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LEGAL & CURRENT AUTHOR : clemtre <contact@martinlemaire.fr> - 2024 |
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Part of the Unbound Libraries Documentation |
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CC4R* COLLECTIVE CONDITIONS FOR RE-USE |
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COPYLEFT ATTITUDE WITH A DIFFERENCE - VERSION 1.0 |
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------------------------------------------------------------------------ |
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REMINDER TO CURRENT AND FUTURE AUTHORS: |
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The authored work released under the CC4r was never yours to begin with. |
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The CC4r considers authorship to be part of a collective cultural effort |
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and rejects authorship as ownership derived from individual genius. This |
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means to recognize that it is situated in social and historical |
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conditions and that there may be reasons to refrain from release and |
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re-use. |
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PREAMBLE |
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The CC4r articulates conditions for re-using authored materials. This |
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document is inspired by the principles of Free Culture – with a few |
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differences. You are invited to copy, distribute, and transform the |
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materials published under these conditions, and to take the implications |
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of (re-)use into account. |
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The CC4r understands authorship as inherently collaborative and |
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already-collective. It applies to hybrid practices such as human-machine |
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collaborations and other-than-human contributions. The legal framework |
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of copyright ties authorship firmly in property and individual human |
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creation, and prevents more fluid modes of authorial becoming from |
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flourishing. Free Culture and intersectional, feminist, anti-colonial |
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work reminds us that there is no tabula rasa, no original or single |
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author; that authorial practice exists within a web of references. |
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The CC4r favours re-use and generous access conditions. It considers |
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hands-on circulation as a necessary and generative activation of |
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current, historical and future authored materials. While you are free to |
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(re-)use them, you are not free from taking the implications from |
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(re-)use into account. |
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The CC4r troubles the binary approach that declares authored works |
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either ‘open’ or ‘closed’. It tries to address how a universalist |
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approach to openness such as the one that Free licenses maintain, has |
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historically meant the appropriation of marginalised knowledges. It is |
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concerned with the way Free Culture, Free Licenses and Open Access do |
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not account for the complexity and porosity of knowledge practices and |
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their circulation, nor for the power structures active around it. This |
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includes extractive use by software giants and commercial on-line |
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platforms that increasingly invest into and absorb Free Culture. |
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The CC4r asks CURRENT and FUTURE AUTHORS, as a collective, to care |
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together for the implications of appropriation. To be attentive to the |
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way re-use of materials might support or oppress others, even if this |
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will never be easy to gauge This implies to consider the collective |
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conditions of authorship. |
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The CC4r asks you to be courageous with the use of materials that are |
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being licensed under the CC4r. To discuss them, to doubt, to let go, to |
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change your mind, to experiment with them, to give back to them and to |
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take responsibility when things might go wrong. |
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Considering the Collective Conditions for (re-)use involves inclusive |
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crediting and speculative practices for referencing and resourcing. To |
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consider the circulation of materials on commercial platforms as |
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participating in extractive data practices; platform capitalism |
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appropriates and abuses collective authorial practice. To take into |
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account that the defaults of openness and transparency have different |
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consequences in different contexts. To consider the potential necessity |
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for opacity when accessing and transmitting knowledge, especially when |
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it involves materials that matter to marginalized communities. |
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This document was written in response to the Free Art License (FAL) in a |
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process of coming to terms with the colonial structuring of knowledge |
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production. It emerged out of concerns with the way Open Access and Free |
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Culture ideologies foregrounding openness and freedom as universal |
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principles might replicate some of the problems with conventional |
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copyright. |
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DEFINITIONS |
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« LEGAL AUTHOR » In the CC4r, LEGAL AUTHOR is used for the individual |
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that is assigned as “author” by conventional copyright. Even if the |
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authored work was never theirs to begin with, he or she is the only one |
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that is legally permitted to license a work under a CC4r. This license |
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is therefore not about liability, or legal implications. It cares about |
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the ways copyright contributes to structural inequalities. |
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« CURRENT AUTHOR » can be used for individuals and collectives. It is |
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the person, collective or other that was involved in generating the work |
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created under a CC4r license. CURRENT and FUTURE AUTHOR are used to |
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avoid designations that overly rely on concepts of ‘originality’ and |
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insist on linear orders of creation. |
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« FUTURE AUTHOR » can be used for individuals and collectives. They want |
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to use the work under CC4r license and are held to its conditions. All |
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future authors are considered coauthors, or anauthors. They are |
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anauthorized because this license provides them with an unauthorized |
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authorization. |
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« LICENSE » due to its conditional character, this document might |
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actually not qualify as a license. It is for sure not a Free Culture |
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License. see also: UNIVERSALIST OPENNESS. |
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« (RE-)USE » the CC4r opted for bracketing “RE” out of necessity to mess |
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up the time-space linearity of the original.« OPEN <-> CLOSED » the CC4r |
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operates like rotating doors… it is a swinging license, or a hinged |
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license. |
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« UNIVERSALIST OPENNESS » the CC4r tries to propose an alternative to |
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universalist openness. A coming to terms with the fact that universal |
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openness is “safe” only for some. |
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0. CONDITIONS |
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The invitation to (re-)use the work licenced under CC4r applies as long |
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as the FUTURE AUTHOR is convinced that this does not contribute to |
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oppressive arrangements of power, privilege and difference. These may be |
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reasons to refrain from release and re-use. |
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If it feels paralyzing to decide whether or not these conditions apply, |
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it might point at the need to find alternative ways to activate the |
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work. In case of doubt, consult for example |
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https://constantvzw.org/wefts/orientationspourcollaboration.en.html. |
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1. OBJECT |
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The aim of this license is to articulate collective conditions for |
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re-use. |
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2. SCOPE |
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The work licensed under the CC4r is reluctantly subject to copyright |
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law. By applying CC4r, the legal author extends its rights and invites |
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others to copy, distribute, and modify the work. |
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2.1 INVITATION TO COPY (OR TO MAKE REPRODUCTIONS) |
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When the conditions under 0. apply, you are invited to copy this work, |
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for whatever reason and with whatever technique. |
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2.2 INVITATION TO DISTRIBUTE, TO PERFORM IN PUBLIC |
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As long as the conditions under 0. apply, you are invited to distribute |
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copies of this work; modified or not, whatever the medium and the place, |
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with or without any charge, provided that you: |
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- attach this license to each of the copies of this work or indicate |
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where the license can be found; |
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- make an effort to account for the collective conditions of the work, |
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for example what contributions were made to the modified work and by |
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whom, or how the work could continue; |
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- specify where to access other versions of the work. |
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2.3 INVITATION TO MODIFY |
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As long as the conditions under 0. apply, you are invited to make future |
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works based on the current work, provided that you: |
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- observe all conditions in article 2.2 above, if you distribute |
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future works; |
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- indicate that the work has been modified and, if possible, what kind |
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of modifications have been made. |
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- distribute future works under the same license or any compatible |
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license. |
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3. INCORPORATION OF THE WORK |
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Incorporating this work into a larger work (i.e., database, anthology, |
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compendium, etc.) is possible. If as a result of its incorporation, the |
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work can no longer be accessed apart from its appearance within the |
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larger work, incorporation can only happen under the condition that the |
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larger work is as well subject to the CC4r or to a compatible license. |
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4. COMPATIBILITY |
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A license is compatible with the CC4r provided that: |
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- it invites users to take the implications of their appropriation |
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into account; |
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- it invites to copy, distribute, and modify copies of the work |
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including for commercial purposes and without any other restrictions |
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tha |
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n those required by the other compatibility criteria; |
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- it ensures that the collective conditions under which the work was |
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authored are attributed unless not desirable, and access to previous |
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versions of the work is provided when possible; |
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- it recognizes the CC4r as compatible (reciprocity); |
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- it requires that changes made to the work will be subject to the |
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same license or to a license which also meets these compatibility |
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criteria. |
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5. LEGAL FRAMEWORK |
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Because of the conditions mentioned under 0., this is not a Free |
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License. It is reluctantly formulated within the framework of both the |
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Belgian law and the Berne Convention for the Protection of Literary and |
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Artistic Works. |
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“We recognize that private ownership over media, ideas, and technology |
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is rooted in European conceptions of property and the history of |
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colonialism from which they formed. These systems of privatization and |
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monopolization, namely copyright and patent law, enforce the systems of |
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punishment and reward which benefit a privileged minority at the cost of |
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others’ creative expression, political discourse, and cultural survival. |
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The private and public institutions, legal frameworks, and social values |
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which uphold these systems are inseparable from broader forms of |
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oppression. Indigenous people, people of color, queer people, trans |
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people, and women are particularly exploited for their creative and |
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cultural resources while hardly receiving any of the personal gains or |
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legal protections for their work. We also recognize that the public |
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domain has jointly functioned to compliment the private, as works in the |
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public domain may be appropriated for use in proprietary works. |
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Therefore, we use copyleft not only to circumvent the monopoly granted |
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by copyright, but also to protect against that appropriation.” |
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[Decolonial Media License] |
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6. YOUR RESPONSIBILITIES |
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The invitation to use the work as defined by the CC4r (invitation to |
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copy, distribute, modify) implies to take the implications of the |
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appropriation of the materials into account. |
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7. DURATION OF THE LICENSE |
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This license takes effect as of the moment that the FUTURE AUTHOR |
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accepts the invitation of the CURRENT AUTHOR. The act of copying, |
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distributing, or modifying the work constitutes a tacit agreement. This |
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license will remain in effect for the duration of the copyright which is |
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attached to the work. If you do not respect the terms of this license, |
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the invitation that it confers is void. If the legal status or |
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legislation to which you are subject makes it impossible for you to |
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respect the terms of this license, you may not make use of the rights |
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which it confers. |
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8. VARIOUS VERSIONS OF THE LICENSE |
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You are invited to reformulate this license by way of new, renamed |
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versions. Link to license on gitlab. You can of course make |
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reproductions and distribute this license verbatim (without any |
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changes). |
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9. USER GUIDE |
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– How to use the CC4r? |
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To apply the CC4r, you need to mention the following elements: |
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[Name of the legal author, title, date of the work. When applicable, |
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names of authors of the common work and, if possible, where to find |
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other versions of the work]. |
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Copyleft with a difference: This is a collective work, you are invited |
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to copy, distribute, and modify it under the terms of the CC4r [link to |
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license]. |
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Short version: Legal author=name, date of work. CC4r [link to license] |
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– Why use the CC4r? |
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1. To remind yourself and others that you do not own authored works; |
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2. To not allow copyright to hinder works to evolve, to be extended, to |
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be transformed; |
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3. To allow materials to circulate as much as they need to; |
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4. Because the CC4r offers a legal framework to disallow |
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mis-appropriation by insisting on inclusive attribution. Nobody can |
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take hold of the work as one’s exclusive possession. |
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– When to use the CC4r? |
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Any time you want to invite others to copy, distribute and transform |
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authored works without exclusive appropriation but with considering the |
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implications of (re-)use, you can use the CC4r. You can for example |
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apply it to collective documentation, hybrid productions, artistic |
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collaborations or educational projects. |
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– What kinds of works can be subject to the CC4r? |
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The Collective Conditions for re-use can be applied to digital as well |
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as physical works.You can choose to apply the CC4r for any text, |
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picture, sound, gesture, or whatever material as long as you have legal |
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author’s rights. |
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– Background of this license: |
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The CC4r was developed for the Constant worksession Unbound libraries |
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(spring 2020) and followed from discussions during and contributions to |
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the study day Authors of the future (Fall 2019). It is based on the Free |
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Art License and inspired by other licensing projects such as the |
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(Cooperative) Non-Violent Public License and the Decolonial Media |
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license. Copyleft Attitude with a difference, 6 October 2020. Read more |
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about CC4r in: “Collectively Setting Conditions for Re-Use” (Elodie |
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Mugrefya & Femke Snelting, MARCH, spring 2022) |
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