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From Definition of Free Cultural Works
Revision as of 21:14, 15 October 2011 by 171.226.171.169 (talk) (Undo revision 12156 by Mormegil (talk): I am trying to delist GFDL, GPL, LGPL, CC-BY-SA and other copyleft licenses)
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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

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 4 freedoms listed above Free Cultural licenses may also include certain restrictions. These can include:

  • Attribution - acknowledge other authors

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 or poor, socialist or fascist, man, woman or corporation;
  • anywhere, i.e. worldwide;
  • anytime, i.e. unlimited and irrevocable and forever.

has each of the following freedoms

The freedom to use and perform the work

to make any use, private or public, of the work. For kinds of works where it is relevant, this freedom should include all derived uses ("related rights") such as performing or interpreting the work. There must be no exception regarding, for example, political or religious or commercial considerations.

The freedom to study the work and apply the information

to examine the work and to use the knowledge gained from the work in any way. The license may not, for example, 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 no limit on the amount of information that can be copied. Neither may there be a limit on who can copy the information or on where the information can be copied. The license may not, for example, forbid "Commercial' exploitation of the work.

The freedom to distribute derivative works and license them freely

including modified versions (or, for physical works, a work somehow derived from the original), regardless of the intent and purpose of such modifications and the license the derivative works is distributed under.

Permissible restrictions

This is a certain requirement and restriction on the use or interchange of works that we feel do not impede the essential freedom in our definition. This restriction can therefore be included in Free Culture licenses. It is described below.

Attribution of authors

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.

In addition to the requirement for attribution the license may include restrictions to ensure the original author is not seen to be responsible for changes to the work made by others. This may include restrictions on the use of trademarks.

No other restrictions

Apart from this allowed restriction, the license must not include clauses that limit essential freedoms. See Permissible restrictions

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.

Further reading

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.