Version 1.1 of the definition has been released. Please help updating it, contribute translations, and help us with the design of logos and buttons to identify free cultural works and licenses!

Difference between revisions of "Definition/Unstable"

From Definition of Free Cultural Works
Jump to navigation Jump to search
Line 66: Line 66:
 
== Availability of legal instruments ==
 
== 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.
 
''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.
 
== Further reading ==
 
 
* See [[Licenses]] for discussion of individual licenses, and whether they meet this definition or not.
 
* See [[History]] for acknowledgments and background on this definition.
 
* See the [[FAQ]] for some questions and answers.
 
* See [[Portal:Index]] for topic-specific pages about free cultural works.
 
* See [http://communities.libre.org/ Libre Communities] and [http://en.wikipedia.org/wiki/Libre_knowledge Wikipedia on Free/Libre Knowledge]
 
* See [http://ictlogy.net/?p=12#fourkinds The Four Kinds of Freedom of Free Knowledge]
 
  
 
== Versioning ==
 
== Versioning ==

Revision as of 09:27, 14 November 2014

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 discussion page. If you want to work on a substantially different derivative, you can try creating a fork. See authoring process for more information.

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 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.

Summary

Free Cultural Works are works which anyone can

  • Use
  • Study
  • Copy
  • Change and Improve
  • Sell

Free Culture Licenses are legal instruments by which copyright owners grant users these freedoms and make their works into Free Cultural Works.

In addition to the 5 freedoms listed above Free Cultural licenses may also include certain restrictions. These can include:

  • Attribution - acknowledge other authors
  • Share-alike or Copyleft- derived works must be licensed under the same or compatible license as the original
  • Protection of Freedoms - the license may require additional permissions or information is distributed with the works (such as source code, design drawings, musical scores, access codes) where these are needed to create new versions of the work.
  • Due Credit Give credit where credit is due. If it's not your work do not claim it as yours.

Preamble

Since the earliest humans appeared on planet earth they have drawn, painted, sang, carved, weaved, danced, recited, built, studied. These cultural works have been passed down from parent to child, from master to apprentice ever since, each taking the works of those that went before and passing it on to those who came after; each adding and improving and polishing and translating what they received so that human culture could grow and develop.

Since Science has been based on an explicit philosophy of sharing information, with all scientists expected to publish and any scientist free to repeat any experiment, we have seen an unprecedented explosion of scientific knowledge.

In recent years social and technological advances make it possible for a growing part of humanity to share cultural works that can be represented in digital form with other people they have never met in person. These works include artworks, scientific and educational materials, software, stories, audio and video recordings. Many communities have formed to exercise these new possibilities and create a wealth of collectively reusable works. As these collaboratively produced works grow in commercial value there is ever greater pressure to monetise these works, to erect toll gates so that the community who collaborated to create these works can be charged to access them.

At different time over the years Copyright and Patent legislation has been introduced as a way of restricting and taxing that free flow of information - as a way of rewarding particularly innovative new contributions or favoured supporters of the government of the time. These laws have been used to create the tollgates mentioned above.

Free Culture licenses have been created to provide a legal framework which reflects these collaborative working practices, providing a simple way for people to share with others the rights needed for such collaborations to happen, so that users can collaborate and work together to create and improve Free Culture Works and ensure that these works stay free.

Free Cultural Works

Free Cultural Works are works where

  • anyone, i.e. rich ', i.e. unlimited and irrevocable and forever.

has each of the following

The freedom to use and perform the work

to make any use, private or public, of the work. For works where it is freedom include all uses such as the work.

The freedom to study the work and apply the information

to work and to use the knowledge from the work They may ,, restrict "reverse engineering".

The freedom to redistribute copies

whether they are sold, swapped or given away for free, as part of a larger work, a collection, or independently. There must be the amount of information that can be copied. there be no limit on who can copy the information or on where the information can be copied. The license is"Commercial' exploitation of the work.

The freedom to distribute derivative works

Notincluding modified versions for physical works, a work somehow derived from the original regardless of the intent and purpose .

Free Culture Licenses

It is important that any work that claims to be free provides, practically and without any risk, the aforementioned freedoms.

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.

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.

Identifying Free Cultural Works

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 that express similar freedoms in more specific contexts. We also encourage you to use the 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.

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.

Availability of legal instruments

Can in anyone can use, study, copy, change and improve (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.

Versioning

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.