3.0/BY-NC-SA/Draft

The public discussion is an open forum where everyone – from lawyers to active license users, from linguists to translators — is invited to contribute.

The BY-NC-SA 3.0 license draft adapted to Ireland law is ready for public discussion. The English version of the BY-NC-SA license is available, as is a summary of the substantial changes proposed by the legal team to port the licenses to Irish copyright law.

If you have comments about the licenses, whether in regards to legal, linguistic or usability issues, please feel welcome to use the wiki's discussion page or the CC Ireland mailing list to share your thoughts.

License Draft for Download / Projecto de Licença para download

License Draft

Attribution - Non-Commercial - Share-Alike 3.0 Ireland

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE A SOLICITOR-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

Licence THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT, RELATED RIGHTS, DATABASE SUI GENERIS RIGHT, AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

This Licence enables You (all capitalised terms defined below) to view, edit, modify, translate and distribute Works worldwide, under the terms of this licence, provided that You credit the Original Author.

'The Licensor' (one or more natural or legal persons offering the Work under the terms and conditions of this Licence)

and

'You' (the Person acquiring 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.)

agree as follows:

1. Definitions


(a) "Collective Work" means the Work in its entirety in unmodified form along with one or more other separate and independent works, assembled into a collective whole.

(b) “Creative Commons Compatible Licence” means a licence that is listed at http://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this Licence, including, at a minimum, because that licence: (i) contains terms that have the same purpose, meaning and effect as the Licence Elements of this Licence; and, (ii) explicitly permits the relicensing of derivatives of works made available under that licence under this Licence or a Creative Commons jurisdiction licence with the same Licence Elements as this Licence.

[DRAFTING NOTE: Definition of "Creative Commons Compatible Licence": The definition will only be in the BY-SA licence ]

(c) "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however 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 composition 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.

(d) "Licence Elements" means the following high-level licence attributes indicated in the title of this Licence: Attribution, Non-Commercial, Share-Alike.

(e) "Original Author" means the natural or legal person or persons that created the Work.

(f) “Performance” means a performance of any actors, singers, musicians, dancers or other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary, dramatic, musical or artistic works or expressions of works of folklore, which is a live performance given by one or more individuals, and shall include a performance of a variety act or any similar presentation. A performance of a literary work includes a reading or recitation and a performance of a dramatic work includes a choreographic work or a work of mime. “Perform” shall be construed accordingly.

(g) "Work" means the work protected by copyright which is offered under the terms of this Licence. For the purposes of this Licence a Work shall also be taken to mean a live Performance or a database insofar as these are protected under the applicable law within Your jurisdiction.

For the purpose of this Licence, when not inconsistent with the context, words in the singular number include the plural number.

2. Fair Dealing Rights

Nothing in this Licence is intended to reduce, limit, or restrict any uses or rights permitted under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.

3. Licence Grant

Subject to the terms and conditions of this Licence, the Licensor hereby grants to You a worldwide, royalty-free, perpetual, non-exclusive, Licence to exercise the rights in the Work as stated below for the duration of copyright, related right and/or database sui generis right in the Work.

(a) to reproduce the Work;

(b) to create one or more Derivative Works; provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked “The original work was translated from English to Spanish,” or a modification could indicate “The original work has been modified.”;

(c) to incorporate the Work into one or more Collective Works;

(d) to reproduce Derivative Works or the Work as incorporated in any Collective Work;

(e) to publish, distribute, archive, Perform or otherwise disseminate the Work, Derivative Works, or the Work as incorporated in any Collective Work to the public in any material form in any media whether now known or hereafter created.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 4(e) and section 6.

Where the licensor is the owner of the sui generis database rights under national law implementing Directive 96/9/EC on the legal protection of databases, the licensor waives these rights.

4. Restrictions

The Licence granted in section 3 above is expressly made subject and limited by the following restrictions:

(a) You may distribute or Perform the Work only under the terms of this Licence. You must make reference to this Licence (by Uniform Resource Identifier (URI), spoken word or as appropriate to the media used) on all copies of the Work and Collective Works published, distributed, Performed or otherwise disseminated or made available to the public by You. You may not offer or impose any terms on the use to be made of the Work, the Derivative Work or the Work as incorporated in a Collective Work that alter or restrict the terms of this Licence or the ability of a recipient of the Work to exercise the rights granted to the recipient under the terms of the Licence. You may not sublicense the Work. To the extent reasonably practicable, You must keep intact all notices that refer to this Licence and to the disclaimer of warranties, in particular the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work. When You distribute, publicly display, Perform, or digitally Perform the Work, You must not impose any technological measures on the Work or the Work as incorporated in a Collective Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the Licence. This section 4(a) 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 credit as required by Section 4(d), 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 credit as required by Section 4(d), as requested.

(b) You may Distribute or Perform a Derivative Work only under the terms of (i) this Licence; (ii) a later version of this Licence with the same Licence Elements as this Licence; (iii) either the Creative Commons Unported licence or a Creative Commons jurisdiction licence (either this or a later licence version) that contains the same Licence Elements as this Licence (e.g., Attribution-NonCommercial-ShareAlike 3.0 Unported) ("Applicable Licence"); (iv) a Creative Commons Compatible Licence.

[DRAFTING NOTE: Item (iv) will only appear in the BY-SA licence.]

If You license the Derivative Work under one of the licences mentioned in (iv), You must comply with the terms of that licence. If You license the Derivative Work under the terms of any of the licences mentioned in (i), (ii) or (iii) (the “Applicable Licence”), You must comply with the terms of the Applicable Licence and the following provisions: (I) You must include a copy of, or the URI for, the Applicable Licence with every copy of each Derivative Work You distribute, display or Perform; (II) You may not offer or impose any terms on the Derivative Work that restrict the terms of the Applicable Licence or the ability of the recipient of the Derivative Work to exercise the rights granted to that recipient under the terms of the Applicable Licence; (III) You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work as included in the Derivative Work You Distribute or Perform; (IV) When You Distribute or Perform the Derivative Work, You may not impose any effective technological measures on the Derivative Work that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to that recipient under the terms of the Applicable Licence. This Section 4(b) 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 the Applicable Licence.

(c) 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.

(d) If You Distribute, or Perform the Work or any Derivative Work or Collective Work, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilising: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, 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; and (iv), consistent with Section 3(b), 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"). The credit required by this Section 4(d) 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, if a credit for all contributing authors of the Derivative Work or Collective Work appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this Licence, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

(e) Moral rights remain unaffected to the extent they are recognised and not waivable by applicable law.

(f) For the avoidance of doubt: The restrictions mentioned above (4(a) to 4 (d)) do not apply to those parts of the work considered to fall within the definition of a "Work" under this licence exclusively because they meet the criteria of the sui generis database right under national law implementing Directive 96/9/EC on the legal protection of databases.

Additional Provisions for recipients making use of the Work

5. Further licence from the Licensor

Each time You publish, distribute, Perform or otherwise disseminate the Work, Collective Work, or a Derivative Work, the Licensor offers to the relevant recipient a licence to use the Work (or the original Work in case of a Derivative Work) on the same terms and conditions as the licence granted to You hereunder.

6. Reservation of Rights

[Drafting Note: In the licences which permit commercial use, we will include the following clause as a modification of clause 6: For the avoidance of doubt, the Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this Licence.]

The Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this Licence that is for a purpose or use which is otherwise than non-commercial as permitted under Section 4(c).

7. Warranties and Disclaimer

Except as required by law, the Work is licensed by the Licensor on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.

8. Limit of Liability

Subject to any liability which may not be excluded or limited by law the Licensor shall not be liable and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.

9. Termination

(a) 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, 7, 8, 9 and 10 will survive any termination of this Licence.

(b) Subject to the above terms and conditions, the licence granted here is perpetual (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.

10. General

10.1. The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.

10.2. This Licence constitutes the entire Licence Agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication in any form.

10.3. Except as otherwise agreed, this Licence shall be governed by the law of Ireland.

10.4. 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.


Creative Commons Notice

Creative Commons is not a party to this Licence, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this licence. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this Licence.

Creative Commons may be contacted at http://creativecommons.org/.


Substantial Changes

Creative Commons Irish Draft Version 3.0

Explanation of Substantive Legal Changes

Attribution – Non-Commercial – Share Alike 3.0

Note: The Copyright and Related Rights Act 2000 is available at http://www.bailii.org/ie/legis/num_act/2000/0028.html

See also:

Other Legislation is available at http://www.patentsoffice.ie/en/copyright_legislation.aspx

“DISTRIBUTION OF THIS LICENCE DOES NOT CREATE A SOLICITOR-CLIENT RELATIONSHIP.”

  • Under Irish law, there is no “attorney” and solicitor is the appropriate equivalent.


“THE WORK IS PROTECTED BY COPYRIGHT, RELATED RIGHTS, DATABASE SUI GENERIS RIGHT, AND/OR OTHER APPLICABLE LAW.”

  • Related rights such as performer’s rights are dealt with in the Copyright and Related Rights Act 2000.
  • The database sui generis right is also covered in the 2000 Act.


'The Licensor' (one or more natural or legal persons offering the Work under the terms and conditions of this Licence)

  • “Natural or legal persons” under Irish law includes individuals or entities.


1 (e) “Performance”: This definition comes from s.202 of the Copyright and Related Rights Act 2000.

1 (f) "Work" means the work protected by copyright which is offered under the terms of this Licence. For the purposes of this Licence a Work shall also be taken to mean a live performance or a database insofar as these are protected under the applicable law within Your jurisdiction.

  • Performer’s rights and the database sui generis right are dealt with in the Copyright and Related Rights Act 2000.


2. Fair Dealing Rights

  • For acts permitted in respect of copyright works (including fair dealing rights), see ss.49-106 of the Copyright and Related Rights Act 2000. Regarding performances, see ss.220-254.


3. License Grant

…for the duration of copyright, related right and/or database sui generis right …

  • This clarifies that the duration applies to copyright, related rights or database right.


4(a) You may distribute or perform the Work

  • The reference to “publicly perform” has been replaced by a reference to “perform”
  • [The same applies to other references to “perform” in the License. ]


4(g) Moral rights remain unaffected to the extent they are recognised and not waivable by applicable law.

  • Moral rights are covered by ss.107-119 and ss.309-319 of the Copyright and Related Rights Act 2000. In general, this license does not affect moral rights, and original authors may still retain moral rights regarding the Work.
  • Moral rights may be waived under Irish law, and therefore certain aspects of the Irish licence may constitute a partial waiver of moral rights, e.g. allowing Derivative Works.
  • Clause 4(f) will apply if the License is being interpreted in a jurisdiction which does not allow any waiver of moral rights.


6 Reservation of Rights

[Drafting Note: In the licenses which permit commercial use, we will include the following clause as a modification of clause 6: For the avoidance of doubt, the Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.]

  • Due to the licensing system in Ireland, this wording is appropriate for the collecting society language in the commercial licenses.


9 Termination

Natural or legal persons who have received Derivative Works or Collective Works from You under this Licence

  • Natural or legal persons covers individuals or entities

10.3. Except as otherwise agreed, this Licence shall be governed by the law of Ireland

  • Clarifies that the license is governed by Irish law unless otherwise agreed.
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  • This page was last modified on 1 March 2011, at 19:40.