Pad.ma General Public License Version. 1.0
Draft License: For Discussion Only
This Draft License is provided as a working version of the license which accompanies the beta version of the Pad.ma Archive.
The proliferation of visual material in the form of photographs and video has changed our ideas of the archive, and of historically valuable material. Towards this end, the Pad.ma archive seeks to facilitate an easier ways in which film makers can make their footage available to a wide public, while inviting the public to enrich the video archive by contributing to the annotation of the video material that is made available.
The Pad.ma GPL seeks to capture the spirit of collaboration and exchange through which we can build a public debate around the role of the image, and new practices tat may be generated though the sharing of images.
Terms and Conditions
The work is provided under the terms of this Pad.ma General Public License ("PGPL" or "license"). By exercising any rights to the work provided herein, you accept and agree to be bound by the terms of this license. The licensor grants you the rights contained here in consideration of your acceptance of such terms and conditions.
means a work based upon the Work or upon the Work and other preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted.
means the individual/s and/or entities who own/s all rights, title and interests, including copyright in a Work and offers the Work under the terms of this License.
means any work as defined under the Copyright Act, 1957, which is offered under the terms of this License.
means an individual/s and/or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
The Pad.ma Archive consists of footage of cinematograph films (‘film’), literary works, photographs and sound recordings.
Subject to the terms and conditions of this License, the Licensor hereby grants You, in consideration of You exercising the rights, a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in each of the Works as provided below.
Nothing in this license is intended to reduce, limit, or restrict any rights arising from any fair dealing, statutory right, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
2.1 Literary Works, Sound recordings and Photographs
In the case of all Works, other than cinematograph films, the Licensor permits You, subject to clause 3 of this license.
2.1.1 To reproduce the Work, to incorporate the Work into one or more Collective Works or Anthologies, and to reproduce the Work as incorporated in Collective Works or anthologies;
2.1.2 To create and reproduce Adaptations of the Work;
2.1.3 To distribute copies or, display or perform publicly including by means of a digital transmission, the Work, including as incorporated in Collective Works;
2.1.4 To distribute copies of, display, communicate to the public or perform publicly, including by means of a digital transmission the Adaptations of the Work;
2.1.5 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.
2.2 Cinematograph Films
2.1.5 Note: we have to discuss this question of the licensed format in greater detail
In the case of Cinematograph Films, the license is applicable only to a medium resolution of the cinematograph film (‘film’) available in the format specified (‘licensed format’) in Appendix A of this agreement, and the licensor reserves the right to license other versions of the film, available in other versions and formats, under term and conditions which may be varied from those provided by the PGPL. In relation to the licensed format, the Licensor grants you the following rights
2.2.1 To view the film online via a streaming low resolution video available on the pad.ma website
2.2.2 To download a medium resolution version in a licensed format, of the film on to your personal computer
2.2.3 To make copies of the licensed format of the film, and circulate such copies including a photograph of any image forming part thereof in any manner, including over the internet.
2.2.4 To communicate the film or any part thereof to the public in the licensed format, through any means
2.2.5 To reproduce or communicate the licensed format of the film, through an incorporation of the film, or a part thereof in another cinematograph film.
3. Terms and Conditions
The license granted in Section 2.1 and 2.2, above, is expressly made subject to and limited by the following restrictions:
3.1 For All Works
3.1.1 You may exercise the rights granted only under the terms of this License and You must include a copy of this License, or the Uniform Resource Identifier for this License with every copy the Work You distribute, publicly display or publicly perform.
3.1.2 If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Adaptation or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing, the following: The name of the Author (or pseudonym, if applicable) if supplied, and/or; If the Author and/or Licensor designates another party or parties (e.g. a sponsor institute, An NGO or Academic Institution) for attribution in the Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; The Title of the Work if supplied;
3.1.3 You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties.
3.2 Conditions Specific to Works, other than Cinematograph Films
3.2.1 In the event that you create any adaptation or derivative work based on any literary work or photograph, then You may distribute, publicly display, publicly perform, or publicly digitally perform such Adaptation or Derivative work only under the terms of this License, a later version of this License with the same License Elements as this License, or an Open Content License that contains the same License Elements as this License (e.g. Creative Commons Attribution-ShareAlike 2.5 India). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy of each Adaptation You distribute, publicly display, publicly perform, or publicly digitally perform.
3.2.2 You may not offer or impose any terms on the Adaptations that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties.
3.3 Conditions specific to Cinematograph Films
In addition to the terms and condition imposed in Clause 3.1 of this license, the following terms and conditions shall apply in the case of Cinematograph films
3.3.1 In the event that you reproduce or communicate the licensed format of the film, through an incorporation of the film, or a part thereof in another cinematograph film (‘secondary film’), you hereby agree to distribute a copy of the secondary film, in a format at least equivalent to the Work, under the terms of this License or a later version of this License, or a license with the same License Elements as this License. You agree to include a copy of, or the Uniform Resource Identifier for such License, with every copy of the secondary film in licensed format You distribute, publicly display, publicly perform, or publicly digitally perform.
3.3.2 You shall be free to license the film in all formats, other than the licensed format in any manner that you choose, and such formats shall only be subject to the terms of the Pad.ma GPL at your discretion.
3.3.3 You hereby agree to submit the secondary film to the Pad.ma archive, or any other equivalent online space through which the general public will have access to it, to be able to exercise their rights enumerated in clause 2.2 of this license. In the event that you choose to make the work available in a space other than the Pad.ma archive, you agree to inform the administrators of the Pad.ma archive, and provide a link to the Pad.ma archive, and to the original licensed format of the film, which the secondary film incorporates or adapts.
3.3.4 You hereby expressly agree to license a copy of such secondary film in the licensed format to the Pad.ma archive under terms of this License, and acknowledge the right of the Pad.ma archive to make such uses of the secondary film as are consistent with the terms of this license.
4. Representations, Warranties and Disclaimer
4.1 Unless otherwise mutually agreed to by the parties in writing, the licensor offers the work as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.
4.2 You warrant that you are the copyright holder of the contributions when you submit them to the Pad.ma archives, or the works that have been submitted are being submitted in exercise of your fair dealing right.
5. Limitation on Liability
Except to the extent required by applicable law, in no event will the Licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the work.
6.1 This License and the rights granted hereunder will terminate automatically upon any breach or non-performance by You of the terms and conditions of this License. Individuals or entities who have received Adaptations or Collective Works from You under this License however, will not have their licenses terminated provided such individuals or entities remain in full compliance with their licenses. Sections 3, 4, 5 and 6 will survive any termination of this License.
6.2 Subject to the above terms and conditions, the license 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 license terms or to stop distributing the Work at any time; provided, however that any such release under different license terms or cessation of distribution of the Work will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
7.1 Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
7.2 Each time You distribute or publicly digitally perform a Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
7.3 If any provision of this License is void, invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, 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.
7.4 No term or provision of this License 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.
7.5 This Licence constitutes the entire agreement between the parties with respect to the Work licensed here. To the full extent permitted by applicable law, 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 You. This Licence may not be modified without the mutual written agreement of the Licensor and You.
7.6 Words and Phrases not defined herein shall to be extent possible have the same meaning as given to them in the Copyright Act, 1957.
7.7 This agreement shall be deemed to be a contract made in India and shall be construed and applied in all respects in accordance with Indian law and the parties hereto submit and agree to the jurisdiction of the Indian courts.
The Pad.ma Archive is not a party to this License, and makes no warranty whatsoever in connection with the Work. You accept and acknowledge that Pad.ma Archive will not be liable to You 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 license. Notwithstanding the foregoing two (2) sentences, if Pad.ma or any of its members has expressly identified itself as the Licensor hereunder, it shall have all the rights and obligations of a Licensor.