ]] for some questions and answers.
* See the [[FAQ]] for some questions and answers.
* See [[Portal:Index]] for topic-specific pages about free content and free expressions.
* See [[Portal:Index]] for topic-specific pages about free cultural works.
* See [ Libre Communities] and [ Wikipedia on Free/Libre Knowledge]
== Notes ==
* See [ The Four Kinds of Freedom of Free Knowledge]
# Under some jurisdictions, notably some European countries, authors have inalienable [[w:moral rights|moral rights]] and cannot completely release their works into the [[w:public domain|public domain]]. If you believe that you have a right to put your own works in the public domain, regardless of what the law says, you can make a declaration of public domain status which contains a safeguard clause, such as: "I, the author of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law."

Please note that all contributions to Definition of Free Cultural Works are considered to be released under the Attribution 2.5 (see Definition of Free Cultural Works:Copyrights for details). If you do not want your writing to be edited mercilessly and redistributed at will, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource. Do not submit copyrighted work without permission!

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