Commons Against Empire and Capital License 1.0 International
By exercising the Licensed Rights (defined below), You accept and agree to
be bound by the terms and conditions of this Commons Against Empire and
Capital License 1.0 International Public License ("Public License"). To the
extent this Public License may be interpreted as a contract, You are granted
the Licensed Rights in consideration of Your acceptance of these terms and
conditions, and the Licensor grants You such rights in consideration of
benefits the Licensor receives from making the Licensed Material available
under these terms and conditions.
This Public License is intended to facilitate the circulation, study,
preservation, adaptation, and collective use of literary and artistic works
outside commercial exploitation, colonial domination, military occupation,
extractive accumulation, and related systems of empire.
Section 1 - Definitions.
-
Adapted Material
means material subject to Copyright and Similar Rights that is derived
from or based upon the Licensed Material and in which the Licensed
Material is translated, altered, arranged, transformed, or otherwise
modified in a manner requiring permission under the Copyright and Similar
Rights held by the Licensor. For purposes of this Public License, where
the Licensed Material is a musical work, performance, or sound recording,
Adapted Material is always produced where the Licensed Material is synched
in timed relation with a moving image.
-
Adapter's License
means the license You apply to Your Copyright and Similar Rights in Your
contributions to Adapted Material in accordance with the terms and
conditions of this Public License.
-
Compatible License
means a license designated by the Licensor, or by a public compatibility
list identified by the Licensor, as essentially equivalent to this Public
License in preserving Attribution, NonCommercial, ShareAlike,
anti-capitalist, and anti-imperialist conditions.
-
Copyright and Similar Rights
means copyright and/or similar rights closely related to copyright
including, without limitation, performance, broadcast, sound recording,
and Sui Generis Database Rights, without regard to how the rights are
labeled or categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and
Similar Rights.
-
Effective Technological Measures
means those measures that, in the absence of proper authority, may not be
circumvented under laws fulfilling obligations under Article 11 of the
WIPO Copyright Treaty adopted on December 20, 1996, and/or similar
international agreements.
-
Exceptions and Limitations
means fair use, fair dealing, and/or any other exception or limitation to
Copyright and Similar Rights that applies to Your use of the Licensed
Material.
-
License Elements
means the license attributes listed in the name of this Public License.
The License Elements of this Public License are Attribution,
NonCommercial, ShareAlike, AntiCapitalist, and AntiImperialist.
-
Licensed Material
means the artistic or literary work, database, or other material to which
the Licensor applied this Public License.
-
Licensed Rights
means the rights granted to You subject to the terms and conditions of
this Public License, which are limited to all Copyright and Similar Rights
that apply to Your use of the Licensed Material and that the Licensor has
authority to license.
-
Licensor
means the individual(s) or entity(ies) granting rights under this Public
License.
-
NonCommercial
means not primarily intended for or directed towards commercial advantage,
private profit, shareholder return, rent extraction, speculative gain, or
monetary compensation. For purposes of this Public License, use by a
for-profit entity is presumed commercial unless the use is solely for
internal study, criticism, research, or archiving and is not connected to
advertising, branding, market positioning, product development, model
training, sale, licensing, fundraising, or revenue generation. The
exchange of the Licensed Material for other material subject to Copyright
and Similar Rights by digital file-sharing or similar means is
NonCommercial provided there is no payment of monetary compensation in
connection with the exchange.
-
Prohibited Entity
means any individual, organization, institution, or state body using the
Licensed Material in connection with:
- military occupation, annexation, colonization, or settlement;
-
apartheid, ethnic cleansing, genocide, persecution, collective
punishment, or forced displacement;
-
intelligence, surveillance, policing, incarceration, border
militarization, detention, deportation, or carceral administration;
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extraction or enclosure of land, water, labor, culture, or knowledge
for private accumulation;
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advertising, propaganda, public relations, lobbying, or narrative
laundering in support of any activity listed in this definition; or
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fossil fuel expansion, arms manufacturing, mercenary contracting, or
other materially comparable systems of violent domination or
dispossession.
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Share
means to provide material to the public by any means or process that
requires permission under the Licensed Rights, such as reproduction,
public display, public performance, distribution, dissemination,
communication, or importation, and to make material available to the
public including in ways that members of the public may access the
material from a place and at a time individually chosen by them.
-
Sui Generis Database Rights
means rights other than copyright resulting from Directive 96/9/EC of the
European Parliament and of the Council of 11 March 1996 on the legal
protection of databases, as amended and/or succeeded, as well as other
essentially equivalent rights anywhere in the world.
-
You
means the individual or entity exercising the Licensed Rights under this
Public License. Your has a corresponding meaning.
Section 2 - Scope.
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License grant.
-
Subject to the terms and conditions of this Public License, the
Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to exercise the
Licensed Rights in the Licensed Material to:
-
reproduce and Share the Licensed Material, in whole or in part,
for NonCommercial purposes only; and
-
produce, reproduce, and Share Adapted Material for NonCommercial
purposes only.
-
For the avoidance of doubt, no license is granted to any Prohibited
Entity, nor for any use in support of a Prohibited Entity, whether or
not that use is nominally NonCommercial.
-
Exceptions and Limitations. For the avoidance of
doubt, where Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with its terms
and conditions.
-
Term. The term of this Public License is specified in
Section 6(a).
-
Media and formats; technical modifications allowed.
The Licensor authorizes You to exercise the Licensed Rights in all
media and formats whether now known or hereafter created, and to make
technical modifications necessary to do so. The Licensor waives and/or
agrees not to assert any right or authority to forbid You from making
technical modifications necessary to exercise the Licensed Rights,
including technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this Public License, simply
making modifications authorized by this Section
2(a)(4) never produces Adapted Material.
-
Downstream recipients.
-
Offer from the Licensor - Licensed Material.
Every recipient of the Licensed Material automatically receives an
offer from the Licensor to exercise the Licensed Rights under the
terms and conditions of this Public License.
-
Additional offer from the Licensor - Adapted Material.
Every recipient of Adapted Material from You automatically
receives an offer from the Licensor to exercise the Licensed
Rights in the Adapted Material under the conditions of the
Adapter's License You apply.
-
No downstream restrictions.
You may not offer or impose any additional or different terms or
conditions on, or apply any Effective Technological Measures to,
the Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed Material, except
that the anti-capitalist and anti-imperialist restrictions in this
Public License must be preserved.
-
No endorsement.
Nothing in this Public License constitutes or may be construed as
permission to assert or imply that You are, or that Your use of the
Licensed Material is, connected with, or sponsored, endorsed, or
granted official status by, the Licensor or others designated to
receive attribution as provided in Section
3(a)(1)(A)(i).
-
Other rights.
-
Moral rights, such as the right of integrity, are not licensed under
this Public License, nor are publicity, privacy, and/or other similar
personality rights; however, to the extent possible, the Licensor
waives and/or agrees not to assert any such rights held by the
Licensor to the limited extent necessary to allow You to exercise the
Licensed Rights, but not otherwise.
-
Patent and trademark rights are not licensed under this Public
License.
-
To the extent possible, the Licensor waives any right to collect
royalties from You for the exercise of the Licensed Rights, whether
directly or through a collecting society under any voluntary or
waivable statutory or compulsory licensing scheme. In all other cases
the Licensor expressly reserves any right to collect such royalties,
including when the Licensed Material is used other than for
NonCommercial purposes or by or for a Prohibited Entity.
Section 3 - License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
-
Attribution.
-
If You Share the Licensed Material (including in modified form), You
must:
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retain the following if it is supplied by the Licensor with the
Licensed Material:
-
identification of the creator(s) of the Licensed Material and
any others designated to receive attribution, in any
reasonable manner requested by the Licensor (including by
pseudonym if designated);
- a copyright notice;
-
a notice that refers to this Public License;
-
a notice that refers to the disclaimer of warranties;
-
a URI or hyperlink to the Licensed Material to the extent
reasonably practicable;
-
indicate if You modified the Licensed Material and retain an
indication of any previous modifications; and
-
indicate the Licensed Material is licensed under this Public
License, and include the text of, or the URI or hyperlink to, this
Public License.
-
You may satisfy the conditions in Section 3(a)(1)
in any reasonable manner based on the medium, means, and context in
which You Share the Licensed Material. For example, it may be
reasonable to satisfy the conditions by providing a URI or hyperlink to
a resource that includes the required information.
-
If requested by the Licensor, You must remove any of the information
required by Section 3(a)(1)(A) to the extent
reasonably practicable.
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ShareAlike.
In addition to the conditions in Section 3(a), if
You Share Adapted Material You produce, the following conditions also
apply.
-
The Adapter's License You apply must be this Public License, a later
version of this Public License published by the same steward, or a
Compatible License.
-
You must include the text of, or the URI or hyperlink to, the
Adapter's License You apply. You may satisfy this condition in any
reasonable manner based on the medium, means, and context in which You
Share Adapted Material.
-
You may not offer or impose any additional or different terms or
conditions on, or apply any Effective Technological Measures to,
Adapted Material that restrict exercise of the rights granted under
the Adapter's License You apply.
-
Anti-capitalist and anti-imperialist restriction.
-
You may not exercise the Licensed Rights in any manner that generates,
supports, or is materially connected to private profit, extractive
accumulation, speculative gain, or commercial brand advantage, except
where the Licensor has separately granted express written permission.
-
You may not exercise the Licensed Rights if You are a Prohibited
Entity or if Your use materially supports, legitimizes, trains,
assists, advertises, or launders the public image of a Prohibited
Entity.
-
This restriction applies whether the use is direct or indirect, and
whether the Licensed Material is used in full, in part, in excerpted
form, in adaptation, in dataset form, in training material, in
promotional material, or as part of a larger collection.
Section 4 - Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that apply to
Your use of the Licensed Material:
-
for the avoidance of doubt, Section 2(a)(1) grants
You the right to extract, reuse, reproduce, and Share all or a substantial
portion of the contents of the database for NonCommercial purposes only
and never by or for a Prohibited Entity;
-
if You include all or a substantial portion of the database contents in a
database in which You have Sui Generis Database Rights, then the database
in which You have Sui Generis Database Rights (but not its individual
contents) is Adapted Material, including for purposes of Section
3(b); and
-
You must comply with the conditions in Section 3(a) if
You Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements
and does not replace Your obligations under this Public License where the
Licensed Rights include other Copyright and Similar Rights.
Section 5 - 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 Public 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.
Section 6 - Term and Termination.
-
This Public License applies for the term of the Copyright and Similar
Rights licensed here. However, if You fail to comply with this Public
License, then Your rights under this Public License terminate
automatically.
-
Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates:
-
automatically as of the date the violation is cured, provided it is
cured within 30 days of Your discovery of the violation; or
- upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does
not affect any right the Licensor may have to seek remedies for Your
violations of this Public License.
-
For the avoidance of doubt, the Licensor may also offer the Licensed
Material under separate terms or conditions or stop distributing the
Licensed Material at any time; however, doing so will not terminate this
Public License.
-
Sections 1, 5, 6,
7, and 8 survive termination of this
Public License.
Section 7 - Other Terms and Conditions.
-
The Licensor shall not be bound by any additional or different terms or
conditions communicated by You unless expressly agreed.
-
Any arrangements, understandings, or agreements regarding the Licensed
Material not stated herein are separate from and independent of the terms
and conditions of this Public License.
Section 8 - Interpretation.
-
For the avoidance of doubt, this Public License does not, and shall not be
interpreted to, reduce, limit, restrict, or impose conditions on any use
of the Licensed Material that could lawfully be made without permission
under this Public License.
-
To the extent possible, if any provision of this Public 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 Public License without affecting the
enforceability of the remaining terms and conditions.
-
No term or condition of this Public License will be waived and no failure
to comply consented to unless expressly agreed to by the Licensor.
-
Nothing in this Public License constitutes or may be interpreted as a
limitation upon, or waiver of, any privileges and immunities that apply to
the Licensor or You, including from the legal processes of any
jurisdiction or authority.
This is an independent custom license. It is adapted from publicly
available license text structure. It is not a Creative Commons license,
is not approved by Creative Commons, and must not be presented using
Creative Commons trademarks or as a Creative Commons legal tool.