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The Authoright License


Introduction

The Authoright license has been developed in order to ideally correspond to the nature of culture. This goal is stated in the license itself. Still, there are issues to resolve. The license in its current form may not be that usable in legal terms and, therefore, needs further development.

Another more serious issue is the main objective of the license, the provision of ultimate freedom for the use of cultural phenomena. There is a fork in the road of interpretation for one license feature. What if an authorighted work is included in a compilation or within another work? One interpretation is that this work must also be authorighted and thus be free of restriction. However, liberty in this case is imposed on the work’s author regardless of his wishes, i.e. his own freedom is limited. Such a license will cause some authors to hide the usage of authorighted works. This happens with GNU licensed products included in proprietary software. Another interpretation of freedom accentuates the liberty of the compilation’s author and allows him to use an authorighted work while “protecting” his own work under a more restrictive license. If permitted, he would not have any reason to hide usage of the authorighted work and would make necessary attributions, thus promoting it and its author.

Glossary

Author(s). An individual or a group of named individuals who have created a work. Besides the direct creator of a work, this may include: translator, restorer, compiler, and so forth.

Civilization. The realm of physical industries and products, established social structures, socially determined relationships and speech.

Cultural phenomenon. Any idea, method, theory, genre, literary personage, or other creation of the free human spirit fixed in a form in any medium, including mere oral statement.

Culture. 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, engineering, religion, and so forth. Culture develops in works of art, philosophy, sciences, and so forth.

Public use of a work. Publication, performance, production, reverse engineering, dissemination, sale and so forth.

Source. A citable medium. A publication, for example, is a source.

Sponsor. Any entity providing incentives for an author and/or promotion for a work.

Work. A form in which other cultural phenomena are expressed. In a work of art, philosophy, science, etc. cultural phenomena are developed and refined. Thus, cultural phenomena become part of the common treasury of a society. Examples of works are: books, paintings, sculptures, story boards, musical pieces, blueprints, models, programs, movies, websites, etc.

Theory

Intention

The intention of Authoright is to provide a legal framework for ideal cultural development and its utilization of.

General Idea

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, which literally means “Nature obeying one wins.” In other words, we get the best fruit from nature if we act in accordance with its laws. Likewise, we can get the best fruit from culture if we act in accordance with its laws and do not project upon it laws that govern civilization. The quintessential natural law of culture is Ultimate Freedom.

A Few Clarifications

Slavery

It has taken thousands of years to achieve the commonly accepted understanding that human beings should not be privately possessed. A cultural phenomenon, by its nature, is much closer to a human being than a physical thing. For example, the hero of a book is a person for many people to a greater degree than physically alive ones are. Therefore, laws that govern culture have to be based on laws that govern the direct relations between people rather than ones that govern real estate.

Private Property

It has taken thousands of years to achieve the commonly accepted understanding that material property acquired through labor and trade cannot be taken from the owner at someone else’s will. This principle defines laws that govern real property, regardless of countless details and nuances in possession and usage. Likewise, a law regarding “possession and usage” of cultural phenomena must be based on one fundamental principle in accordance with the nature of the culture, regardless of countless details and nuances in the creation and existence of cultural phenomena.

Culture

No commonly accepted understanding of proper social relations within culture has been achieved so far. Laws that govern culture are built on a kind of compromise between laws that govern private property and something else, which has never been clearly stated. What is this “something else?” This question has never been discussed publicly. The question must be asked and answered, and the answer must be a principle based on the nature of culture itself.

Culture versus Civilization

When it comes to culture, all imaginable relationships within it, as compared with relationships seen to be their counterparts in civilization, work in opposite ways.

Message versus Trade

Essentially, a work of art is a message to everyone. That is, its very nature and driving force. You write (or say, paint, sing, etc.) to be read (or heard, watched, etc.) and responded to. Even when it is done for some superficial reason such as for money, in fear of punishment, or for fame, this reason works on the surface. Below the surface, creating is free communication, unrestricted sharing of ideas. And the message is not lost when it is disseminated. It becomes more powerful and valuable if it is heard. When you share an idea with someone or let someone copy your work, by the very nature of it you are not losing it but developing the idea or making the work known, and thus, you are becoming richer.

Moreover, an author, even in his inner dialog, while creating, is as much a receiver as he is a contributor. Author and humankind are always on par, and no one owes anything to the other.

That is why an author does not lose his work when it gets distributed, and the work does not lose value.

In the world of physical things the opposite holds true: if you let something go, you lose it even if you trade it for something else. The trade can or cannot be profitable for either party. Regardless, it is different in nature from the sharing of an idea or copying a piece of art.

Exposure versus Depreciation

Having said the above, we understand that a work of art gains value every time it interacts with an audience. Regardless of the circumstances, the more it is “used,” the more valuable it becomes. On the other hand, in the world of physical things, the opposite is true―the more you use something the more it depreciates.

Humanity versus Bodily Needs

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, and the less you know how paramount and necessary it is for you. In the world of physical needs, the opposite holds true ― if you need something, then your body tells you. You satisfy the basic need, and it stops bothering you.

Technical Principles

Legitimacy

Ideally, Authoright should be based on a specific law, one which directly addresses the scope and features of Authoright. However, such a law does not yet exist. For this reason, an Authoright license should be based on and enforced within existing law. Any suitable law or contract may be used singularly or in conjunction with another, in order to support an Authoright license.

Flexibility

Due to the general purpose of creating a license that ideally corresponds to the nature of culture, it is essential that the license’s scope and features be flexible. That is, they can be changed, but the Authoright License does not have different versions.

The License Text

The Authoright License is reflexive, i.e. it is released under Authoright based on whatever laws are suitable at the time and place that Authoright is challenged. Specifically, any license built upon the one presented here must clearly state this and make reference to this text.

The License

Coverage

Authoright covers the use of any and all cultural phenomena.

Freedom of Use

Any cultural phenomenon may be freely used by any entity for any known or currently unknown purpose, creative, commercial, or noncommercial without limitations, permissions, or control of any kind by any individual, organization, government or international agency, and so forth.

Attribution

Any and all public uses of a cultural phenomenon require attribution, when applicable, to all of the following:

Author(s)

Source and its sponsors

Original source and its sponsors

No Transfers

The right for attribution is perpetual, inalienable, nontransferable, and non-alterable in any way. Situations of disputed authorship can be resolved on a case by case basis.

No Organizations

An author entitled to attribution may only be an individual or group of named individuals. No other entity of any kind, including but not limited to a business, an agency, a union, a fund, a family, a public association, or an organization, can be considered and attributed as author.

Sponsorship Agreement

Any entity may be attributed as a sponsor if it has paid the author or provided incentives to the author that have been agreed upon.

That particularly means that an employer may only be attributed as a sponsor but cannot have any exclusive rights over any employee’s creative work.

Derivatives

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.

Legality

The license allows an author to use any set of laws and contracts to support Authoright. These may be openly listed in an Authoright notice. For example, Authoright (First Amendment to the United States of America Constitution; Copyright, United States of America; Commonwealth, California) . If a specific law, or right, or any derivative thereof that Authoright was based on expires, then the license must be restored based on current laws.

Authoright Notice

Authoright notice must be attached in a clear and reasonable manner to any derivative built upon Authorighted work. Any public usage of an Authorighted work must be accompanied by clear and reasonable display of the Authoright license attached to the work.

Location

The full public text for the Authoright License is located at:

www.culturedialogue.org/drupal/en/authoright

Предметна Область: Культура