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Re: Free Art License [was: Re: [Fwd: Re: gnome-themes and licensing]]



Section 8 - French law - seems to make it non-free by DFSG standards.
FSF lists it as a free documentation license soon after the GFDL.
Other than section 8, it seems a simple, GPL-incompatible (due to
section 3), copyleft license.

andrew

On 4/28/06, Francesco Poli <frx@firenze.linux.it> wrote:
> On Thu, 27 Apr 2006 17:54:53 +1000 Andrew Donnellan wrote:
>
> > There is a license called the Free Art license, I don't know if that
> > is DFSG-free.
>
> Here's the text, taken from http://artlibre.org/licence/lal/en/
>
>
>
> Free Art License
>
>
> [ Copyleft Attitude ]
>
> version 1.2
>
> Preamble :
>
> With this Free Art License, you are authorised to copy, distribute and
> freely transform the work of art while respecting the rights of the
> originator.
>
> Far from ignoring the author's rights, this license recognises them and
> protects them. It reformulates their principle while making it possible
> for the public to make creative use of the works of art. Whereas current
> literary and artistic property rights result in restriction of the
> public's access to works of art, the goal of the Free Art License is to
> encourage such access.
>
> The intention is to make work accessible and to authorise the use of its
> resources by the greatest number of people: to use it in order to
> increase its use, to create new conditions for creation in order to
> multiply the possibilities of creation, while respecting the originators
> in according them recognition and defending their moral rights.
>
> In fact, with the arrival of the digital age, the invention of the
> Internet and free software, a new approach to creation and production
> has made its appearance. It also encourages a continuation of the
> process of experimentation undertaken by many contemporary artists.
>
> Knowledge and creativity are resources which, to be true to themselves,
> must remain free, i.e. remain a fundamental search which is not directly
> related to a concrete application. Creating means discovering the
> unknown, means inventing a reality without any heed to realism. Thus,
> the object(ive) of art is not equivalent to the finished and defined art
> object.
> This is the basic aim of this Free Art License: to promote and protect
> artistic practice freed from the rules of the market economy.
>
> -----------
>
> DEFINITIONS
>
> - The work of art :
> A communal work which includes the initial artwork 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 artwork 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 original 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 artwork 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.
>
> 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.
>
> 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.
>
> 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.
>
> 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.
>
> 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.
>
> 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.
>
> 8. THE LAW APPLICABLE TO THIS CONTRACT
>
> This license is subject to French law.
>
> ----------
>
> DIRECTIONS FOR USE :
>
> - How to use the Free Art license?
>
> To benefit from the Free Art License, it is enough to specify the
> following on your work of art:
>
> [- A few lines to indicate the name of the work and to give an idea of
> what it is.]
> [- A few lines to describe, if necessary, the modified work of art and
> give the name of the author/artist.]
> Copyright (c) [the date] [name of the author or artist] (if appropriate,
> specify the names of the previous authors or artists)
> Copyleft: this work of art is free, you can redistribute it and/or
> modify it according to terms of the Free Art license.
> You will find a specimen of this license on the site Copyleft Attitude
> http://artlibre.org as well as on other sites.
>
> - Why use the Free Art license?
>
> 1 / to give the greatest number of people access to your work.
>
> 2 / to allow it to be freely distributed.
>
> 3 / to allow it to evolve by authorising its transformation by others.
>
> 4 / to be able, yourself, to use the resources of a work when it is
> under Free Art license: to copy, distribute or transform it freely.
>
> 5 / This is not all: because the use of the Free Art License is also a
> good way to take liberties with the marketing system generated by the
> dominant economy. The Free Art License offers a useful legal protocol to
> prevent abusive appropriation. It will no longer be possible for someone
> to appropriate your work, short-circuiting the creative process to make
> personal profit from it. Helping yourself to a collective work in
> progress will be forbidden, as will monopolising the resources of an
> evolving creation for the benefit of a few.
>
> The Free Art License advocates an economy appropriate for art, based on
> sharing, exchange and joyful giving. What counts in art is also and
> mostly what is not counted.
>
> - When to use the Free Art License ?
>
> It is not the goal of the Free Art License to eliminate copyright or
> author's rights. Quite the opposite, it is about reformulating the
> relevance of these rights while taking today's environment into account.
> It is about the right to freedom of movement, to free copying and to
> free transformation of works of art. The right to work in freedom for
> art and artists.
>
> 1 / Each time you want to use or put this right into practice, use the
> Free Art License.
>
> 2 / Each time you want to create works which can evolve and be freely
> copied, freely distributed and freely transformed: use the Free Art
> License.
>
> 3 / Each time you want to have the possibility of copying, distributing
> or transforming a work: check that it is under Free Art License. If it
> is not, you are liable to be breaking the law.
>
> - To which types of art can the Free Art License be applied?
>
> This license can be applied to digital as well as to non-digital art. It
> was born out of observation of the world of free software and the
> Internet, but its applicability is not limited to the digital media. You
> can put a painting, a novel, a sculpture, a drawing, a piece of music, a
> poem, an installation, a video, a film, a recipe, a CD-rom, a Web site,
> or a performance under the Free Art License, in short any creation which
> has some claim to be a work of art.
>
> This license has a history: it was born at the meeting " Copyleft
> Attitude " which took place at "Accès Local" and "Public" in Paris at
> the beginning of the year 2000. For the first time, it brought computer
> specialists and freeware activists together with contemporary artists
> and members of the art world.
>
>       Traduction : Antoine Schmitt et Tina Horne.
>
> Cette page a été éditée le 20/07/2005
>
>
>
>
> --
>     :-(   This Universe is buggy! Where's the Creator's BTS?   ;-)
> ......................................................................
>   Francesco Poli                             GnuPG Key ID = DD6DFCF4
>  Key fingerprint = C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4
>
>
>


--
Andrew Donnellan
http://andrewdonnellan.com
http://ajdlinux.blogspot.com
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