Version 1.0, July 2000
Copyright (C) 2000 Jean-Michel Smith 531 S. Plymouth Court, Chicago, IL 60605 USA Everyone is permitted to copy and distribute verbatim copies of this License. Changing it, however, is not permitted.
Most licenses for source materials such as manuscripts, musical scores, and novels, as well as media recordings of performances such as motion pictures, concerts, radio dramas, and video clips, are designed to restrict your freedom to share and change the licensed Work. This License is intended to do the opposite: to guarantee everyone the right to share material licensed under terms which afford everyone the freedom to copy, change, and incorporate into their own Work any material licensed under the Free Media License, as long as they in turn agree to release any Work containing said material (generally referred to as "derivative Works") under the Free Media License as well.
In other words, this License is a kind of "copyleft," in that it requires that any Works containing material licensed under the terms of this License be themselves Free in the same sense and under the same terms. Put simply, if you use material licensed under the Free Media License in your own Work, then you must release that Work under the Free Media License as well.
The consideration that one as a content creator receives is not financial, but rather the guarantee that any Works derived from one's Work will in turn be free, both for oneself and for others to copy and make use of in turn. However, this does not preclude one from selling one's Work for a profit, or even selling the Work of others, so long as such Works are distributed in accordance to the terms of this License. This License does, however, forbid the seller from restricting the buyer's right in any way to copy or modify the Work as they wish in turn, provided they adhere to the terms of this License.
When we speak of "Free" in this document, we are referring to Freedom (Libre), not price (Gratis). This License is intended to insure you have the freedom to copy and distribute material licensed under these terms, and charge for the service if you wish, that you can obtain a useful ("transparent") copy if you want it, that you can modify the material as long as you acknowledge such modifications and take responsibility for them yourself while acknowledging the original creator's contributions, and that you know you can do these things.
In releasing the Work under this License, the Work's creator has protected your rights by (1) copyrighting the Work, (2) offering you this License which not only gives you legal permission to use, copy, distribute, and modify the Work, but which also (3) forbids anyone from denying you these rights, or requesting that you surrender these rights, and which (4) forbids you from denying anyone else these rights, or requesting that they surrender their rights.
This License has been designed to facilitate the sharing, distribution, and collaborative creation of free movie scripts, musical scores, and the like, as well as their realization and performance, live or recorded, literal or interpreted, in any medium. This includes for example theatrical plays, musical performances, book readings, motion pictures, and reproductions thereof in any form. This license is not limited to use for these products, however. Creators of any Work are free to use this License for whatever material they wish to release, in any medium, in order to assure its Freedom and the Freedom of any Works which derive from or incorporate their Work.
This License is designed to complement the GNU General Public License, a License designed for free software, and the GNU Free Documentation License, a License designed for written Works, textbooks, and software documentation.
This License applies to any artistic Work, including but not limited to written Works such as novels, manuscripts, or musical scores, as well as any performances such as a theatrical plays, motion pictures, concerts, or any reproduction thereof in any medium, as well as any Work created or derived from one or more Works that contains a notice placed buy the copyright holder saying it can be distributed under the terms of this License.
COPYRIGHT. The copyright of each Work licensed under this License is owned by its author(s), creator(s), or designee.
SEVERABILITY. If any part of this License is found to be unenforceable in any jurisdiction, the remaining portions of the License remain in force.
NO WARRANTY. Works released under this License are provided "as is" without warranty of any kind, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or warranty of non-infringement.
Any member of the public is a licensee, and is addressed as "you."
A "Document" refers to any written Work, such as a manuscript, book, musical lyrics, or musical score.
A "Performance" refers to any live or recorded performance of the Work, such as a motion picture created from a manuscript released under this License, a theatrical play, a concert, or a studio recording session.
A "Recording" refers to the reproduction of a performance in any medium whatsoever, including but not limited to digital OggVorbis or mp3 format, DVD, compact disc, tape, photographic plate, or vinyl.
A "Work" is a generalized term which includes Documents, Performances, Recordings, and any other work of art.
A "Derivative Work" is any Work which has taken material in some form from a Work released under this License. For example, a television broadcast which has included footage from a motion picture released under this License, a novel based on a manuscript released under this License, a concert performance of a musical score released under this License, where the performance has changed or reinterpreted the score, or a television series created based upon a movie, novel, or other creative Work released under this License.
"Source Material" is any Work released under this License, upon which a Performance or Derivative Work was based. For example, a musical score whose recorded performance is included in the sound track of a motion picture would be a portion of the source material, as would the recorded performance itself and the movie script. Another example would be the povray and renderman animation sources used for special effects.
A "Creator" is any creator of a Work, including authors, score and song writers, as well as movie directors, producers, technical artists, and actors.
A "Clear" or "Transparent" copy is a machine-readable copy, represented in a format whose specifications are available to the general public, whose contents can be viewed and edited directly and in a straightforward manner using software and hardware adhering to open, published standards. In contrast, a copy made in an otherwise transparent file format whose markup has been designed to thwart or discourage subsequent modification by others is not Transparent. This includes such measures as "watermarking," encryption schemes such as DVD-CSS, and other restrictions which hinder others from making free use of the Work. A copy which is not Transparent is called "Opaque."
Examples of suitable formats for Transparent copies include for video: celluloid (films), consumer digital video format, unencrypted DVD format, and studio quality digital or studio quality, first generation quality analog videotape; for audio: raw digital compact disk, wav, OggVorbis, and MPEG 2 Level III format; for animations and special effects: Renderman and Povray formats; for video stills or photographs: JPEG, PNG, Gimp, and Photoshop Formats; for written Works, such formats as defined by the GNU Free Documentation License; and for software such formats as defined by the GNU General Public License.
Examples of opaque formats include Encrypted DVD, SDMI, any watermarked formats, and for written Works, such formats as defined by the GNU Free Documentation License.
A "Cover" refers to the media packaging visible to anyone without actually accessing the media itself. For a live performance this would typically be the Marquee, advertising posters, or printed Program. For a recording this would typically be the cassette tape cover, DVD cover, compact disc cover, or album jacket.
"Cover Texts" are certain short passages of texts that are listed, as Front-Cover Texts or Back-Cover Texts, in the notice that says that the Document, Performance, or Recording is released under this License.
The "Credits Section" refers to the section of the performance which delineates who the Work was written, directed, performed, and produced by. In a motion picture this would typically be the credits at the beginning or end of the film. In a live performance this would typically be in the printed Program. For an audio recording, this would typically be contained in the compact disk cover booklet or back cover, or in the tape or album jacket.
You may copy and distribute verbatim copies of the Work as you receive it, in any medium, provided that you adhere to the following requirements:
Conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all the notices that refer to this License and give to the recipients a copy of this License along with the aforementioned copy of the Work.
You may not use technical measures to obstruct or control the reading, recording, further performance, or further copying of the reproductions you make or distribute.
You may charge a fee for the physical act of transferring a reproduction, and you may at your option offer warranty protection in exchange for a fee.
You may also lend copies, under the same conditions states above, and you may publicly display copies.
You must make the Source Materials of the Work available under the terms of this License, or in the case of printed Works, under the terms of its associated GNU Free Documentation License if the copyright holder has so licensed the Work, or in the case of software under the GNU General Public License, if the copyright holder has so licensed the Work, to any third parties by doing one of the following:
Accompany the Work with the complete corresponding Source Materials in Transparent machine-readable format on a medium customarily used for such content, which must be distributed either under the terms described in the sections entitled "Verbatim Copying" and "Copying in Quantity", or if applicable, for written Works the GNU Free Documentation License, or for software, the GNU General Public License; or
Accompany the Work with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing the duplication, to provide a complete, machine-readable copy of the corresponding Source Materials in Transparent machine-readable format on a medium customarily used for such content; or
Accompany the Work with the information you received as to the offer to distribute the corresponding Source Materials. This alternative is allowed only for noncommercial distribution or lending of a Work, and only if you received the Work with such an offer, in accordance with Subsection (b) above.
If you distribute a large enough number of copies you must also follow the conditions in the section entitled "Copying in Quantity."
The purpose of this section is to insure that large scale reproduction of the Work is done in an appropriate manner, as requested and required by the creator of the Work, and that such copies are accessible to the recipient and do not obstruct their free use of the Work in turn, without imposing undue burdens on those who wish to share a few copies of the Work with friends and colleagues in a less formal manner.
If you publish copies of the Work numbering more than one hundred (100) you must, in addition to fulfilling the requirements listed in the section entitled "Verbatim Copying" above, also adhere to the following requirements:
If the Work's License notice requires Cover Texts, you must enclose the copies in covers that carry, clearly and legibly, all these Cover Texts: Front-Cover Texts on the front cover, Back-Cover Texts on the back cover.
Both covers must also clearly and legibly identify you as the publisher of these copies.
The front cover must present the full title with all the words of the title equally prominent and visible.
You may add other material to the cover in addition.
Copying with changes limited to the covers, as long as they preserve the title of the Work and satisfy these conditions, can be treated as verbatim copying in other respects.
If the required texts or images for either cover are too voluminous to fit legibly, you should put the first ones listed (as many as fit reasonably) on the actual cover, and continue the rest onto adjacent pages.
If you publish or distribute the Work in an opaque format, you must either
include a machine readable Transparent copy along with each Opaque copy, or
state in or with each Opaque copy a publicly accessible computer network location containing a complete Transparent copy of the Performance or Recording, free of added material, which the general network-using public has access to download anonymously at no charge using public, standard network protocols.
If you use the latter option, you must take reasonably prudent steps when you begin distribution of Opaque copies in quantity, to ensure that this Transparent copy will remain thus accessible at the stated location until at least one year after the last time you distribute an Opaque copy (directly or through your agents or retailers) of that edition to the public.
The purpose of this section is to clarify that you as the licensee may make use of this Work in the creation of a new Work, in any medium, provided you adhere to all of the requirements of this License, in particular the section entitled "Modifications" below, and provided that you release the new Work under the terms of this License. An example of this would be shooting a film based upon an unmodified script licensed under the terms of this license.
Of course, you may also modify the Work, as specified in the section entitled "Modifications" below, and then use the modified Work to create a new Work, again provided that both the modified Work and the new Work are released under the terms of this License, and that the terms of this License are adhered to, in particular the requirements of the section entitled "Modifications."
The purpose of this section is to protect the original artists' reputations and the integrity of their Work while allowing others to make otherwise unrestricted use of the material, provided they in turn allow others to use the Work so derived under the terms of this License as well.
You may modify your copy of the Work or any portion of it, thus forming a new Work based upon the Work, and copy and distribute such modifications or Work under the terms of the sections above entitled "Verbatim Copying" and "Copying in Quantity," provided you also meet all of these conditions:
You must release the Modified Version under precisely this license, with the Modified Version filling the role of the Work, thus licensing distribution and modification of the Modified Version to whoever possess a copy of it. Do this by including, immediately after the copyright notices, a license giving the public permission to use the Modified Version under the terms of this License, in the form shown in the Addendum below. You may not place additional restrictions on any third parties, or modify the license in any way which places limits on their freedom to use, share, or in turn modify the derived or modified Work.
You must cause any Work that you distribute or publish, that in whole or in part contains or is derived from the Work or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
You must include an unaltered copy of this License.
You must preserve all the copyright notices of the Document, Performance, or Recording, and any associated Licenses.
You must add an appropriate copyright notice for your modifications adjacent to the other copyright notices.
You must preserve the section entitled "History", and its title, and add to it an item stating at least the title, date, new authors, and publisher of the Modified Version as given in the Credits Section. If there is no section entitled "History" in the Work, create one stating the title, year, authors, and publisher listed in the Credits Section of the Work, then add an item describing the Modified Version as stated in the previous sentence.
Preserve the network location, if any, given in the Work for public access to a Transparent copy of the Work and its Source Materials. These may be placed in the "History" section. You may omit a network location that was published at least four years before the Work itself, or if the original publisher of the version it refers to gives permission.
You must cause the modified Work to carry prominent notices stating that you have changed it, along with the date of such change.
Use in the Title and Credits Section (and on the covers, if any) a title distinct from that of the Work, and from those previous versions (which should, if any, be listed in the History section) from which the modified Work was derived.
List in the Credits Section, as authors, performing or contributing artists, one or more persons or entities responsible for authorship and performance of the modifications in the Modified Version.
An easily readable font shall be used, no smaller than that used in the second section of the credits (if any).
These principal artists who contributed to or performed in the modified portion of the Work shall be listed in the first portion of the Credits Section, in the standard format of the industry (e.g. "Staring Jane Doe as June Smith").
Artists who have contributed to Material which remains present in the modified Work shall be credited, in the Credits Section of the Modified Work, in the following manner:
An easily readable font shall be used, no larger than that used in the first section of the credits.
Up to three artists who performed the same function or role (author, technical artist, actor playing a specific role) in the source materials licensed under the terms of this License shall be credited in the second portion of the Credits Section, along with the artist who performed the particular task in the original material. This section shall be conspicuously titled "Material and Performances Used Without Explicit Permission" followed immediately by the following notice:
"This production made use of source materials without explicit permission in accordance to the terms of the Free Media License. In so doing, some or all of the material may have been used out of context or in ways the original creators and participants did not anticipate. The following artists were involved in the creation of the source materials. These artists in no way endorse this work, or the manner in which the source material was used. It is entirely possible that they do not even know of this work's existence, or would not approve of it if they did. See the Free Media License for details on how you may include our work into your projects in the same manner."
This is turn is to be followed by credits for each contributing artist, who shall be listed together with up to two other artists who performed the same task, in reverse historical order, with the title of the original Work appended to their name (e.g. "Staring Janet Doe as June Smith, from A Movie We Took Some Footage From", where "A Movie We Took Some Footage From" is the title of the original film containing the footage of Janet Doe playing the role of June Smith, used in this hypothetical, modified Work.)
Listed last, for each applicable role or task, shall be the original artist, with words identifying them as the original author, actor, director, or other contributing artist along with the title of the original Work they participated in (e.g. "Originally Starring Jill Doe as June Smith in An Old Flick Relentlessly Robbed for Material").
State in the Credits Section the name of the publisher of the Modified Version, as the publisher.
In any section entitled "Acknowledgments" preserve the section's title, and preserve in the section all the substance and tone of each of the contributor acknowledgments and/or dedications given therein.
Delete any section entitled "Dedications" unless explicitly granted permission by the creator of the source material granting permission for it to be included in the modified Work.
Delete any section entitled "Endorsements." Such a section may not be included in the Modified Version.
Do not retitle any existing section as "Endorsements."
You may add a section entitled "Endorsements," provided it contains nothing but endorsements of your Modified Work by various parties, for example, statements of peer review.
The artists involved in the creation of the Work do not by this License give permission to use their names for publicity or to assert or imply endorsement of any Modified Version. Their names may not be used to assert or imply any such endorsement or publicity without their explicit permission.
You may combine the Work with other Works released under this License, under the terms defined in the section entitled "Modifications," provided that you include in the combination all of the Credit and History Sections of the original Works, unmodified, and list them all as either a Credits or Historical Section of your combined Work in its license notice.
The combined Work need only contain one copy of this License, and multiple identical Credit Sections may be replaced with a single copy. If there are multiple Credit Sections with the same name but different contents, make the title of each such section unique by adding at the end of it, in parentheses, the name of the original Work, author, or publisher of that section, if known, or else a unique number. Make the same adjustments to the section titles in the list of Credit and Historical Sections in the license notice of the combined Work.
In the combination, you must combine any sections entitled "History" in the various original Works, forming one section entitled "History"; likewise combine any sections entitled "Acknowledgments", and any sections entitled "Dedications." You must delete all sections entitled "Endorsements."
You may make a collection consisting of the Work and other Works released under this License, and replace the individual copies of this License in the various Works with a single copy that is included in the collection, provided that you follow the rules of this License for verbatim copying of each of the Works in all other respects.
You may extract a single Work from such a collection, and distribute it individually under this License, provided you insert a copy of this License into the extracted Work, and follow this License in all other respects regarding verbatim copying of that Work.
A compilation of the Work or its derivatives with other separate and independent Works, in or on a volume of a storage or distribution medium, does not as a whole count as a Modified Version of the Work, provided no compilation copyright is claimed for the compilation. Such a compilation is called an "aggregate", and this License does not apply to the other self-contained Works thus compiled with the Work, on account of their being thus compiled, if they are not themselves derivative Works of the Work.
If the Credits Section requirement of the section above entitled "Copying in Quantity" is applicable to the Work, then if the Work is less than one quarter of the entire aggregate, the Work's Cover Texts and Credits may be placed around the section that surround only the Work within the aggregate. Otherwise they must appear on the Covers and Credits Section around the whole aggregate.
Translation is considered a kind of modification, so you may distribute translations of the Work under the terms of the section above entitled "Modifications." Replacing Credits and History Sections with translations requires special permission from their copyright holders, but you may include translations of some or all Credits and Historical Sections in addition to the original versions of these Credits and Historical Sections. You may include a translation of this License, provided that you also include the original English version of this License. In case of a disagreement between the translation and the original English version of this License, the original English version will prevail.
In addition to the requirements of this License, it is requested from and strongly recommended of redistributors that:
If you are distributing Works under the terms of this License on hardcopy or other non-trivial media, you provide email notification to the Work's creator(s) of your intent to redistribute at least thirty days before your manuscript or media freeze, to give the Work's creator(s) time to provide updated Works. This notification should describe modifications, if any, made to the Work.
All substantive modifications (including deletions) be either clearly marked up in the Work or else described in an attachment to the Work.
Finally, while it is not mandatory under this License, it is considered good form to offer a free copy of any hardcopy and media expression of a Work distributed under this License to its creator(s).
You may not copy, modify, sublicense, or distribute the Work except as expressly provided for under this License. Any other attempt to copy, modify, sublicense, or distribute the Work is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to use, modify or distribute the Work or its derivative Works. These actions are prohibited by law if you do not accept this License. Therefore, by using, modifying, or distributing the Work (or any Works based on the Work), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Work or Works based on it.
Openflick.Org may publish new, revised versions of the Free Media License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version of the License is given a distinguishing version number. If the Work specifies that a particular numbered version of this License "or any later version" applies to it, you have the option of following the terms and conditions of either that specified version or any later version that has been published (not as a draft) by Openflick.Org. If the Document does not specify a version number of this License, you may choose any version ever published (not as a draft) by Openflick.Org.
(This is not considered part of the License)
To use this License in a Work you have created, include a copy of the License in the Work. In the case of a written Work, we recommend also licensing it under the GNU Free Documentation License in concert with this License. The GNU FDL does an excellent job of addressing further publication and modification of documents.
The reason for this approach is to allow creators and publishers of a Work maximum flexibility in licensing their Work while at the same time ensuring its continued freedom. An author may, for example, write a work a fiction to which they wish to reserve all movie rights. Such an author could release their Work under the GNU FDL and not this License. Another author may wish to see their Work enter the public commons regardless of media, and chose to license it under both the GNU FDL (with respect to publishing the written Work) and this License, enabling others to modify it into a movie script, shoot the film, and in turn release it, so long as they do so under the terms of this license. Another party may then chose to take the film and create a television series based upon it. This is expressly permitted, so long as the television series is released under the terms of this License as well.
In the case of a live performance, include a copy of the license in printed form, as an appendix to the printed Program or as a separate document. In the case of a recording, in addition to a written copy of the license and copyright notice, a copyright notice informing the viewer or listener of their rights should be conspicuously present on the medium itself, both on the cover and in either spoken or visual form (for example, to replace the "FBI Warning" one often sees at the beginning of a video, or to replace the quick "all rights reserved" blurb so often heard on radio broadcasts). For a written Work, only the printed form is needed, using the following form:
Copyright (C) YEAR YOUR NAME. Permission is granted to copy, distribute and/or modify this work under the terms of the Free Media License, Version 1.0 or any later version published by Openflick.Org. A copy of the license is included in printed form entitled "Free Media License" and can be viewed on-line at http://openflick.org/copyleft/fml.html Please be aware that restrictions as to CREDITS, Cover Texts, and Historical Sections relevant to this production are listed in the printed license provided with this copy.
If you wish to provide a detailed License listing CREDITS, Front-Cover Text, Back-Cover Text, and Historical sections on-line, add the following pointer to the URL at the end of the text above:
A full copy of the printed license is also available at LIST YOUR URL HERE
Even if you provide a URL with the full license, including the Credits, Cover Texts, and Historical Sections, you still need to provide a printed copy with each copy of the Work distributed.
Again, as noted before, if your Work contains non-trivial Documents (manuscripts, musical scores, and the like), we recommend releasing it under the GNU Free Documentation License in parallel to this License, to permit its use in other Free Documents, Musical Scores, Manuscripts, and the like.
If your Work contains non-trivial program code (such as might be used for animations or special effects) we recommend releasing this code in parallel under your choice of free software license, such as the GNU General Public License, to permit its use in free software.
The Free Media License is maintained by Jean-Michel Smith (jean@kcco.com)
The GNU GPL and the GNU FDL are copyrighted by the Free Software Foundation (http://www.fsf.org/)
The Open Publication License is copyrighted by Open Content (http://opencontent.org/)
The Free Media License is Copyrighted by Jean-Michel Smith (http://openflick.org/).