Wikiproofs:Copyrights

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Copyrights and licences
This page documents the conditions under which content from Wikiproofs can be reused and modified.

It is one of the goals of the Wikiproofs project to allow its users (or anyone else) to view, use, distribute, modify and exploit its contents for any purpose in any form with only such exceptions and limitations as to protect authors from warranty or liability claims, and to ensure the future freedom of the contents. The details are laid down below.

Textual content

All Wikiproofs editors agree to release their textual contributions, including JHilbert source code, under the Creative Commons Attribution-Share Alike 3.0 Unported licence. The only possible exceptions are the licence texts themselves and possibly other textual content which has to appear on Wikiproofs due to some legal requirement.

The Creative Commons licence allows users to copy, distribute, transmit and adapt the contents of Wikiproofs, provided they give proper citation and publish all Wikiproofs-derived work under a licence compatible with the Creative Commons licence. The actual legal licence text is as follows (cf. [1]):

License

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.

1. Definitions

   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 
Collection will not be considered an Adaptation for the purpose of this 
License. For the avoidance of doubt, where the Work is a musical work, 
performance or phonogram, the synchronization of the Work in 
timed-relation with a moving image ("synching") will be considered an 
Adaptation for the purpose of this License.
   b. "Collection" means a collection of literary or artistic works, 
such as encyclopedias and anthologies, or performances, phonograms or 
broadcasts, or other works or subject matter other than works listed in 
Section 1(f) 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 Collection will not be considered an Adaptation (as 
defined below) for the purposes of this License.
   c. "Creative Commons Compatible License" means a license that is 
listed at http://creativecommons.org/compatiblelicenses that has been 
approved by Creative Commons as being essentially equivalent to this 
License, including, at a minimum, because that license: (i) contains 
terms that have the same purpose, meaning and effect as the License 
Elements of this License; and, (ii) explicitly permits the relicensing 
of adaptations of works made available under that license under this 
License or a Creative Commons jurisdiction license with the same License
Elements as this License.
   d. "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.
   e. "License Elements" means the following high-level license 
attributes as selected by Licensor and indicated in the title of this 
License: Attribution, ShareAlike.
   f. "Licensor" means the individual, individuals, entity or entities 
that offer(s) the Work under the terms of this License.
   g. "Original Author" means, in the case of a literary or artistic 
work, the individual, individuals, entity or entities who created the 
Work or if no individual or entity can be identified, the publisher; and
in addition (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 person or legal entity who first fixes the sounds of a 
performance or other sounds; and, (iii) in the case of broadcasts, the 
organization that transmits the broadcast.
   h. "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; a performance; a broadcast; a phonogram; a 
compilation of data to the extent it is protected as a copyrightable 
work; or a work performed by a variety or circus performer to the extent
it is not otherwise considered a literary or artistic work.
   i. "You" means an individual or entity 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.
   j. "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 
performances; 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.
   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.

2. Fair Dealing Rights. Nothing in this License is intended to reduce, 
limit, or restrict any 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.

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 
Collections, and to Reproduce the Work as incorporated in the 
Collections;
   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 Collections; and,
   d. to Distribute and Publicly Perform Adaptations.
   e. For the avoidance of doubt:
         i. Non-waivable Compulsory License Schemes. In those 
jurisdictions in which the right to collect royalties through any 
statutory or compulsory licensing scheme cannot be waived, the Licensor 
reserves the exclusive right to collect such royalties for any exercise 
by You of the rights granted under this License;
        ii. Waivable Compulsory License Schemes. In those jurisdictions 
in which the right to collect royalties through any statutory or 
compulsory licensing scheme can be waived, the Licensor waives the 
exclusive right to collect such royalties for any exercise by You of the
rights granted under this License; and,
       iii. Voluntary License Schemes. 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.

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. Subject to Section 8(f), all rights not 
expressly granted by Licensor are hereby reserved.

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 Uniform 
Resource Identifier (URI) 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 Collection, but 
this does not require the Collection apart from the Work itself to be 
made subject to the terms of this License. If You create a Collection, 
upon notice from any Licensor You must, to the extent practicable, 
remove from the Collection any credit as required by Section 4(c), as 
requested. If You create an Adaptation, upon notice from any Licensor 
You must, to the extent practicable, remove from the Adaptation any 
credit as required by Section 4(c), as requested.
   b. You may Distribute or Publicly Perform an Adaptation only under 
the terms of: (i) 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-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible 
License. If you license the Adaptation under one of the licenses 
mentioned in (iv), you must comply with the terms of that license. If 
you license the Adaptation under the terms of any of the licenses 
mentioned in (i), (ii) or (iii) (the "Applicable License"), you must 
comply with the terms of the Applicable License generally and the 
following provisions: (I) You must include a copy of, or the URI for, 
the Applicable License with every copy of each Adaptation You Distribute
or Publicly Perform; (II) 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; 
(III) 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; (IV) 
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 Collection, but this does not require the Collection 
apart from the Adaptation itself to be made subject to the terms of the 
Applicable License.
   c. If You Distribute, or Publicly Perform the Work or any Adaptations
or Collections, 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 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 Ssection 3(b), in the case of an Adaptation, a credit 
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 credit required by this Section 
4(c) may be implemented in any reasonable manner; provided, however, 
that in the case of a Adaptation or Collection, at a minimum such credit
will appear, if a credit for all contributing authors of the Adaptation 
or Collection 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 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.
   d. Except as otherwise agreed in writing by the Licensor or as may be
otherwise permitted by applicable law, if You Reproduce, Distribute or 
Publicly Perform the Work either by itself or as part of any Adaptations
or Collections, 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 honor or reputation. Licensor agrees that in those
jurisdictions (e.g. Japan), in which any exercise of the right granted 
in Section 3(b) of this License (the right to make Adaptations) would be
deemed to be a distortion, mutilation, modification or other derogatory 
action prejudicial to the Original Author's honor and reputation, the 
Licensor will waive or not assert, as appropriate, this Section, to the 
fullest extent permitted by the applicable national law, to enable You 
to reasonably exercise Your right under Section 3(b) of this License 
(right to make Adaptations) but not otherwise.

5. Representations, Warranties and Disclaimer

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.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE 
LAW, 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 LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

   a. This License and the rights granted hereunder will terminate 
automatically upon any breach by You of the terms of this License. 
Individuals or entities who have received Adaptations or Collections 
from You under this License, however, will not have their licenses 
terminated provided such individuals or entities remain in full 
compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will 
survive 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.

8. Miscellaneous

   a. Each time You Distribute or Publicly Perform the Work or a 
Collection, 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.
   f. The rights granted under, and the subject matter referenced, in 
this License were drafted utilizing the terminology of the Berne 
Convention for the Protection of Literary and Artistic Works (as amended
on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright 
Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and 
the Universal Copyright Convention (as revised on July 24, 1971). These 
rights and subject matter take effect in the relevant jurisdiction in 
which the License terms are sought to be enforced according to the 
corresponding provisions of the implementation of those treaty 
provisions in the applicable national law. If the standard suite of 
rights granted under applicable copyright law includes additional rights
not granted under this License, such additional rights are deemed to be 
included in the License; this License is not intended to restrict the 
license of any rights under applicable law.

Other media

Uploads of other media than textual content as defined above is currently disabled in Wikiproofs. However, media from the Wikimedia Commons may be used on Wikiproofs through [[File: ]] and related schemes. The Wikimedia Commons project is not affiliated with Wikiproofs. Wikimedia Commons provides its media under several different free licences. Details can be found on the description page for each media which can be accessed by clicking on the media link or image.

Caveats regarding public domain media

The Wikimedia Commons project contains a number of items which are public domain according to the copyright law of the United States of America, the jurisdiction of the Wikimedia Commons servers. Wikiproofs is hosted in the Federal Republic of Germany (in the European Union), and while most US public domain media are public domain (gemeinfrei) in Germany as well, some are not. These media must not be used on Wikiproofs unless they are released under a valid free licence.

For example, a photograph of David Hilbert created and published in 1922 would be public domain in the USA due to a "pre-1923" rule there. In Germany, where a "70 years post mortem auctoris" rule holds, such a photograph would be copyrighted until at least 31 December 2013 (Hilbert died in 1943), longer if the photographer died after 1943.