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- Open Data Commons – Public Domain Dedication & Licence (PDDL)
- *************************************************************
- Preamble
- ========
- The Open Data Commons – Public Domain Dedication & Licence is a document
- intended to allow you to freely share, modify, and use this work for any
- purpose and without any restrictions. This licence is intended for use on
- databases or their contents ("data"), either together or individually.
- Many databases are covered by copyright. Some jurisdictions, mainly in Europe,
- have specific special rights that cover databases called the "sui generis"
- database right. Both of these sets of rights, as well as other legal rights
- used to protect databases and data, can create uncertainty or practical
- difficulty for those wishing to share databases and their underlying data but
- retain a limited amount of rights under a "some rights reserved" approach to
- licensing as outlined in the Science Commons Protocol for Implementing Open
- Access Data. As a result, this waiver and licence tries to the fullest extent
- possible to eliminate or fully license any rights that cover this database and
- data. Any Community Norms or similar statements of use of the database or data
- do not form a part of this document, and do not act as a contract for access or
- other terms of use for the database or data.
- The position of the recipient of the work
- Because this document places the database and its contents in or as close as
- possible within the public domain, there are no restrictions or requirements
- placed on the recipient by this document. Recipients may use this work
- commercially, use technical protection measures, combine this data or database
- with other databases or data, and share their changes and additions or keep
- them secret. It is not a requirement that recipients provide further users with
- a copy of this licence or attribute the original creator of the data or
- database as a source. The goal is to eliminate restrictions held by the
- original creator of the data and database on the use of it by others.
- The position of the dedicator of the work
- Copyright law, as with most other law under the banner of "intellectual
- property", is inherently national law. This means that there exists several
- differences in how copyright and other intellectual property rights can be
- relinquished, waived or licensed in the many legal jurisdictions of the world.
- This is despite much harmonisation of minimum levels of protection. The
- internet and other communication technologies span these many disparate legal
- jurisdictions and thus pose special difficulties for a document relinquishing
- and waiving intellectual property rights, including copyright and database
- rights, for use by the global community. Because of this feature of
- intellectual property law, this document first relinquishes the rights and
- waives the relevant rights and claims. It then goes on to license these same
- rights for jurisdictions or areas of law that may make it difficult to
- relinquish or waive rights or claims.
- The purpose of this document is to enable rightsholders to place their work
- into the public domain. Unlike licences for free and open source software, free
- cultural works, or open content licences, rightsholders will not be able to
- "dual license" their work by releasing the same work under different licences.
- This is because they have allowed anyone to use the work in whatever way they
- choose. Rightsholders therefore can't re-license it under copyright or database
- rights on different terms because they have nothing left to license. Doing so
- creates truly accessible data to build rich applications and advance the
- progress of science and the arts.
- This document can cover either or both of the database and its contents (the
- data). Because databases can have a wide variety of content – not just factual
- data – rightsholders should use the Open Data Commons – Public Domain
- Dedication & Licence for an entire database and its contents only if everything
- can be placed under the terms of this document. Because even factual data can
- sometimes have intellectual property rights, rightsholders should use this
- licence to cover both the database and its factual data when making material
- available under this document; even if it is likely that the data would not be
- covered by copyright or database rights.
- Rightsholders can also use this document to cover any copyright or database
- rights claims over only a database, and leave the contents to be covered by
- other licences or documents. They can do this because this document refers to
- the "Work", which can be either – or both – the database and its contents. As a
- result, rightsholders need to clearly state what they are dedicating under this
- document when they dedicate it.
- Just like any licence or other document dealing with intellectual property,
- rightsholders should be aware that one can only license what one owns. Please
- ensure that the rights have been cleared to make this material available under
- this document.
- This document permanently and irrevocably makes the Work available to the
- public for any use of any kind, and it should not be used unless the
- rightsholder is prepared for this to happen.
- Part I: Introduction
- ====================
- The Rightsholder (the Person holding rights or claims over the Work) agrees as
- follows:
- 1 Definitions of Capitalised Words
- ----------------------------------
- "Copyright" – Includes rights under copyright and under neighbouring rights and
- similarly related sets of rights under the law of the relevant jurisdiction
- under Section 6.4.
- "Data" – The contents of the Database, which includes the information,
- independent works, or other material collected into the Database offered under
- the terms of this Document.
- "Database" – A collection of Data arranged in a systematic or methodical way
- and individually accessible by electronic or other means offered under the
- terms of this Document.
- "Database Right" – Means rights over Data resulting from the Chapter III ("sui
- generis") rights in the Database Directive (Directive 96/9/EC of the European
- Parliament and of the Council of 11 March 1996 on the legal protection of
- databases) and any future updates as well as any similar rights available in
- the relevant jurisdiction under Section 6.4.
- "Document" – means this relinquishment and waiver of rights and claims and back
- up licence agreement.
- "Person" – Means a natural or legal person or a body of persons corporate or
- incorporate.
- "Use" – As a verb, means doing any act that is restricted by Copyright or
- Database Rights whether in the original medium or any other; and includes
- modifying the Work as may be technically necessary to use it in a different
- mode or format. This includes the right to sublicense the Work.
- "Work" – Means either or both of the Database and Data offered under the terms
- of this Document.
- "You" – the Person acquiring rights under the licence elements of this
- Document.
- Words in the singular include the plural and vice versa.
- 2.0 What this document covers
- 2.1. Legal effect of this Document. This Document is:
- a. A dedication to the public domain and waiver of Copyright and Database
- Rights over the Work; and
- b. A licence of Copyright and Database Rights over the Work in jurisdictions
- that do not allow for relinquishment or waiver.
- 2.2. Legal rights covered.
- a. Copyright. Any copyright or neighbouring rights in the Work. Copyright law
- varies between jurisdictions, but is likely to cover: the Database model or
- schema, which is the structure, arrangement, and organisation of the Database,
- and can also include the Database tables and table indexes; the data entry and
- output sheets; and the Field names of Data stored in the Database. Copyright
- may also cover the Data depending on the jurisdiction and type of Data; and
- b. Database Rights. Database Rights only extend to the extraction and
- re-utilisation of the whole or a substantial part of the Data. Database Rights
- can apply even when there is no copyright over the Database. Database Rights
- can also apply when the Data is removed from the Database and is selected and
- arranged in a way that would not infringe any applicable copyright.
- 2.2 Rights not covered.
- a. This Document does not apply to computer programs used in the making or
- operation of the Database;
- b. This Document does not cover any patents over the Data or the Database.
- Please see Section 4.2 later in this Document for further details; and
- c. This Document does not cover any trade marks associated with the Database.
- Please see Section 4.3 later in this Document for further details.
- Users of this Database are cautioned that they may have to clear other rights
- or consult other licences.
- 2.3 Facts are free.
- The Rightsholder takes the position that factual information is not covered by
- Copyright. This Document however covers the Work in jurisdictions that may
- protect the factual information in the Work by Copyright, and to cover any
- information protected by Copyright that is contained in the Work.
- Part II: Dedication to the public domain
- ========================================
- 3 Dedication, waiver, and licence of Copyright and Database Rights
- ------------------------------------------------------------------
- 3.1 Dedication of Copyright and Database Rights to the public domain.
- The Rightsholder by using this Document, dedicates the Work to the public
- domain for the benefit of the public and relinquishes all rights in Copyright
- and Database Rights over the Work.
- a. The Rightsholder realises that once these rights are relinquished, that the
- Rightsholder has no further rights in Copyright and Database Rights over the
- Work, and that the Work is free and open for others to Use.
- b. The Rightsholder intends for their relinquishment to cover all present and
- future rights in the Work under Copyright and Database Rights, whether they are
- vested or contingent rights, and that this relinquishment of rights covers all
- their heirs and successors.
- The above relinquishment of rights applies worldwide and includes media and
- formats now known or created in the future.
- 3.2 Waiver of rights and claims in Copyright and Database Rights when Section
- 3.1 dedication inapplicable.
- If the dedication in Section 3.1 does not apply in the relevant jurisdiction
- under Section 6.4, the Rightsholder waives any rights and claims that the
- Rightsholder may have or acquire in the future over the Work in:
- a. Copyright; and
- b. Database Rights.
- To the extent possible in the relevant jurisdiction, the above waiver of rights
- and claims applies worldwide and includes media and formats now known or
- created in the future. The Rightsholder agrees not to assert the above rights
- and waives the right to enforce them over the Work.
- 3.3 Licence of Copyright and Database Rights when Sections 3.1 and 3.2
- inapplicable.
- If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the
- relevant jurisdiction under Section 6.4, the Rightsholder and You agree as
- follows:
- a. The Licensor grants to You a worldwide, royalty-free, non-exclusive,
- licence to Use the Work for the duration of any applicable Copyright and
- Database Rights. These rights explicitly include commercial use, and do not
- exclude any field of endeavour. To the extent possible in the relevant
- jurisdiction, these rights may be exercised in all media and formats whether
- now known or created in the future.
- 3.4 Moral rights.
- This section covers moral rights, including the right to be identified as the
- author of the Work or to object to treatment that would otherwise prejudice the
- author's honour and reputation, or any other derogatory treatment:
- a. For jurisdictions allowing waiver of moral rights, Licensor waives all
- moral rights that Licensor may have in the Work to the fullest extent possible
- by the law of the relevant jurisdiction under Section 6.4;
- b. If waiver of moral rights under Section 3.4 a in the relevant jurisdiction
- is not possible, Licensor agrees not to assert any moral rights over the Work
- and waives all claims in moral rights to the fullest extent possible by the law
- of the relevant jurisdiction under Section 6.4; and
- c. For jurisdictions not allowing waiver or an agreement not to assert moral
- rights under Section 3.4 a and b, the author may retain their moral rights over
- the copyrighted aspects of the Work.
- Please note that some jurisdictions do not allow for the waiver of moral
- rights, and so moral rights may still subsist over the work in some
- jurisdictions.
- 4 Relationship to other rights
- ------------------------------
- 4.1 No other contractual conditions.
- The Rightsholder makes this Work available to You without any other contractual
- obligations, either express or implied. Any Community Norms statement
- associated with the Work is not a contract and does not form part of this
- Document.
- 4.2 Relationship to patents.
- This Document does not grant You a licence for any patents that the
- Rightsholder may own. Users of this Database are cautioned that they may have
- to clear other rights or consult other licences.
- 4.3 Relationship to trade marks.
- This Document does not grant You a licence for any trade marks that the
- Rightsholder may own or that the Rightsholder may use to cover the Work. Users
- of this Database are cautioned that they may have to clear other rights or
- consult other licences.
- Part III: General provisions
- ============================
- 5 Warranties, disclaimer, and limitation of liability
- -----------------------------------------------------
- 5.1 The Work is provided by the Rightsholder "as is" and without any warranty
- of any kind, either express or implied, whether of title, of accuracy or
- completeness, of the presence of absence of errors, of fitness for purpose, or
- otherwise. Some jurisdictions do not allow the exclusion of implied warranties,
- so this exclusion may not apply to You.
- 5.2 Subject to any liability that may not be excluded or limited by law, the
- Rightsholder is not liable for, and expressly excludes, all liability for loss
- or damage however and whenever caused to anyone by any use under this Document,
- whether by You or by anyone else, and whether caused by any fault on the part
- of the Rightsholder or not. This exclusion of liability includes, but is not
- limited to, any special, incidental, consequential, punitive, or exemplary
- damages. This exclusion applies even if the Rightsholder has been advised of
- the possibility of such damages.
- 5.3 If liability may not be excluded by law, it is limited to actual and direct
- financial loss to the extent it is caused by proved negligence on the part of
- the Rightsholder.
- 6 General
- ---------
- 6.1 If any provision of this Document is held to be invalid or unenforceable,
- that must not affect the validity or enforceability of the remainder of the
- terms of this Document.
- 6.2 This Document is the entire agreement between the parties with respect to
- the Work covered here. It replaces any earlier understandings, agreements or
- representations with respect to the Work not specified here.
- 6.3 This Document does not affect any rights that You or anyone else may
- independently have under any applicable law to make any use of this Work,
- including (for jurisdictions where this Document is a licence) fair dealing,
- fair use, database exceptions, or any other legally recognised limitation or
- exception to infringement of copyright or other applicable laws.
- 6.4 This Document takes effect in the relevant jurisdiction in which the
- Document terms are sought to be enforced. If the rights waived or granted under
- applicable law in the relevant jurisdiction includes additional rights not
- waived or granted under this Document, these additional rights are included in
- this Document in order to meet the intent of this Document.
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