forked from creativecommons/creativecommons.org
-
Notifications
You must be signed in to change notification settings - Fork 0
/
by-nc-nd_3.0_ca_en.html
398 lines (397 loc) · 21 KB
/
by-nc-nd_3.0_ca_en.html
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN"
"http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
<html xmlns="http://www.w3.org/1999/xhtml">
<head>
<title>
Creative Commons Legal Code
</title>
<meta http-equiv="content-type" content="text/html; charset=utf-8" />
<link rel="stylesheet" type="text/css" href=
"https://creativecommons.org/includes/deed3.css" media="screen" />
<link rel="stylesheet" type="text/css" href=
"https://creativecommons.org/includes/deed3-print.css" media="print" />
<!--[if lt IE 7]><link rel="stylesheet" type="text/css" href="https://creativecommons.org/includes/deed3-ie.css" media="screen" /><![endif]-->
<script type="text/javascript" src=
"https://creativecommons.org/includes/errata.js">
</script>
</head>
<body>
<p align="center" id="header">
<a href="https://creativecommons.org/">Creative Commons</a>
</p>
<div id="deed" class="yellow">
<div id="deed-head">
<div id="cc-logo">
<img src="https://creativecommons.org/images/deed/cc-logo.jpg" alt=
"" />
</div>
<h1>
<span>Creative Commons Legal Code</span>
</h1>
<div id="deed-license">
<h2>
Attribution-NonCommercial-NoDerivatives 3.0 Canada
</h2>
</div>
</div>
<div id="deed-main">
<div id="deed-main-content">
<img src="https://creativecommons.org/images/international/ca.png"
alt="" />
<blockquote>
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OR USE 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.
</blockquote>
<h3>
<em>Licence</em>
</h3>
<p>
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 AND/OR OTHER APPLICABLE LAW. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE IS PROHIBITED.
</p>
<p>
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND
AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. TO THE EXTENT THIS
LICENCE 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.
</p>
<p>
<strong>1. Definitions</strong>
</p>
<ol type="a">
<li>
<strong>"Adaptation"</strong> means a work based upon the Work,
or upon the Work and other preexisting works. Adaptations
include:
<ol type="i">
<li>Translations of the Work;
</li>
<li>Where the Work is a dramatic work: conversions of the Work
into a novel or other non-dramatic work;
</li>
<li>Where the Work is a novel or other non-dramatic work or an
artistic work: conversions of the Work into a dramatic work by
way of performance in public or otherwise;
</li>
<li>Where the Work is a literary or dramatic or musical work: a
sound recording, cinematograph film or other mechanical
contrivance by means of which the Work may be mechanically
reproduced or performed; and
</li>
<li>Where the Work is a literary or dramatic or musical or
artistic work: reproductions, adaptations or public
presentations of the Work as a cinematographic work.
</li>
</ol>A work that constitutes a Collective Work will not be considered an Adaptation for the purpose of this Licence. Where the Work is a musical composition or sound recording, the synchronization of the Work in time-relation with a moving image (i.e. cinematographic work “synching”) will be treated as an Adaptation for the purposes of this Licence.
</li>
<li>
<strong>"Author"</strong> has the same meaning determined by
applicable law. For example, the Author is (i) the individuals or
entities who created a literary or artistic work or, if no
individual or entity can be identified, the publisher; (ii) the
individuals who perform a performance; (iii) the producer who
first fixes the sounds of a performance in an audio recording;
or, (iv) the organization that transmits a broadcast.
</li>
<li>
<strong>"Collective Work"</strong> means (i) an encyclopaedia,
dictionary, year book or similar work; (ii) a newspaper, review,
magazine or similar periodical; and (iii) any work written in
distinct parts by different authors, or in which works or parts
of works of different authors are incorporated. A work that
constitutes a Collective Work will not be considered an
Adaptation (as defined above) for the purposes of this Licence.
</li>
<li>
<strong>"Licence Elements"</strong> means the following high-
level Licence attributes as selected by Licensor and indicated in
the title of this Licence: Attribution, NonCommercial,
NoDerivatives.
</li>
<li>
<strong>"Licensor"</strong> means the individual, individuals,
entity or entities that offer(s) the Work under the terms of this
Licence.
</li>
<li>
<strong>"Musical Work"</strong> means any work of music or
musical composition, with or without words, and includes any
compilation thereof.
</li>
<li>
<strong>"Work"</strong> means the work of authorship offered
under the terms of this Licence.
</li>
<li>
<strong>"You"</strong> means an individual or entity exercising
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.
</li>
</ol>
<p>
<strong>2. Fair Dealing Rights:</strong> Nothing in this Licence is
intended to reduce, limit, or restrict any rights accruing to fair
dealing and those exemptions afforded to individuals, educational
institutions, libraries, archives, museums, computer programs,
incidental inclusions and ephemeral recordings, or other
limitations on the exclusive rights of the copyright owner under
the Copyright Act.
</p>
<p>
<strong>3. Licence Grant:</strong> Subject to the terms and
conditions of this Licence, Licensor hereby grants You a worldwide,
royalty- free, non-exclusive, perpetual (for the duration of the
applicable copyright) Licence to exercise the rights in the Work as
stated below:
</p>
<ol type="a">
<li>to reproduce the Work, to incorporate the Work into one or more
Collective Works, and to reproduce the Work as incorporated in the
Collective Works;
</li>
<li>to distribute and publicly perform the Work including as
incorporated in Collective Works; and,
</li>
</ol>
<p>
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(b) and 4(d).
</p>
<p>
<strong>4. Restrictions:</strong> The licence granted in Section 3
above is expressly made subject to and limited by the following
restrictions:
</p>
<ol type="a">
<li>You may distribute or publicly perform the Work only under the
terms of this Licence. You must include a copy of, or the Uniform
Resource Identifier (URI) for, this Licence 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
Licence or the ability of the recipient of the Work to exercise the
rights granted to that recipient under the terms of the Licence.
You may not sublicense the Work. You must keep intact all notices
that refer to this Licence 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
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 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(c), as requested.
</li>
<li>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.
</li>
<li>If You distribute, or publicly perform the Work or any
Collective Works, 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 Author (or pseudonym, if applicable) if supplied,
and/or if the Author and/or Licensor designates 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; and (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. The credit required by this Section 4(c) may be
implemented in any reasonable manner; provided, however, that in
the case of aCollective Work, at a minimum such credit will appear,
if a credit for all contributing authors of the 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 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
Author, Licensor and/or Attribution Parties.
</li>
<li>
<p>
For the avoidance of doubt, where the Work is a musical
composition, performer's performance or sound recording:
</p>
<ol type="i">
<li>
<strong>Performance Royalties Under Blanket
Licences:</strong> Licensor reserves the exclusive right to
collect, whether individually or via a performance rights
society, royalties for the public performance or public
digital performance (e.g. webcast) of the musical Work, sound
recording or performer's performance where applicable under
Canadian law.
</li>
<li>
<strong>Mechanical Rights in Musical Works:</strong> Licensor
reserves the exclusive right to collect, whether individually
or via a music rights agency, collective society, or
designated agent, royalties for any sound recording You
create from the musical Work ("cover version") where
applicable under Canadian law.
</li>
</ol>
</li>
</ol>
<p>
<strong>5. Representations, Warranties and Disclaimer</strong>
</p>
<p>
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING,
LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, MERCHANTIBILITY, 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 SUCH EXCLUSION MAY NOT APPLY TO YOU.
</p>
<p>
<strong>6. Limitation on Liability</strong>
</p>
<p>
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR
DAMAGES ARISING FROM LIABILITY TO A THIRD PARTY RESULTING FROM
BREACH OF THE WARRANTIES IN SECTION 5, IN NO EVENT WILL LICENSOR BE
LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
LICENCE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
</p>
<p>
<strong>7. Termination</strong>
</p>
<ol type="a">
<li>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 Adaptations 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, 5, 6, 7, and 8
will survive any termination of this Licence.
</li>
<li>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.
</li>
</ol>
<p>
<strong>8. Miscellaneous</strong>
</p>
<ol type="a">
<li>Each time You distribute or publicly perform the Work or a
Collective Work, the Licensor offers to the recipient a licence to
the Work on the same terms and conditions as the licence granted to
You under this Licence.
</li>
<li>If any provision of this Licence is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this Licence, 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.
</li>
<li>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.
</li>
<li>This Licence 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 Licence may not be modified without the mutual written
agreement of the Licensor and You.
</li>
<li>You must abide the Licence during its term despite the expiry,
initial invalidity or later invalidation of any intellectual
property rights.
</li>
<li>The construction, validity and performance of this Licence
shall be governed by the laws in force in Canada and, where
applicable, those of the province in which the Licensor normally
resides.
</li>
</ol><!-- BREAKOUT FOR CC NOTICE. NOT A PART OF THE LICENCE -->
<blockquote>
<h3>
Creative Commons Notice
</h3>
<p>
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.
</p>
<p>
Except for the limited purpose of indicating to the public that
the Work is licensed under this Licence, Creative Commons does
not authorize the use by either party of the trade-mark "Creative
Commons" or any related trade-mark 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 trade-mark 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 trade-mark restriction
does not form part of the Licence.
</p>
<p>
Creative Commons may be contacted at <a href=
"https://creativecommons.org/">https://creativecommons.org/</a>.
</p>
<p>
Creative Commons Canada may be contacted at <a href=
"http://creativecommons.ca/">http://creativecommons.ca/</a>.
</p>
</blockquote>
</div>
</div>
<div id="deed-foot">
<p id="footer">
<a href="./">« Back to Commons Deed</a>
</p>
</div>
</div>
</body>
</html>