Creative Commons Legal Code

Attribution 3.0 Uganda

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

Licence

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY THE COPYRIGHT AND/OR OTHER APPLICABLE LAWS INCLUDING THE UGANDA COPYRIGHT AND NEIGHBOURING RIGHTS ACT NO.19 OF 2006. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR APPLICABLE LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, THE USER ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENCE. TO THE EXTENT THIS LICENCE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS THE USER THE RIGHTS CONTAINED HERE IN CONSIDERATION OF THE USER'S ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Derivative Work" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic derivative work or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered a Derivative Work for the purpose of this Licence. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered Derivative Work for the purpose of this Licence.

  2. "Collection" means a collection of literary or artistic works, such as encyclopedias and anthologies, or performances, phonograms or broadcasts, or other works or subject matter other than works listed in Section 1(f) below, which, by reason of the selection and arrangement of their contents, constitute intellectual creations, in which the Work is included in its entirety in unmodified form along with one or more other contributions, each constituting separate and independent works in themselves, which together are assembled into a collective whole. A work that constitutes a Collection will not be considered a Derivative Work (as defined above) for the purposes of this Licence.

  3. "Distribute" means to make available to the public the original and copies of the Work or Derivative Work, as appropriate, through sale or other transfer of ownership.

  4. "Licensor" means the individual, individuals, entity or entities that offer(s) the Work under the terms of this Licence.

  5. "Original Author" means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition (i) in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore; (ii) in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and, (iii) in the case of broadcasts, the organization that transmits the broadcast.

  6. "Work" means the literary and/or artistic work offered under the terms of this Licence including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.

  7. "User" means an individual or entity exercising rights under this Licence who has not previously violated the terms of this Licence with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.

  8. "Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.

  9. "Reproduce" means to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.

2. Fair Use Rights. Nothing in this Licence is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under the Uganda Copyright and Neighbouring Rights Act no.19 of 2006 or other applicable laws.

3. Licence Grant. Subject to the terms and conditions of this Licence, Licensor hereby grants the User a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;

  2. to create and Reproduce Derivative Work provided that any such Derivative Work, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";

  3. to Distribute and Publicly Perform the Work including as incorporated in Collections; and,

  4. to Distribute and Publicly Perform Derivative Work.

  5. For the avoidance of doubt:
    1. Non-waivable Compulsory License Schemes. In the event that the relevant law provides that the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by the User of the rights granted under this Licence;

    2. Waivable Compulsory License Schemes. In the event that the relevant law provides that the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor waives the exclusive right to collect such royalties;

    3. Voluntary License Schemes. The Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by the User of the rights granted under this Licence.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. Subject to Section 8(f), all rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The licence granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. The User may Distribute or Publicly Perform the Work only under the terms of this Licence. The User must include a copy of, or the Uniform Resource Identifier (URI) for, this Licence with every copy of the Work the User Distributes or Publicly Performs. The User may not offer or impose any terms on the Work that restrict the terms of this Licence or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the Licence.

    The User may not sublicense the Work.

    The User must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work Distributed or Publicly Performed by the User.

    When the User Distributes or Publicly Performs the Work, they may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from the User to exercise the rights granted to that recipient under the terms of the Licence.

    This Section 4(a) applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this Licence.

    If the User creates a Collection, upon notice from any Licensor, the User must, to the extent practicable, remove from the Collection any credit as required by Section 4(b), as requested.

    If the User creates a Derivative Work, upon notice from any Licensor the User must, to the extent practicable, remove from the Derivative Work any credit as required by Section 4(b), as requested.

  2. If the User Distributes, or Publicly Performs the Work or any Derivative Work or Collections, they must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means they are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of Derivative Work, a credit identifying the use of the Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author").

    The credit required by this Section 4(b) may be implemented in any reasonable manner; provided, however, that in the case of Derivative Work or a Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Derivative Work or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors.

    For the avoidance of doubt, the User may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising rights under this Licence, the User may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of that User's use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

  3. Moral Rights remain unaffected to the extent they are recognized and are not waivable by applicable law.

5. Representations, Warranties and Disclaimer

UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, THE LICENSOR OFFERS THE WORK AS-IS.

6. Limitation on Liability

EXCEPT TO THE EXTENT REQUIRED BY THE APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR BE LIABLE TO A USER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENCE OR THE USE OF THE WORK, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This Licence and the rights granted hereunder will terminate automatically upon any breach by the User of the terms of this Licence. Individuals or entities who have received Derivative Work or Collections from the User under this Licence, however, will not have their licences terminated provided such individuals or entities remain in full compliance with those licences. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this Licence.

  2. Subject to the above terms and conditions, the licence granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Licensor reserves the right to release the Work under different licence terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this Licence (or any other licence that has been, or is required to be, granted under the terms of this Licence), and this Licence will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time the User Distributes or Publicly Performs the Work or a Collection, the Licensor offers to the recipient a licence to the Work on the same terms and conditions as the licence granted to the User under this Licence.

  2. Each time the User Distributes or Publicly Performs Derivative Work, the Licensor offers to the recipient a licence to the original Work on the same terms and conditions as the licence granted to the User under this Licence.

  3. If any provision of this Licence is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Licence, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

  4. No term or provision of this Licence shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

  5. This Licence constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from the User. This Licence may not be modified without the mutual written agreement of the Licensor and the User.

  6. The rights granted under, and the subject matter referenced, in this Licence were drafted utilizing the terminology of the Uganda Copyright and Neighbouring Rights Act no.19 of 2006, the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in Uganda or relevant jurisdiction in which the Licence terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this Licence, such additional rights are deemed to be included in the Licence; this Licence is not intended to restrict the license of any rights under the Uganda Copyright and Neighbouring Rights Act no.19 of 2006 or any other applicable law.

Creative Commons Notice

Creative Commons is not a party to this Licence, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to the User or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this licence. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of a Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, Creative Commons does not authorize the use by either party of the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this Licence.

Creative Commons may be contacted at http://creativecommons.org/.