关于对CC系列知识共享许可证【CC BY-SA 4.0】 的理解及整理

看了CC官网的中文華語译本,好多地方直译的难以理解,我结合英文原版加上自己的理解做了整理。 不过话说回来,这个 CC License 和 MIT License 之类的开源软件许可证一样,原版按英文提供,条款太多且晦涩难懂,中文翻译可能失去了原意,所以感觉不太适合中国大陆国情。正如易软天创公司所言,“对于绝大多数的中国用户(包括开发者、最终用户、第三方开发者)来讲这些条款都比较晦涩,难以理解。虽然有中文翻译的版本,但也都比较难以理解,而且缺乏权威。”。类似的,中国开源云联盟也说,“现有许可证中的条款的表述比较晦涩,容易因理解有误而违约。”因此,在开源软件领域,他们另起炉灶起草了适合中国国情的ZPLMulanPSL


CC BY-SA 4.0 License

全称为 Creative Commons Attribution-ShareAlike 4.0 International Public License(知识共享 版权归属-相同方式共享 4.0 国际 公共许可证),简称为 CC BY-SA 4.0。

适用范围

本许可证适用于自由文化作品,包括但不限于网站、图像、视频、博客、电子文档、书籍、数据集等。

内容摘要

您可以自由地:

共享 — 通过任何媒介和任何形式复制、转载本作品。

改编 — 在任意用途下合成、转换和改造本作品,甚至是商业性的。

只要您遵循许可证条款,版权方就不能收回您的这些权利。

依据下列条款:

注明版权归属 — 您必须附上原始作品的来源及本许可证的链接,同时说明是否修改了原始作品。您可以用任何合理的方式来注明原始作品的版权归属,但是不得以任何方式表明版权方认可您或您的使用。

相同方式共享 — 若您改编了原始作品,则您必须使用和原始作品相同的许可证来分发您的衍生作品。

不得附加限制 — 您不得使用任何法律条款或技术措施,在法律上限制别人做许可证准许的任何事情。

声明:

当你使用本作品中属于公众领域的要素,或当法律有例外或限制条款允许您使用时,您无需遵从本许可证。

不提供担保。本许可证可能不会授予能满足您使用所必须的所有许可,诸如肖像权、隐私权、人格权等可能会限制您如何使用本作品。


上面这个只是“CC BY-SA 4.0”许可证的内容摘要,仅强调许可证的部分关键特点及条款,不具备法律效力,您应该仔细阅读完整的许可证的所有条款及条件。

如何使用

在网站中使用

除非另有说明,否则本站内容依据<a href="https://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA 4.0</a>许可证进行授权,转载请附上出处链接。

在博客中使用

版权声明:本文为<author>原创,依据 [CC BY-SA 4.0](https://creativecommons.org/licenses/by-sa/4.0/) 许可证进行授权,转载请附上出处链接及本声明。

比如,国内大名鼎鼎的CSDN博客使用的格式为:

<这里是博客内容>
————————————————
版权声明:本文为CSDN博主「贵州穿青人」的原创文章,遵循 CC 4.0 BY-SA 版权协议,转载请附上原文出处链接及本声明。
原文链接:https://blog.csdn.net/waplyj/article/details/90319250

在线下文档中使用

本内容依据“CC BY-SA 4.0”许可证进行授权。要查看该许可证,可访问https://creativecommons.org/licenses/by-sa/4.0/

在视频中使用

[外链图片转存失败(img-KyuNeTYp-1568765311204)(https://wiki.creativecommons.org/images/6/6c/By-sa_bw.svg)]

CC 系列许可证版本说明

截至目前(2019年9月18日),CC 系列许可证共有6种形式5个版本:

4.0

· BY

· BY-SA

· BY-NC

· BY-NC-SA

· BY-ND

· BY-NC-ND

3.0

· BY

· BY-SA

· BY-NC

· BY-NC-SA

· BY-ND

· BY-NC-ND

2.5

· BY

· BY-SA

· BY-NC

· BY-NC-SA

· BY-ND

· BY-NC-ND

2.0

· BY

· BY-SA

· BY-NC

· BY-NC-SA

· BY-ND

· BY-NC-ND

1.0

· BY

· BY-SA

· BY-NC

· BY-NC-SA

· BY-ND

· BY-ND-NC

其中的6种形式拆分说明如下:

  1. BY(Attribution,署名归属):您可自由地分享和改编本作品,但您必须注明创作者的版权归属。
  2. NC(Non Commercial,非商业性):您可自由地分享和改编本作品,但您不得用于商业目的。
  3. ND(No Derivatives,禁止改编):你可自由地分享本作品,但您不得合成、转换和改造本作品。
  4. SA(Share Alike,同样分享):你可自由地分享和改编本作品,但您的衍生作品须以同样方式共享。

在没有指定“NC”的情况下,将授权进行商业利用;在没有指定“ND”的情况下,将授权进行改编;在没有指定“SA”的情况下,将不限制进行同样方式分享。

CC 系列许可证版本,可参见 https://wiki.creativecommons.org/wiki/License_Versions#Licenses。

附 CC BY-SA 4.0 许可证完整内容

Creative Commons Attribution-ShareAlike 4.0 International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 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.

Section 1 – Definitions.

​ a. 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.

​ b. 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.

​ c. BY-SA Compatible License means a license listed at creativecommons.org/compatiblelicenses, approved by Creative Commons as essentially the equivalent of this Public License.

​ d. 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.

e. 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.

​ f. 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.

​ g. License Elements means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution and ShareAlike.

​ h. Licensed Material means the artistic or literary work, database, or other material to which the Licensor applied this Public License.

​ i. 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.

​ j. Licensor means the individual(s) or entity(ies) granting rights under this Public License.

​ k. 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.

​ l. 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.

​ m. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Section 2 – Scope.

​ a. License grant.

​ 1. 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:

​ A. reproduce and Share the Licensed Material, in whole or in part; and

​ B. produce, reproduce, and Share Adapted Material.

​ 2. 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.

​ 3. Term. The term of this Public License is specified in Section 6(a).

​ 4. 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.

​ 5. Downstream recipients.

​ A. 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.

​ B. 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.

​ C. 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.

​ 6. 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).

​ b.Other rights.

​ 1. 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.

​ 2. Patent and trademark rights are not licensed under this Public License.

​ 3. 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.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

​ a. Attribution.

​ 1.If You Share the Licensed Material (including in modified form), You must:

​ A.retain the following if it is supplied by the Licensor with the Licensed Material:

​ i. 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);

​ ii. a copyright notice;

​ iii. a notice that refers to this Public License;

​ iv. a notice that refers to the disclaimer of warranties;

​ v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;

​ B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and

​ C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.

​ 2. 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.

​ 3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.

​ b. ShareAlike.

​ In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.

​ 1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License.

​ 2. 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.

​ 3. 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.

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

​ a. 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;

​ b. 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

​ c. 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.

​ a. 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.

​ b. 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.

​ c. 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.

​ a. 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.

​ b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:

​ 1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or

​ 2. 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.

​ c. 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.

​ d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

​ a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.

​ b. 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.

​ a. 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.

​ b. 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.

​ c. 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.

​ d. 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.

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