> Free Art license
> [ Copyleft Attitude ]
>
> version 1.2
>
> Preamble:
[snipped; no license terms]
> Definitions
>
> The work of art:
> A communal work which includes the initial oeuvre as well as all
> subsequent contributions (subsequent originals and copies). It is
> created at the initiative of the original artist who, by this license,
> defines the conditions according to which the contributions are made.
>
> The original work of art:
> This is the oeuvre created by the initiator of the communal work, of
> which copies will be modified by whosoever wishes.
>
> Subsequent works:
> These are the additions put forward by the artists who contribute to the
> formation of the work by taking advantage of the right to reproduction,
> distribution and modification that this license confers on them.
>
> The Original (the work's source or resource):
> A dated example of the work, of its definition, of its partition or of
> its program which the originator provides as the reference for all
> future updatings, interpretations, copies or reproductions.
>
> Copy:
> Any reproduction of an original as defined by this license.
>
> The author or the artist of the initial work of art:
> This is the person who created the work which is at the heart of the
> ramifications of this modified work of art. By this license, the author
> determines the conditions under which these modifications are made.
>
> Contributor:
> Any person who contributes to the creation of the work of art. He is the
> author or the artist of an original art object resulting from the
> modification of a copy of the initial oeuvre or the modification of a
> copy of a subsequent work of art.
>
>
> 1. Aims
>
> The aim of this license is to define the conditions according to which
> you can use this work freely.
>
>
> 2. Extent Of The Usage
>
> This work of art is subject to copyright, and the author, by this
> license, specifies the extent to which you can copy, distribute and
> modify it.
>
>
> 2.1 Freedom to Copy (or of Reproduction)
>
> You have the right to copy this work of art for your personal use, for
> your friends or for any other person, by employing whatever technique
> you choose.
>
>
> 2.2 Freedom to Distribute, to Interpret (or of Representation)
>
> You can freely distribute the copies of these works, modified or not,
> whatever their medium, wherever you wish, for a fee or for free, if you
> observe all the following conditions:
> - attach this license, in its entirety, to the copies or indicate
> precisely where the license can be found,
> - specify to the recipient the name of the author of the originals,
> - specify to the recipient where he will be able to access the originals
> (original and subsequent). The author of the original may, if he wishes,
> give you the right to broadcast/distribute the original under the same
> conditions as the copies.
This last condition does not specify what happens if subsequent
recipients might not be able to access the original and subsequent
originals.
> 2.3 Freedom to Modify
>
> You have the right to modify the copies of the originals (original and
> subsequent), partially or otherwise, respecting the conditions set out
> in article 2.2 , in the event of distribution (or representation) of the
> modified copy. The author of the original may, if he wishes, give you
> the right to modify the original under the same conditions as the copies.
OK, clause 2 appears to grant all the necessary freedoms. The sentences
about the "author of the original" and "the right to
{broadcast/distribute,modify} the original under the same conditions as
the copies" are rather confusing, but I believe that for electronic
works, they are essentially equivalent to "the author may or may not
incorporate your changes into the original version", which is fine.
For an actual physical piece of art (which probably does not directly
concern Debian, since it is not something Debian could package and
distribute), they would seem to make the original non-free in the sense
that one cannot modify it directly, but must make a copy first; all
subsequent copies would be free.
> 3. Incorporation of Artwork
>
> All the elements of this work of art must remain free, which is why you
> are not allowed to integrate the originals (originals and subsequents)
> into another work which would not be subject to this license.
This is a standard copyleft clause; no problems here.
> 4. Your Author's Rights
>
> The object of this license is not to deny your author's rights on your
> contribution. By choosing to contribute to the evolution of this work of
> art, you only agree to give to others the same rights with regard to
> your contribution as those which were granted to you by this license.
This is starting to tie into one oddity with the license: when you
distribute a modified version, you are not actually licensing your
modifications under this license, although you are granting all the
_rights_ in the license; as stated in clause 7, all licenses come from
the original author.
> 5. Duration of the Licence
>
> This license takes effect as of your acceptance of its provisions. The
> fact of copying, distributing, or of modifying the work constitutes a
> tacit agreement. This license will remain in force for as long as the
> copyright which is attached to the work of art. If you do not respect
> the terms of this license, you automatically lose the rights that it
> confers. If the legal status to which you are subject makes it
> impossible for you to respect the terms of this license, you may not
> make use of the rights which it confers.
No problems here.
> 6. Various Versions of the Licence
>
> This license may undergo periodic modifications to incorporate
> improvements by its authors (instigators of the "copyleft attitude"
> movement) by way of new, numbered versions.
>
> You will have the choice of accepting the provisions contained in the
> version under which the copy was communicated to you, or alternatively,
> to use the provisions of one of the subsequent versions.
This is fine; versioned licenses are OK as long as the license doesn't
force you to use any particular version, which this one doesn't.
> 7. Sub-licensing
>
> Sub-licenses are not authorized by the present license. Any person who
> wishes to make use of the rights that it confers will be directly bound
> to the author of the original work.
This is the oddity referred to above. First of all, based on the
language in clause 2.2, "originals (original and subsequent)", it is
possible that each new modified version is considered both a modified
version of its predecessors (subsequent to their licenses), and an
original work of its own (with a license from the modifier). If so, and
if this clause is simply stating that modified versions are subject to
the original author's license, that's fine. However, it is also quite
possible that this is saying that modified versions may not be
distributed under a license of the modifier, even if that license is the
Free Art License. Nevertheless, that does not seem to directly fail DFSG3:
> 3. Derived Works
>
> The license must allow modifications and derived works, and must
> allow them to be distributed under the same terms as the license of
> the original software.
Under clause 4, contributors that distribute their works "agree to give
to others the same rights with regard to your contribution as those
which were granted to you by this license", which would seem to satisfy
"under the same *terms* as the license of the original software"
[emphasis mine]. So I _think_ this is still a DFSG-free clause.
I would welcome comments on this analysis; this is a very strange clause.
> 8. The Law Applicable to this Contract
>
> This license is subject to French law.
Choice of law; that's acceptable.
> --------
>
> Directions for Use:
[snipped; no license terms]
The only questionable clause is clause 7; if that clause is Free, then I
believe the license is Free.
Is there a particular work under this license that you would like Debian
to include, or do you just want a review of the license?
- Josh Triplett
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