Once again, Authoright license have been developed with the idea in mind to ideally fit it to the nature of culture. This goal is stated in the license itself.
Glossary
author(s). An individual or a group of named individuals who have created a work. Beside direct creator of a work, these may include: translator, restorer, compiler, and so forth.
civilization. The realm of physical industries and products, social structures, and socially determined relationships.
cultural phenomena. All ideas, methods, theories, genres, literary personages, and other creations of the free human spirit, fixed in 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, 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 for a work.
work. The most important cultural phenomenon. In a work of art, philosophy, science, etc. 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, etc.
Theory
Intention
Authoright license’s intention is to build a legal framework that implements ideal social relations to provide cultural development and utilize its fruition.
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, that literally means “Nature obeying one wins.” In other words, we can get the best fruits from nature if we act in accordance with its laws. Likewise, 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.”
A Few Clarifications on the License’s Basic Ideas
Slavery
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 a 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. Therefore, law to govern culture has to be based on the laws to govern direct relations between people rather than ones to govern real estate.
Private Property
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. This principle is defining any law development regarding real property, regardless of countless details and nuances in possession and usage of it. Likewise, 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 creation and existence of cultural phenomena.
Culture
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. What is this “something”? This question has never been discussed publicly. The question must be asked and answered, and the answer must be one principle based on the nature of culture itself.
Few Discrepancies between Culture and Civilization
When it comes to culture, all imaginable relationships within it work in the opposite way to compare with relationships seemed to be their counterparts in civilization.
Message Versus Trade
Essentially, a work of art is a message to everyone. This is its very nature and driving force. You write (say, paint, sing, etc.) to be read (heard, watched, etc.) 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. Under the surface, creating is free communication, an unrestricted sharing of ideas. But a message is not lost when it goes out. It becomes more powerful and valuable if it is heard. When you share your 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 make the work more 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 mankind are always on par, and no one owes anything to the other side.
That is why an author does not lose his work when it gets distributed.
In the world of physical things, it is opposite: if you let a thing go, you lose it, even if you trade it for something else. The trade can or cannot be profitable for either party, but regardless, it is action of different nature than sharing of an idea or copying an artwork.
Communication Versus Depreciation
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.
Humanity Versus Call of Nature
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 needs, it is opposite― if you need something then your body tells you about it, you satisfy the basic need and it stops bothering you.
Technical Principles
Legitimacy
Ideally, Authoright should be based on a specific Authoright law, directly addressing the scope and features of the Authoright. However, there is no current proper law to base Authoright on. The closest by its subject, but not the only legal framework, is set by the copyright and patent law. Therefore, Authoright license can be based on and enforced within any existing law. Any law or contract, whichever singularly or in conjunction with, is suitable, may be used by the author(s) to support Authoright license for a work.
Flexibility
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 goal. Despite it, it can be changed in order to better suit its fundamental purpose; the Authoright License does not have separate and different versions.
Reflexivity
The Authoright License is reflexive, i.e. it is released under Authoright based on whatever laws are suitable at the moment and place the Authoright is challenged. Specifically, this means that any license built upon one presented here has to clearly state this and make a 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, control of any kind from 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, unalienable, nontransferable, and non-sharable in any way.
No Organizations
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 of any kind and legal status, an agency, a union, a fund, family, public association , an organization of any kind could be considered and attributed as author.
Sponsorship Agreement
Any entity may be attributed as a sponsor for an author or specific work if the entity 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.
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(s) to use any set of laws and contracts to support Authoright. Those 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) <date of the first
public use><names>. 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