Content Blockchain B2C Smart License

-Attribution-Reproduce-Adapt-Resale-Share-NonCommercial – Experimental Version 1.0

Preface

Today, professional and commercial digital content licensing is a complex issue mostly dealt with by specialized lawyers. The idea behind smart licenses is to provide an easy-to-use license construction kit that even legal laypersons can handle. In our smart license generator any interested rights owner (licensor) can choose from a limited number of rights modules. Their combination, supplemented by some standard terms and conditions form the content of the smart license, i.e. the use rights, that the licensor wants to grant You (the licensee).

The smart licenses, alongside with basic metadata are publicly registered on the Content Blockchain in a secure and reliable, open and transparent, automated and machine-readable way.

For the avoidance of doubt, this smart license does not apply where a license is not needed (e.g. where limitations of copyrights apply like the quotation right). Nothing in this license shall be construed as excluding or limiting statutory freedoms allowed for by exceptions and limitations, fair use, fair dealing and related doctrines.

Subject to the terms and conditions of this smart license, the Licensor hereby offers You a non-exclusive worldwide license for the duration of the copyright to use the licensed material under its terms and conditions. By performing the act that the licensor has defined as a declaration of acceptance to his offer, You accept and agree to be bound by the terms and conditions of this smart license.

1. Definitions

Content Blockchain: Technical system to enable rights owners like creators or publishers to license content to users and to register the license transactions publicly and persistently on a blockchain technology.

Creator: The person who created the licensed material (e.g. a composer or an author).

ISCC: International Standard Content Code – a unique ID (content identifier) that defines the Licensed material as a machine-readable code.

Licensee/You: The individual or entity exercising the rights under this smart license. Your has a corresponding meaning.

Licensed material: The artistic, scientific or literary work, database, or other copyright protected material to which the licensor applied this smart license. The licensed material is identified by a unique ISCC.

Licensor: The individual(s) or entity(ies) granting rights under this license. The licensor can be the creator or another copyright owner (like e.g. a publisher).

Rights Module: A standardized section of the smart license that describes a certain kind of use. The licensor can choose from a number of rights modules to define the scope of his/her smart license.

Rights Profile: The combination of rights modules the licensor chose for his smart license.

Smart license: The sum of rules that apply for the use of the licensed material.

2. Licensing conditions

You may use the licensed material to the extend and under the conditions defined hereafter:

2.1 Licensed Rights (rights modules)

Adapt: You may modify, alter or change the licensed material in any way (e.g. remixing, transforming, shortening, translating, synchronizing, combining with other material). Adaptations may also be shared.

Reproduce: You may copy the licensed material in any medium or format (digital, analogue, tangible, intangible). Making available or distribute the material is not subject of the reproduce module.

Resale: You may permanently transfer the smart license to a third party against compensation. The smart license can only be resold once and in its entirety. By reselling it you automatically lose your own rights to use the licensed material. Also, you are obliged to delete your copy(ies) of the licensed material. The resale transaction will be registered on the blockchain.

Share: You may make the licensed material accessible to third parties in digital form. Share means e.g. to publicly display, perform or present the material, to broadcast, post online, stream or make it online available. In case these uses require copying the material the necessary reproductions are covered, too.

All rights that are not mentioned above are reserved.

2.2 Restrictions

Non-commercial: You must not use the material in a way that is primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this smart license, the resale of the licensed material is non-commercial.

Industrial property rights: Patent and trademark rights are not licensed under this smart license. Patents and trademarks may only be used to the limited extent necessary to allow exercise of the rights licensed by this smart license.

2.3 Obligations

Attribution: You have to pertain notices that are supplied with the licensed material when you share or resale it. Under this obligation you have to:

• Retain credits to the creator and/or the copyright owner;
• Retain copyright notices;
• If so stipulated by the licensor retain an URL or hyperlink to an online source of the licensed material.

Indicate adaptations: If you share an adapted version of the licensed material you have to indicate that your adaptation bases on the licensed material in a reasonable manner. You have to name the creator, copyright owner and licensor of the material according to the attribution obligation.

3. Disclaimer of Warranties and Limitation of Liability

Unless otherwise separately undertaken by the Licensor, to the extent possible, the licensor offers the licensed material as-is and as-available, and makes no representations or warranties of any kind concerning the licensed material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

To the extent possible, in no event will the licensor be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this smart license or use of the licensed material, even if the licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

4. General Terms and Conditions

The Licensor shall not be bound by any additional or different terms or conditions.

To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.

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