301 lines
15 KiB
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301 lines
15 KiB
Text
Open Data Commons - Public Domain Dedication & License (PDDL)
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Preamble
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The Open Data Commons - Public Domain Dedication & Licence is a document intended
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to allow you to freely share, modify, and use this work for any purpose and
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without any restrictions. This licence is intended for use on databases or
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their contents ("data"), either together or individually.
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Many databases are covered by copyright. Some jurisdictions, mainly in Europe,
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have specific special rights that cover databases called the "sui generis"
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database right. Both of these sets of rights, as well as other legal rights
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used to protect databases and data, can create uncertainty or practical difficulty
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for those wishing to share databases and their underlying data but retain
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a limited amount of rights under a "some rights reserved" approach to licensing
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as outlined in the Science Commons Protocol for Implementing Open Access Data.
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As a result, this waiver and licence tries to the fullest extent possible
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to eliminate or fully license any rights that cover this database and data.
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Any Community Norms or similar statements of use of the database or data do
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not form a part of this document, and do not act as a contract for access
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or other terms of use for the database or data.
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The position of the recipient of the work
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Because this document places the database and its contents in or as close
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as possible within the public domain, there are no restrictions or requirements
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placed on the recipient by this document. Recipients may use this work commercially,
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use technical protection measures, combine this data or database with other
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databases or data, and share their changes and additions or keep them secret.
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It is not a requirement that recipients provide further users with a copy
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of this licence or attribute the original creator of the data or database
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as a source. The goal is to eliminate restrictions held by the original creator
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of the data and database on the use of it by others.
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The position of the dedicator of the work
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Copyright law, as with most other law under the banner of "intellectual property",
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is inherently national law. This means that there exists several differences
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in how copyright and other IP rights can be relinquished, waived or licensed
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in the many legal jurisdictions of the world. This is despite much harmonisation
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of minimum levels of protection. The internet and other communication technologies
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span these many disparate legal jurisdictions and thus pose special difficulties
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for a document relinquishing and waiving intellectual property rights, including
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copyright and database rights, for use by the global community. Because of
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this feature of intellectual property law, this document first relinquishes
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the rights and waives the relevant rights and claims. It then goes on to license
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these same rights for jurisdictions or areas of law that may make it difficult
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to relinquish or waive rights or claims.
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The purpose of this document is to enable rightsholders to place their work
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into the public domain. Unlike licences for free and open source software,
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free cultural works, or open content licences, rightsholders will not be able
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to "dual license" their work by releasing the same work under different licences.
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This is because they have allowed anyone to use the work in whatever way they
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choose. Rightsholders therefore can't re-license it under copyright or database
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rights on different terms because they have nothing left to license. Doing
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so creates truly accessible data to build rich applications and advance the
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progress of science and the arts.
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This document can cover either or both of the database and its contents (the
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data). Because databases can have a wide variety of content - not just factual
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data - rightsholders should use the Open Data Commons - Public Domain Dedication
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& Licence for an entire database and its contents only if everything can be
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placed under the terms of this document. Because even factual data can sometimes
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have intellectual property rights, rightsholders should use this licence to
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cover both the database and its factual data when making material available
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under this document; even if it is likely that the data would not be covered
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by copyright or database rights.
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Rightsholders can also use this document to cover any copyright or database
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rights claims over only a database, and leave the contents to be covered by
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other licences or documents. They can do this because this document refers
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to the "Work", which can be either - or both - the database and its contents.
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As a result, rightsholders need to clearly state what they are dedicating
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under this document when they dedicate it.
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Just like any licence or other document dealing with intellectual property,
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rightsholders should be aware that one can only license what one owns. Please
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ensure that the rights have been cleared to make this material available under
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this document.
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This document permanently and irrevocably makes the Work available to the
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public for any use of any kind, and it should not be used unless the rightsholder
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is prepared for this to happen.
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Part I: Introduction
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The Rightsholder (the Person holding rights or claims over the Work) agrees
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as follows:
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1.0 Definitions of Capitalised Words
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"Copyright" - Includes rights under copyright and under neighbouring rights
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and similarly related sets of rights under the law of the relevant jurisdiction
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under Section 6.4.
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"Data" - The contents of the Database, which includes the information, independent
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works, or other material collected into the Database offered under the terms
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of this Document.
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"Database" - A collection of Data arranged in a systematic or methodical way
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and individually accessible by electronic or other means offered under the
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terms of this Document.
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"Database Right" - Means rights over Data resulting from the Chapter III ("sui
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generis") rights in the Database Directive (Directive 96/9/EC of the European
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Parliament and of the Council of 11 March 1996 on the legal protection of
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databases) and any future updates as well as any similar rights available
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in the relevant jurisdiction under Section 6.4.
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"Document" - means this relinquishment and waiver of rights and claims and
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back up licence agreement.
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"Person" - Means a natural or legal person or a body of persons corporate
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or incorporate.
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"Use" - As a verb, means doing any act that is restricted by Copyright or
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Database Rights whether in the original medium or any other; and includes
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modifying the Work as may be technically necessary to use it in a different
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mode or format. This includes the right to sublicense the Work.
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"Work" - Means either or both of the Database and Data offered under the terms
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of this Document.
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"You" - the Person acquiring rights under the licence elements of this Document.
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Words in the singular include the plural and vice versa.
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2.0 What this document covers
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2.1. Legal effect of this Document. This Document is:
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a. A dedication to the public domain and waiver of Copyright and Database
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Rights over the Work; and
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b. A licence of Copyright and Database Rights over the Work in jurisdictions
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that do not allow for relinquishment or waiver.
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2.2. Legal rights covered.
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a. Copyright. Any copyright or neighbouring rights in the Work. Copyright
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law varies between jurisdictions, but is likely to cover: the Database model
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or schema, which is the structure, arrangement, and organisation of the Database,
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and can also include the Database tables and table indexes; the data entry
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and output sheets; and the Field names of Data stored in the Database. Copyright
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may also cover the Data depending on the jurisdiction and type of Data; and
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b. Database Rights. Database Rights only extend to the extraction and re-utilisation
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of the whole or a substantial part of the Data. Database Rights can apply
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even when there is no copyright over the Database. Database Rights can also
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apply when the Data is removed from the Database and is selected and arranged
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in a way that would not infringe any applicable copyright.
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2.2 Rights not covered.
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a. This Document does not apply to computer programs used in the making or
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operation of the Database;
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b. This Document does not cover any patents over the Data or the Database.
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Please see Section 4.2 later in this Document for further details; and
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c. This Document does not cover any trade marks associated with the Database.
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Please see Section 4.3 later in this Document for further details.
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Users of this Database are cautioned that they may have to clear other rights
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or consult other licences.
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2.3 Facts are free. The Rightsholder takes the position that factual information
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is not covered by Copyright. This Document however covers the Work in jurisdictions
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that may protect the factual information in the Work by Copyright, and to
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cover any information protected by Copyright that is contained in the Work.
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Part II: Dedication to the public domain
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3.0 Dedication, waiver, and licence of Copyright and Database Rights
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3.1 Dedication of Copyright and Database Rights to the public domain. The
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Rightsholder by using this Document, dedicates the Work to the public domain
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for the benefit of the public and relinquishes all rights in Copyright and
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Database Rights over the Work.
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a. The Rightsholder realises that once these rights are relinquished, that
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the Rightsholder has no further rights in Copyright and Database Rights over
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the Work, and that the Work is free and open for others to Use.
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b. The Rightsholder intends for their relinquishment to cover all present
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and future rights in the Work under Copyright and Database Rights, whether
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they are vested or contingent rights, and that this relinquishment of rights
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covers all their heirs and successors.
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The above relinquishment of rights applies worldwide and includes media and
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formats now known or created in the future.
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3.2 Waiver of rights and claims in Copyright and Database Rights when Section
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3.1 dedication inapplicable. If the dedication in Section 3.1 does not apply
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in the relevant jurisdiction under Section 6.4, the Rightsholder waives any
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rights and claims that the Rightsholder may have or acquire in the future
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over the Work in:
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a. Copyright; and
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b. Database Rights.
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To the extent possible in the relevant jurisdiction, the above waiver of rights
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and claims applies worldwide and includes media and formats now known or created
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in the future. The Rightsholder agrees not to assert the above rights and
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waives the right to enforce them over the Work.
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3.3 Licence of Copyright and Database Rights when Sections 3.1 and 3.2 inapplicable.
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If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the
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relevant jurisdiction under Section 6.4, the Rightsholder and You agree as
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follows:
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a. The Licensor grants to You a worldwide, royalty-free, non-exclusive, licence
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to Use the Work for the duration of any applicable Copyright and Database
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Rights. These rights explicitly include commercial use, and do not exclude
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any field of endeavour. To the extent possible in the relevant jurisdiction,
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these rights may be exercised in all media and formats whether now known or
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created in the future.
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3.4 Moral rights. This section covers moral rights, including the right to
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be identified as the author of the Work or to object to treatment that would
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otherwise prejudice the author's honour and reputation, or any other derogatory
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treatment:
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a. For jurisdictions allowing waiver of moral rights, Licensor waives all
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moral rights that Licensor may have in the Work to the fullest extent possible
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by the law of the relevant jurisdiction under Section 6.4;
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b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction
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is not possible, Licensor agrees not to assert any moral rights over the Work
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and waives all claims in moral rights to the fullest extent possible by the
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law of the relevant jurisdiction under Section 6.4; and
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c. For jurisdictions not allowing waiver or an agreement not to assert moral
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rights under Section 3.4 a and b, the author may retain their moral rights
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over the copyrighted aspects of the Work.
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Please note that some jurisdictions do not allow for the waiver of moral rights,
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and so moral rights may still subsist over the work in some jurisdictions.
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4.0 Relationship to other rights
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4.1 No other contractual conditions. The Rightsholder makes this Work available
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to You without any other contractual obligations, either express or implied.
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Any Community Norms statement associated with the Work is not a contract and
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does not form part of this Document.
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4.2 Relationship to patents. This Document does not grant You a licence for
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any patents that the Rightsholder may own. Users of this Database are cautioned
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that they may have to clear other rights or consult other licences.
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4.3 Relationship to trade marks. This Document does not grant You a licence
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for any trade marks that the Rightsholder may own or that the Rightsholder
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may use to cover the Work. Users of this Database are cautioned that they
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may have to clear other rights or consult other licences.
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Part III: General provisions
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5.0 Warranties, disclaimer, and limitation of liability
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5.1 The Work is provided by the Rightsholder "as is" and without any warranty
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of any kind, either express or implied, whether of title, of accuracy or completeness,
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of the presence of absence of errors, of fitness for purpose, or otherwise.
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Some jurisdictions do not allow the exclusion of implied warranties, so this
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exclusion may not apply to You.
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5.2 Subject to any liability that may not be excluded or limited by law, the
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Rightsholder is not liable for, and expressly excludes, all liability for
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loss or damage however and whenever caused to anyone by any use under this
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Document, whether by You or by anyone else, and whether caused by any fault
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on the part of the Rightsholder or not. This exclusion of liability includes,
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but is not limited to, any special, incidental, consequential, punitive, or
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exemplary damages. This exclusion applies even if the Rightsholder has been
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advised of the possibility of such damages.
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5.3 If liability may not be excluded by law, it is limited to actual and direct
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financial loss to the extent it is caused by proved negligence on the part
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of the Rightsholder.
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6.0 General
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6.1 If any provision of this Document is held to be invalid or unenforceable,
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that must not affect the cvalidity or enforceability of the remainder of the
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terms of this Document.
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6.2 This Document is the entire agreement between the parties with respect
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to the Work covered here. It replaces any earlier understandings, agreements
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or representations with respect to the Work not specified here.
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6.3 This Document does not affect any rights that You or anyone else may independently
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have under any applicable law to make any use of this Work, including (for
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jurisdictions where this Document is a licence) fair dealing, fair use, database
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exceptions, or any other legally recognised limitation or exception to infringement
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of copyright or other applicable laws.
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6.4 This Document takes effect in the relevant jurisdiction in which the Document
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terms are sought to be enforced. If the rights waived or granted under applicable
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law in the relevant jurisdiction includes additional rights not waived or
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granted under this Document, these additional rights are included in this
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Document in order to meet the intent of this Document.
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