OPEN MUSIC LICENSE, VERSION 0.5
http://www.lysdexia.org/oml/OML-0.5.TXT
Spirit of the License:
Music, being such a vital part of human existance, should be free.
Free to produce & perform, share & distribute, modify & adapt, and
hear & enjoy. This License is designed with the following goals in
mind:
To promote the sharing of music on all levels from
songwriting, production, and performance to the free
distribution between Musicians and Listeners alike.
To protect the rights of Original Artists and Contributing
Musicians in such a way that Musical Material can be freely
shared for Non-Commercial use and Performance, but not
"stolen" for other Commercial Use.
To give credit to Original Artists and Contributing Musicians
where credit is due.
To allow Original Artists to give their musical Material away
for free and ensure that it remains forever free throughout
all of its modifications, with enough rights retained to not
detract from their livlihood and way of earning a living by
sharing musical Material.
Definitions:
License:
This licensing document.
License Version:
The version of this License that protects musical Material.
Work:
Any singularly identifiable piece of music, be it a song,
album, symphony, movement, etc., presented to its audience by
the Musician.
Source:
Any (but not necessarily all) source material used in the
production of a musical Work, be it sheet music, MIDI files,
samples, synthesizer patches, software project files,
multi-track audio recordings, etc.
Material:
Musical Work or Source.
Material Version:
Version of the Material presented by this License. Each
revision or modification released under this License
constitutes a new Material Version.
Entity:
A musician, band, orchestra, studio engineer, recording label,
business, government, religious organization, etc.
Listener:
An Entity which listens to and shares musical Works.
Musician:
An Entity which writes, performs, or produces, or otherwise
contributes to a musical Work protected by this License.
Performance:
The live performance of a musical Work by a Musician or the
recorded playback of a musical Work for an audience of
Listeners.
Recipient:
Any Musician or Listener who receives a copy of Material
protected by this License.
Original Work:
Initial version of a Work protected by this License.
Original Source:
Initial version of a Source protected by this License.
Original Material:
Original Work or Original Source.
Orignal Artist:
The Musican who first created the Original Material covered by
this license.
Contributing Musician:
A Musician who is not the Original Artist who contributes to
musical Material.
Distribution Mechanism:
Method in which a Work is transmitted from Musician to
Listener, or in which a Source is transmitted between
Musicians.
Public Domain:
Musical Material provided to the public, free of any license,
copyright, or patent.
Proprietary:
Musical Work or Source provided via a license that is neither
Public Domain nor open to unencumbered sharing,
Larger Work:
Inclusion of the Material protected by this license with any
Material not protected by this license.
Commercial Use:
Distribution of musical Material as part of a Larger Work
under a Proprietary license and/or for profit.
Non-Commercial Use:
Distribution of musical Material as part of a Larger Work, not
for commercial profit and unencumbered by any Proprietary
license.
Public Use:
Distribution of a musical Work or Source as part of a Larger
Work via the Public Domain or this License.
Modifications:
Changes to the Material protected by this License.
Derivitave Material:
Material produced through Modifications to Material protected
by this License.
Significant Contribution:
Modifications or additions to Material that are Significant,
noticeable by at least 10% of the Listeners, or covering at
least 10% of the Work.
Fair Use:
The use of a portion, up to and including a total of 10% (or
more where local law applies), of any singular musical Work, to
be used in the production of a Larger Work not protected by this
license.
License Options:
Options chosen by the Original Artist that contain specific
requirements and grant specific rights to the Recipient.
MUST:
Mandatory requirement for this License to be valid.
MAY:
Allowed, but not a mandatory requirement for this License to
be valid.
Changelog:
Documentation via the same Distribution Mechanism as the
Source, containing name and contact information for the
Original Artist, each Contributing Musician, as well as the
date of each Information Version. The Changelog must be easily
locatable by the Musician. The purpose of this Changelog
shall be to provide prestige, encourage sharing, and assist
conflict resolution of mismatched licenses.
License Requirements:
All rights to the Material protected by this License, for all
Commercial, Non-Commercial, and Public use, are retained by
the Original Artist. Certain rights are extended by the
Original Artist to Contributing Musicians and to Listeners, as
described in this License.
Any Derivitave Material MUST be released under this License
Version of this License, or any later version of the Open
Music License, with the same License Option as chosen by the
Original Artist.
Any Derivitave Material must be released with Changelog
updates. The names of the Original Artist and Contributing
Musicians making Significant Contributions must be displayed
prominently with the title of the Material.
If the Material protected by this License is released as part
of a Larger Work for Commercial Use, then Material covered by
this license MUST NOT comprise more than 20% of the Larger
Work without the written consent from the Original Artist.
It is each Contributing Musician's personal responsibility to
ensure that Modifications do not include Material that
infringe upon a pre-existing license. IE: Do not include
other Material released under ASCAP or BMI licensing, unless
the specific use of such Material is considered Fair Use by
the original license and by local law.
If a Recipient partakes in litigation against any Contributing
Musician, including the Original Artist, then all rights
granted by this License to the Recipient are hereby revoked.
If a Recipient modifies this License in any way for the
distribution of Derivitave Material, they hereby revoke all
rights to any Material covered by this License.
If the Material covered by this License is provided as part of
a Larger Work for Commercial Use, a copy of the Larger Work
must be provided, at no-charge, to all Contributing Musicians
listed in the Changelog, including the Original Artist, via
the contact information provided in the Changelog. A fully
transferable, non-expiring license for the Larger Work must
also be provided, at no-cost, to each Contributing Musician,
including the Original Artist.
License Options:
Two License Options are available for this license: The Open Musical
Work Option and the Open Musical Source Option. The Original Artist
MUST choose which License option to use for Original Material released
under this license. A Contributing Musician MUST use the same License
Option as chosen for the Original Material when releasing a new
Material Version.
Open Musical Work:
One of the following notices MUST accompany covered Musical
Works:
This Musical Work is protected as an Open Musical Work
under the Open Music License, version 0.5. Please
visit http://www.lysdexia.org/oml for a current copy of
the Open Music License.
This Work released under the Open Music License, v0.5
http://www.lysdexia.org/oml/OML-0.5.TXT
This License Option requires that all Contributing Musicians,
including the Original Artist, hereby grant to the Recipient
the following rights:
Right to use, reproduce, modify, display, and
re-distribute this Material Version of this Work with
or without Modifications, alone or as part of a Larger
Work for Non-Commerical Use.
Right to reproduce and otherwise re-distribute this
Material Version of this Work, with or without
Modifications, as part of a Larger Work for Commercial
Use. Material covered by this License MUST NOT
comprise more than 25% of the Larger Work.
Right to Perform this Work, with or without
Modifications, for any Non-Commercial Use.
Right to Perform this Work, with or without
Modifications, as part of a Larger Work only, for
Commercial Use.
Right to use, by Fair Use as defined in this License
or by local law if the local law takes precedence,
this Work as part of a Larger Work.
The Source Material used in the production of this Material
Version of this Work, if not already released under the Open
Musical Source Option of this License, MAY be released under
the Open Musical Source Option of this License, at the
discretion of the Contributing Musician or Original Artist
releasing this Material Version of this Work.
This Work MAY be licensed under the Open Musical Source Option
of this License in addition to the Open Musical Work Option.
The live performance of a musical Work by a Musician other
than the Original Artist constitutes a Derivative Work for the
purposes of recording and distribution.
Open Musical Source:
One of the following notices MUST accompany covered Source
Materials:
This Source Material is protected as an Open Musical
Source under the Open Music License, version 0.5.
Visit http://www.lysdexia.org/oml for a current copy of
the Open Music License.
This Source released under the Open Music License, v0.5
http://www.lysdexia.org/oml/OML-0.5.TXT
This License Option requires that all Contributing Musicians,
including the Original Artist, hereby grant to the Recipient
the following rights:
Right to use, reproduce, modify, display, and
distribute this Material Version of this Source
Material, with or without Modifications, alone or as
part of a Larger Work for any Non-Commercial Use.
Right to reproduce and otherwise re-distribute this
Material Version of this Source Material, with or
without Modifications, as part of a Larger Work for
Commercial Use. Material covered by this License MUST
NOT comprise more than 25% of the Larger Work.
Right to use this Material Version of this Source
Material, with or without Modifications, in the
production of an Original Work or a Derivitave Work,
for Commercial Use or Non-Commercial Use.
Use of this Material Version of this Source Material covered
by this License in the production of a musical Work does NOT
necessarily imply that the Work is Derivitave Material of this
Source Material.
All percentage calculations MUST be made by length in time for
recorded Material, in bars or measures per part for notated Material
such as sheet music or MIDI files, or in total bytes for any Material
distributed in a digital format.
Any rights to Original Material not specifically granted by the
License Option used, including the right to utilize for Commercial
Use, are reserved for the Original Artist.
Any rights to Derivative Material not specifically granted by the
License Option used are reserved for the Contributing Musicians and
the Original Artist.
COVERED MATERIAL IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED MATERIAL IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED MATERIAL IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
