Difference between revisions of "China Mainland/3.0/BY-NC-SA/Draft"
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Latest revision as of 06:25, 23 December 2010
English above, Chinese below.
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 Chinese law is ready for public discussion. The Chinese and English versions of the BY-NC-SA license are available, as is a summary of the substantial changes proposed by the legal team to port the licenses to China Mainland copyright law.
If you have comments about the license draft, whether in regards to legal, linguistic or usability issues, please feel welcome to use the wiki's discussion page or the CC China Mainland mailing list to share your thoughts.
公众讨论是一个开放的论坛，在这里我们邀请每个人 -从律师到许可协议的活跃用户，从语言学者到翻译- 来贡献一份力量。
Links to relevant laws in China Mainland / 中国大陆有关法律的链接
License Draft for Download / 许可协议草案下载
- Ported China Mainalnd BY-NC-SA License (Chinese)
- Ported China Mainland BY-NC-SA Re-translation (English) with Summary of Substantial Changes
License Draft / 许可证草案
|Ported China Mainland BY-NC-SA License (Chinese)||Ported China Mainland BY-NC-SA Re-translation (English)||Summary of Substantial Changes|
|署名-非商业性使用-相同方式共享 3.0中国大陆||Attribution-NonCommercial-ShareAlike 3.0||NA|
|知识共享组织(Creative Commons Corporation)不是一家律师事务所也不对外提供法律服务。提供本许可协议文本并不导致 “律师—当事人” 关系的建立。知识共享组织按其现状(As Is) 提供这些信息。知识共享组织对于所提供的信息不提供任何担保，也不对因使用该信息而造成的损失承担损害赔偿责任。||CREATIVE COMMONS ORGANIZATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON A "STATUS QUO (AS-IS)" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED HEREIN, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.||“Corporation” is replaced with “organization.” In Chinese “corporation” typically refers to for profit firms while “organization” has a broader definition, including both for profit and non-profit organizations.
“As-is”: “As is” is a contract concept deriving from common law. There is no equivalent term in Chinese law. The common practice is to use the Chinese phrase “status quo” followed by “As is” in English. “HEREIN” is added to make the meaning more accurate.
本作品（定义如下）的提供是以适用知识共享组织的公共许可（ 简称“CCPL” 或 “许可”） 条款为前提的。本作品受著作权法以及其他相关法律的保护。对本作品的使用不得超越本许可协议授权的范围。
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE 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 LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
|“In consideration of”: Consideration is a common law concept and there is no corresponding term in Chinese contract law. The phrase “under the condition” does not imply any exchange, which is at the center of “consideration,” nevertheless, it clearly conveys the message that only when the licensee accepts the terms and conditions of the license can he enjoy the rights granted by the license.|
a. "Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Compilation will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License. For the purposes of this License, this License will be applicable to a work based upon performances, phonograms and broadcasts.
|(3.0 edit) “performance or phonogram” is omitted, and “For purposes of this License, this License will be applicable to a work based upon performances, phonograms and broadcasts’” is added. Pursuant to the Copyright Law of the PRC a performance, phonogram or broadcast is not treated as a type of Work but the subject matter of Neighboring Rights, and therefore it can not be treated as the basis of an Adaptation.
|b. “汇编作品”是指由于对内容的选择和编排而构成智力创作的文学、艺术或科学作品的集合，其中本作品以完整且未经修改的形式和另外一部或多部作品组成集合的整体，而各组成作品本身是分开且独立的，例如百科全书、文选、数据汇编作品，以及本条第g款所列作品之外的作品或者标的。在本许可定义之下构成汇编作品的作品不视为演绎作品（定义如上）。||b. "Compilation" means a collection of literary or artistic works, such as encyclopedias and anthologies, a copyrightable compilation of data, or other works or subject matter other than works listed in Section 1(g) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Compilation will not be considered an Adaptation (as defined above) for the purposes of this License.||“Collection” is replaced with “Compilation”. There is no separate term as “Collection” for periodical issue, anthology or encyclopedia under the Copyright Law of the PRC. According to Article 14 of the Copyright Law of the PRC, the term “compilation” is used to both express what the term “collection” covers and what the term “compilation” covers under the U.S. Copyright Act.
(3.0 edit) “a copyrightable compilation of data” is incorporated into the scope of Compilation. China Mainland does not have any sui generis database rights and a copyrightable compilation of data falls under the category of compilation, rather than work.
|c. “发行”指以出售或者其他权利移转方式向公众提供本作品或者演绎作品的原件或者复 制件。||c. "Distribute" means to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale or other transfer of ownership.||NA|
|d. “许可人”指根据本许可提供本作品的自然人、法人或者其他组织。||d. "License Elements" means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.||NA|
|e. “授权要素”是指许可人所选择的、并标示在本许可文本标题中的下列基本属性：署名，非商业性使用和相同方式共享。||e. "Licensor" means the natural person(s), legal person(s) or other organization(s) that offer(s) the Work under the terms of this License.||“individual or, individuals, entity or entities” is replaced with “natural person(s), legal person(s) or other organization(s)” according to the wording used by the General Principles of the Civil Law of the PRC and Article 11 of the Copyright Law of the PRC.|
|f. “原始作者”指创作本作品的自然人或依法视为本作品作者的法人或其他组织。为本许可之目的，下述情形下的自然人、法人或其他组织适用本许可有关“原始作者”的规定：（i）就表演而言，指演员、歌手、音乐人、舞蹈者和表演、演唱、演说、朗诵、演奏、表现或者以其它方式表演文学或艺术作品或民间文学艺术作品的人员；（ii）就录音制品而言，指首次将表演的声音或其他声音录制下来的自然人、法人或其他组织；（iii）就广播电视节目而言，指传播广播电视节目的组织。||f. "Original Author" means, in the case of a literary or artistic work, the natural person(s), legal person(s) or other organization(s) who created the Work, or the legal person or other organization who is legally granted the authorship of the work; and in addition, for the purposes of this License, this License will be applicable to the following natural person(s), legal person(s) or other organizations: (i) in the case of a performance the actors, singers, musicians, dancers, and other persons, who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the natural person, legal person or other organization who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the legal person or other organization that transmits the broadcast.||The definition to “original author” is changed from “the individual or individuals, entity or entities” to the current one. Under the Copyright Law of the PRC, the authorship of natural person is based on his/her creation while the authorship of legal person or other organization is created by law. See Article 11 of the Copyright Law of the PRC.
“individual, individuals, entity or entities” is replaced with “natural person(s), legal person(s) or other organization(s)” according to the wording used by the General Principles of the Civil Law of the PRC and Article 11 of the Copyright Law of the PRC.
(3.0 edit) “or if no individual or entity can be identified, the publisher” is omitted. Under the Copyright Law of the PRC, even if no natural person, legal person or other organization is identified as the original author, the publisher will not be presumed as the original author.
(3.0 edit) “for the purposes of this License, this License will be applicable to the following natural person(s), legal person(s) or other organizations” is added because performers, phonogram producers or broadcasting organizations fall under the definition of neighboring right owner rather than author under the Copyright Law of the PRC.
|g. “本作品”指在本许可条款下提供的文学、艺术和科学作品，包括但不限于以任何方式和形式（包括以数字形式）表达之文学、艺术和科学领域的作品，例如：书籍、手册及其他著作；讲课、演讲、讲道及其他同类性质的作品；戏剧或音乐戏剧作品；舞蹈艺术作品及哑剧作品；配词或不配词的乐曲；电影作品或以类似摄制电影的方法创作的作品；图画、油画、建筑、雕塑、雕刻或版画；摄影作品以及以类似摄影的方法创作的作品；实用美术作品；插图、地图及与地理、地形、建筑或科学有关的设计图、草图及造型作品；以及法律、行政法规规定的其他类型的作品。表演、录音制品及广播电视节目不属于“本作品”的范畴，但为本许可之目的，对它们的许可适用本许可中有关本作品的规定。||g. "Work" means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science. For the purposes of this License, this License will be applicable to performances, phonograms and broadcasts.||(3.0 edit) “a performance; a broadcast; a phonogram;” is omitted because a performance or phonogram is not treated as a type of Work under the Copyright Law of the PRC. The creator of a performance, phonogram or broadcast is granted a Neighboring Right rather than copyright under Article 41 of the Copyright Law of the PRC.
(3.0 edit) “a compilation of data to the extent it is protected as a copyrightable work;” is deleted for the same reason as stated in Section 1 (a).
(3.0 edit) Pursuant to the Copyright Law of the PRC, “a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work” does not fall under the definition of “Work”, but “Performance”, which is legally regarded an object of Neighboring Rights.
(3.0 edit) “For the purposes of this License, this License will be applicable to performances, phonograms and broadcasts” is added at the end of “Work” in order to avoid narrowing down the applicable scope of CC license.
|h. “您”指以前就本作品没有违反过本许可条款，或曾违反过条款但已获得许可人明确同 意，依据本许可行使权利的自然人、法人或者其他组织。||h. "You" means a natural person, legal person or other organization exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.||NA|
|i. “公开传播”指公开朗诵本作品以及以任何方式或程序，包括以有线、无线的方式或通过信息网络公开传播本作品的公开朗诵；或向公众提供本作品，使公众可以在固定的时间和地点或者自己选定的时间和地点获得本作品；或以任何方式或程序公开表演本作品或向公众传播本作品的表演，包括通过信息网络传播本作品的表演；或以任何方式，包括符号、声音或图像，广播或转播、重播本作品。上述定义包括但不限于《中华人民共和国著作权法》规定的“展览”、“表演”、“放映”、“广播”或通过信息网络向公众传播等作品传播方式。||i. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performance; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images. The preceding definition includes without limitation, “publicly display”, “publicly perform”, “publicly present”, “publicly broadcast” and “publicly transmit via network”.||(3.0 edit) “The preceding definition includes without limitation, ‘publicly display’, ‘publicly perform’, ‘publicly present’, ‘publicly broadcast’ and ‘publicly transmit via network’” is added at the end in order to make "Publicly Perform" more clear and concrete under the Copyright Law of the PRC.|
|j. “著作人身权”指作者对其受著作权保护的作品所享有的发表权、署名权、修改权以及保护作品完整权。||j. “Moral rights” means the rights an original author has to make the final decision as to whether or not to publish and whether to require attribution, control alteration, or require maintaining the creative integrity of the original work.||“Moral Rights” is added to accommodate the provision of the license to the Chinese Copyright Law. Since the scope of Copyrights under Chinese Copyright Law include Moral Rights as well as Economic Rights.|
|k. “复制”指将作品制作一份或者多份，包括但不限于录音、录像、将作品固定于载体上或者复制固定后的作品，也包括以数字形式或其它电子媒介的形式存储受保护的表演或录音制品。||k. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.||NA|
|2、 合理使用。本许可无意削减、限制、或约束您基于著作权法或其他相关法律有关著作权保护的限制或例外的规定对本作品的合法使用。||2. Fair Use. Nothing in this License is intended to reduce, limit, or restrict any lawful uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.||“Fair Dealing Rights” is replaced with “Fair Use.” The word “rights” is omitted in translation because it is still under debate in China if “fair use” is a right for the user or a limitation on the rights that a copyright owner has. In Chinese legal instruments typically “fair use” is used instead of “fair use rights.”
“Lawful” is added prior to “use” to make the sentence more consistent and clear.
|3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or more Compilations, and to Reproduce the Work as incorporated in the Compilations;
b. to create and Reproduce Adaptations provided that any such Adaptation, 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 Distribute and Publicly Perform the Work including as incorporated in Compilations; and,
d. to Distribute and Publicly Perform Adaptations.
|以上权利可在任何现有的或者以后出现的并为可适用的法律认可的媒体和形式上行使。上述权利包括为在其他媒体和形式上行使权利而必须进行技术性修改的权利。许可人在此保留所有未明示授予的权利，包括但不限于由第4条第e款所规定的权利。||The above rights may be exercised in all media and formats whether now known or hereafter devised to the extent permitted by applicable law. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights described in Section 4(e).||“to the extent permitted by applicable law” is added at the end of the first sentence, following “whether now known or hereafter devised”. Under current Chinese law, the media and formats in which the rights may be exercised are specified. So “to the extent permitted by applicable law” is added as a caveat, so as not to narrow down the applicable scope of Chinese version of CC licenses.|
a. 只有在遵守本许可条款的情况下，您可发行、公开传播本作品。在您发行、公开传播本作品的每份复制件中，您必须附上一份本许可的复制件或本许可的网址（Uniform Resource Identifier）。
|4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Internet Address (Uniform Resource Identifier) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the 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 License. This Section 4(a) applies to the Work as incorporated in a Compilation, but this does not require the Compilation apart from the Work itself to be made subject to the terms of this License. If You create a Compilation, upon notice from any Licensor You must, to the extent practicable, remove from the Compilation any indication as required by Section 4(d), as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any indication as required by Section 4(d), as requested.
|“and limited by” is omitted because it is redundant with “subject to” when being translated into Chinese.
“Uniform Resource Identifier” is replaced with “Internet Address.” To avoid misunderstanding we also include the English term after the Chinese translation.
|b. 只有在遵守（i）本许可条款、(ii)或者与本许可条款具有相同授权要素的后续版本、(iii)或者与本许可条款具有相同授权要素的其他司法管辖区的知识共享许可协议或者其后续版本（例如， 署名-非商业性使用-相同方式共享 3.0 美国）（统称“所适用许可协议”）的情况下，您可发行、公开传播演绎作品。在您发行、公开传播的演绎作品的每份复制件中，您必须附上一份所适用许可协议的复制件或网址（Uniform Resource Identifier）。
|b. You may Distribute or Publicly Perform an Adaptation only under: (i) the terms of this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-NonCommercial-ShareAlike 3.0 US) ("Applicable License"). You must include a copy of, or the Internet Address, for Applicable License with every copy of each Adaptation You Distribute or Publicly Perform. You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License. You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Compilation, but this does not require the Compilation apart from the Adaptation itself to be made subject to the terms of the Applicable License.||NA|
|c. 您不得以任何形式行使以上第3条授予您的权利去谋取或因此获得商业利益或个人金钱报偿。但是，如交换过程中无任何金钱报偿，通过数字文件共享方式或其他方式用本作品去交换其他著作权作品将不被视为谋取或因此获得商业利益或个人金钱报偿。||c. You may not exercise any of the rights granted to You in Section 3 above in any manner to pursue, or as a result, to gain 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 pursuing, or as a result, gaining commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.||“That is primarily intended for or directed toward” is replaced with “to pursue or as a result to gain.” The English version covers both situations where Licensee subjectively intended to secure pecuniary profit from his exercise of the granted rights and where the exercise of the granted rights resulted in pecuniary advantage to the Licensee. The Chinese version adopts different terms to make it better fit in the Chinese context.|
|d. 在发行、公开传播本作品或任何演绎、汇编作品时，除非适用本条第a款之要求，您必须完整保留所有关于本作品的著作权声明，并以适合所使用的媒体或工具的形式提供下述信息：（i）在原始作者的姓名（或笔名）已被提供的情况下，给出该姓名（或笔名），和/或在原始作者和/或许可人以许可人的著作权声明、服务条款或其他合理的方式，指定可以在作品上署名的他方当事人的情况下，给出该他方当事人的名称（“署名方”）；（ii）在本作品标题已被提供的情况下，给出本作品的标题；（iii）并在合理可行的程度上，标明许可人指定需与本作品同时出现的网址，除非该网址没有涉及到本作品的著作权声明或者关于本作品的许可信息；（iv）若为演绎作品，则依第3条b款之要求，须指明演绎作品中使用的本作品的作者姓名和作品名称（例如，“某作者作品的法语译本”，或“基于某作者作品的电影剧本”）。本款（第4条d款）要求的对作者姓名和作品名称的指明可采取任何合理方式，但在演绎作品或汇编作品中，如果已经指明了演绎作品的作者或汇编作品的所有内含作品的作者，那么对本作品名称和作者姓名的指明须同时出现在任何其他作者姓名出现的地方，并至少与对其他作者的指明一样显著。为避免疑义，本款有关标示作者姓名和作品名称之规定，仅适用于前述署名的用途，未事先另行取得原始作者、许可人及（或）署名人的书面同意，您不得以明示或者默示的方式主张或暗示，您本人或您对作品的使用与原始作者、许可人及（或）署名人有关联或者已获得上述人士的赞助或者支持。||d. If You Distribute, or Publicly Perform the Work or any Adaptations or Compilations, 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 utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if the name of the Original Author is 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 the name of the Original Author is supplied; (iii) to the extent reasonably practicable, in the form of the Internet Address, if any, that Licensor specifies to be associated with the Work, unless such Internet Address does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of an Adaptation, an indication identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The indication required by this Section 4(d) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Compilation, at a minimum such indication will appear, if an indication for all contributing authors of the Adaptation or Compilation appears, then as part of these indications and in a manner at least as prominent as the indications for the other contributing authors. For the avoidance of doubt, You may only use the indication required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, 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.||“If supplied” is replaced with “if the name of the Original Author is supplied” to make it more clear in Chinese.
“Credit” is replaced with “indication.” “Uniform Resource Identifier” is replaced with “Internet Address” in order to conform with the Chinese expression. To avoid misunderstanding we also include the English term after the Chinese translation.
|e. 为避免疑义，若您行使本许可授予的权利时未遵守本许可第4条c款有关非商业性使用的规定，许可人保留向您收取本作品使用费的权利，许可人可以自行或者通过其所参加的著作权集体管理组织向您收取本作品的使用费。||e. For the avoidance of doubt: the Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of collective administration organization of copyright that administers voluntary licensing schemes, via that organization, from any exercise by You of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted under Section 4(c).||(3.0 edit) Pursuant to the Copyright Law of the PRC, China’s license schemes fall under the category of Voluntary License Schemes, rather than Non-waivable Compulsory Schemes or Waivable Compulsory Schemes. Therefore, provisions of Non-waivable Compulsory License Schemes and Waivable Compulsory License Schemes are completely deleted but only keep languages of the Voluntary License Schemes, which also have been adapted Chinese laws.
(3.0 edit) “a collecting society” is replaced with “collective administration organization of copyright” to make it clear under Chinese laws.
|f. 在您复制、发行或公开传播本作品或者包含本作品的演绎作品或汇编作品时，您不得歪曲、篡改或采取其他与本作品相关的侵害行为侵犯原始作者的著作人身权。||f. If You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Compilations, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's Moral Rights.||(3.0 edit) “honor and reputations” is replaced with “Moral Rights” to make this clear under Chinese laws.
(3.0 edit) “Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law” and the whole last sentence are deleted for reasons of being not applicable under the Copyright Law of the PRC.
|5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR OFFERS THE WORK STATUS QUO AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
|6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.||“Except to the extent required by applicable law”: Current Chinese contract law provides that three types of limitation on liability are void. “Article 53: The following clauses of limitation on liability in a contract shall be null and void:
1) those that cause personal injury to the other party;
2) those that cause property damages to the other party as a result of deliberate intent or gross negligence. Article 40: When standard terms are under the circumstances stipulated in Article 52 and Article 53 of this Law, or the party which supplies the standard terms exempts itself from its liabilities, weights the liabilities of the other party, and excludes the rights of the other party, the terms shall be null and void. “On any legal theory” is omitted.
“Special, incidental, consequential, punitive, or exemplary damages” is replaced with “direct, consequential, and punitive damages.” The incidental/consequential and punitive/exemplary differentiation is rooted in the common law tradition of contracts. Chinese contract law does not differentiate these concepts. Instead it adopts “direct, consequential, and punitive damages” to cover the same scope. The terms are therefore changed according to Chinese law.
a. 在您违反本许可任何条款时，本许可及其所授予的权利将自动终止。然而，根据本许可从您处获取演绎作品或汇编作品的自然人、法人或者其他组织，如果他们仍完全遵守相关条款，则他们的许可不会随之终止。即使本许可被终止，第1、2、5、6、7、8条仍然有效。 b. 在上述条款及条件的前提下，此处授予的许可在法定著作权保护期限内有效。即便如此，许可人保留依其他许可条款发行本作品及在任何时候停止发行本作品的权利；但是，许可人的上述权利不能被用于撤销本许可（或任何其他在本许可条款下授予的或必须授予的许可）的目的，除本条第a款指明的终止外，本许可将保持其完全效力。
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Natural persons, legal persons or other organizations who have received Adaptations or Compilations from You under this License, however, will not have their licenses terminated provided such natural persons, legal persons or other organizations remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will remain valid despite any termination of this License.
b. Subject to the above terms and conditions, the license 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 license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
|“Survive” is replaced with “remain valid” to follow the statutory language of Chinese contract law.|
a. 当您发行、公开传播本作品或汇编作品时，许可人给获得作品的第三方提供本作品的许可，其条款和条件与您所获得的许可相同。 b. 当您发行或公开传播演绎作品时，许可人给获得作品的第三方提供本作品的许可，其条款和条件与您所获得的许可相同。 c. 如因相关法律，本许可的某一条款无效或不能履行，本许可其余条款的有效性和可履行性不受影响。如本许可的当事人未采取进一步措施，此类无效条款应在最小的必要范围内修改以使其有效和可履行。 d. 除非当事人书面同意并签字放弃某条款和允许某违约行为，本许可的任何条款或规定都不应被视为已被放弃，或被视为允许此违约行为。 e. 本许可构成相关当事人与本授权作品相关的全部协议。除已在此处确认的之外，并不存在任何与本作品相关的谅解备忘录、协议或声明。许可人不受您提出的任何附加规定约束。未经许可人与您双方书面同意，本许可不得更改。
a. Each time You Distribute or Publicly Perform the Work or a Compilation, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License. b. Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License. c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. d. No term or provision of this License 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. e. This License constitutes the entire 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. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
|(3.0 edit) Since China is the member state of these international conventions and generally substantive provisions of these conventions have been assimilated into Chinese Copyright laws, there is no need to keep this paragraph.
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