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Licenses

From Definition of Free Cultural Works

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Contents

[edit] Criteria for choosing a license

We explain hereafter some of the criteria which may influence your choice of a free content license. Those criteria are not inherently good or bad. The importance of each criteria depends on the context (for example the kind of work, or the kind of collaborative process you want to encourage), and on personal preferences.

This list is not meant to be exhaustive. Other aspects may be important, like the clarity of the wording of a license, or the philosophy which is defended by its authors, or whether the license is surrounded by an active community of authors.

Endly, we want to stress that, before choosing a license, you must read the license text carefully. No summary, no matter how attractive or reassuring, can replace detailed understanding of the license itself.

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[edit] Related rights

Related rights concern not the mere copying and modification of the work, but its use in a derived manner: for example, performing the work, displaying it in public or private, broadcasting, webcasting, etc. Related rights exist for various areas of creation (songs, theater...); they often belong to people other than the authors of the work, such as perfomers, producers of phonograms, etc.

Some free content licenses take care to also grant related rights to the recipient of the work. There may even be a copyleft provision which states that related works (interpretations, performances, recordings) must be released under the same license as the work.

[edit] Access control prohibition

Some licenses contain a clause, which forbids to control access to the licensed content. In some licenses this clause concerns only the licensee (licensor can use access control systems to forbid not granted rights).

[edit] Worldwide applicability

When distributing a free work over the world, it is important to understand how people from other countries will be able to reuse this work.

License writers have adopted three different strategies regarding the internationalization of their licenses:

  • same license for everyone: only the original license text (often in English) is given legal value, and translations may be provided purely for information purposes;
  • exact translations: translations of the original license text are provided, which all have legal value; those translations have exactly the same clauses and wording as the original text;
  • local adaptations: the license is rewritten according to each national legal system.

Attention: some licenses use a specific national law: so you cannot interpret the license through your national law, but through the law specified in the license. For example, Free Art License uses French law (you must pay attention to French law also if the license is written in English, German or other languages).

The two first schemes ensure that everyone is given the same rights. In the third scheme (local adaptations), similarity and equivalence of the different versions should be carefully examined.

According to advocates of the adaptation scheme, licenses must be rewritten in order to cope with the peculiarities of the various legal systems. This position is held by the Creative Commons organization.

According to opponents of the adaptation scheme, having different national versions of a license presents the risk to break trust and interoperability. Also, they stress that the Berne Convention for the Protection of Literary and Artistic Works provides a framework which, with careful drafting, allows to write internationally applicable license texts. This position is held by the Free Software Foundation and by the Free Art License authors.

[edit] List of licenses

[edit] Against DRM

[edit] BSD-like non-copyleft licenses

In parallel with the set of GNU licenses (including the GNU GPL), the free software world evolved a number of very simple non-copyleft licenses. These licenses are so simple that no dedicated text is needed to expose the terms of the license. To reuse such a license, you must take its text and replace the copyright notice with your own. Since these licenses are non-copyleft, changing the license text in such a way does not prevent reuse between works from happening.

Regardless of their wording, these licenses always grant the user very broad rights, including the right to modify and distribute without supplying any source code. Also, their concise wording makes them simple to understand and unambiguous as to their effects.

These licenses are often called "BSD-like" because the first occurence of such a license has been the license under which the Berkeley Software Distribution (one of the first free versions of Unix) was shipped to users.

One should distinguish the original BSD license with its controversial advertising clause from the revised BSD license that does not have the advertising clause.

[edit] FreeBSD Documentation License

Although especially written for the FreeBSD project, this license shows you how to draft a very simple non-copyleft license for documentation works.

[edit] MIT License

This license is arguably the simplest form of the BSD-like licenses for software. All the license, except for the no-warranty statement, is condensed in two short paragraphs.

There are variants, like the current BSD license which has an additional provision forbidding endorsement of derived works using the name of the original authors.

[edit] Creative Commons Attribution

  • Aliases: CC-BY
  • Current version: 3.0

[edit] Creative Commons Attribution ShareAlike

  • Aliases: CC-BY-SA
  • Current version: 3.0

[edit] Design Science License

[edit] Free Art License

[edit] GNU Free Document License

[edit] Invariant sections

Invariant sections are a special provision of the GFDL which, if used, prevent anyone from modifying the parts of the work which are defined as "invariant". The Free Software Foundation finds it useful to protect some special "non-functional" parts of the work, like a statement of intent (the motivation for invariant sections was, allegedly, to prevent the GNU Manifesto to be removed or modified in GNU documentations).

We believe, however, that freedom should apply to all kind of works, and that what is "functional" in one situation can be "artistic" in another - and vice-versa. Consequently, a work using invariant sections to forbid some kinds of modifications to the work cannot be considered completely free.

[edit] GNU General Public License

The GNU GPL is, according to various statistics, probably the most used free software license. It was also the first license to implement the concept of copyleft, guaranteeing that "GPL'ed" free software cannot become, or take part in, non-free software.

Although the GPL is primarily intended for software programs, it is worded so as to apply to many different kinds of works. The main condition for the GPL to be applicable to a type of work is that it admits the notion of a preferred form of a work for making modifications to it (be it source code in a computer language, music score notation, digital graphics under a format retaining structure, etc.). For example, there are many occurences of text or graphics released under the GPL.

[edit] Lizenz für Freie Inhalte

AFAIK only used by the german portal neppstar for free music and video. Anyway, it seems to be a valid free license.

[edit] Do What The Fuck You Want To Public License

This is a minimalistic, all-permissive, all-purpose license.

[edit] Commentary on non-free licenses

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