The realm of creativity and free communication. In other words, the realm of inner and outer dialogue and thus, the realm of ultimate freedom. Different areas of culture are: arts, sciences, philosophy, religion and so forth. Culture develops in works of art, philosophy, et cetera.
The realm of physical industries and products, social structures and socially determined relationships.
All ideas, methods, theories, genres, literary personages and other creations of the free human spirit, fixed in form.
The most important cultural phenomenon. In a work of art, philosophy, science, et cetera, other cultural phenomena are developed and refined. Thus, the cultural phenomena become part of the common treasury of a society. The works we are talking about are: books, paintings, sculptures, story boards, musical pieces, blueprints, models, programs, movies, web sites, et cetera.
A citable medium. A publication, for example, is a source.
An individual or a group of named individuals who have created a work. These may include: translator, restorer, compiler, and so forth.
Publication, performance, production, dissemination and so forth.
Any entity providing incentives for an author.
The world of culture differs from the physical one. It functions under different laws, depends on different circumstances and driving forces, and develops different powers. Ancient Romans said "Natura parendo vincitur", that is "In obeying nature one wins." In other words, we can get the best fruits from nature, if we act in accordance with its laws. Likewise, it is assumed, we can get the best fruits from culture, if we act in accordance with its own laws and do not project on it laws that govern civilization. The quintessential law of the nature of culture is "Ultimate Freedom."
Authoright license's intention is to build a legal framework that implements ideal social relations to provide cultural development to utilize its fruition.
It has taken thousands of years to achieve the commonly accepted understanding that human being cannot be in private possession. A cultural phenomenon, by its nature is much closer to human being than to physical thing. For example, a hero of a book is an acting person for many people and influences them in a greater degree, than physically alive ones.
It has taken thousands of years to achieve the commonly accepted understanding that real property acquired through labor and trade cannot be taken from the owner at someone else's will.
No commonly accepted understanding on proper social relations within culture has been achieved so far. Laws to govern culture are built on some kind of compromise between those to govern private property and something else, which has never been clearly stated and even asked. It is supposed to happen sometime and it is supposed to be a matter of principle, based on the nature of culture itself.
When it comes to culture, all imaginable relationships within it work in the opposite way that their counterparts in civilization do. Let us examine some examples.
Essentially, a work of art is a message to everyone. This is its very nature and driving force. You write (say, paint, sing...) to be read (heard, watched...) and responded to. Even when it is done for some superficial reason such as for money, in fear of punishment, or reaching for fame, this may only work on the surface. A work of art, like any other form of speech, does not belong to anyone, including the author. If it can be said that an artwork belongs to anyone, it is to all mankind. Therefore nobody, including the author should control or restrict any use of a work by people. In addition, an author in his inner dialog, while creating, is as much a receiver as he is a contributor. Author and mankind are on par, and no one owes anything to the other side. Moreover, the author does not lose his work when it gets distributed. Even in every day life when you share your idea with someone, by the very nature of it, you are not loosing it, but developing it and thus, you are becoming richer. In the world of physical things it is opposite: if you let a thing go, you lose it, unless you trade it for something else.
Having said the above, we understand that a work of art gains value every time it meets an audience. No matter what all other circumstances are, the more it is "used," the more valuable it becomes. In the world of physical things it is the opposite: the more you use something the more it depreciates.
Culture is the only reality where humanity develops. The deeper you get into it the more you need it. Thus, the less you get into it the less you need it, the less you know it is important and necessary for you. In the world of physical things (talking about basics) it is opposite: if you need something then your body tells you about it, you satisfy the basic need and it stops bothering you.
Ideally, Authoright should be based on a specific Authoright law, directly addressing the scope and features of Authoright. However, there is no current appropriate law to base Authoright on. The closest legal framework for it is set by the copyright law. Therefore, Authoright License may be based on and enforced within, but not limited to the existing copyright law. Any other law, or contract, whichever singularly or in conjunction with is found suitable, may be used by the author(s) to support Authoright.
Due to the general idea to create a license ideally corresponding to the nature of culture, it is important to keep the license scope and features flexible in order to make it to fulfill its initial idea. Despite it can be changed the Authoright License does not have separate and different versions.
Authoright covers the use of any and all cultural phenomena.
Any cultural phenomenon may be freely used by any entity for any known or currently unknown purpose, creative, commercial or non-commercial, without limitations, permissions, control of any kind from any individual, organization, government or international agency, and so forth.
The right for attribution is unalienable, non-transferable, and non-sharable in any way.
An author entitled to attribution may be an individual, or group of named individuals, only. No other entity of any kind, such as a business, an organization, an agency, a union, a fund and so forth could be considered and attributed as author.
Any entity may be attributed as a sponsor for an author, if he/she/it has paid to the author a sum of money or provided any other incentives to the author that the author and the sponsor agreed upon. That particularly means, an employer may be attributed as a sponsor only and cannot have any exclusive rights over his employee's creative work, whatsoever.
Any derivative work based on a work under the Authoright License can only be licensed under Authoright. This does not apply to collections, where Authorighted work is included.
The license allows a author or group of authors to use any set of laws to support Authoright. Those may be openly listed in the Authoright signature, if so desired. For example: Authoright (First Amendment to the United States of America Constitution; Copyright, United States of America; Commonwealth, California)<years><names>
The text for the Authoright License is located at: http://www.culturedialogue.org
Contents | Glossary | Theory | Technical Principles | The License
Надіслано Пн, 09/22/2008 - 17:01. Надіслав Anatoly
