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Using Meme Commons Public Licenses
Meme Commons public licenses provide a standard set of terms and conditions that creators and other rights holders may use to share original works of authorship and other material subject to copyright and certain other rights specified in the public license and its appendices. The following considerations are for informational purposes only, are not exhaustive, and do not form part of our licenses.
Considerations for licensors
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Meme Commons license 1.0
Available languages: French, English
Author of the original and translated version: Alexis Proutet
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Meme Commons 1.0 Public License and its appendices (“ Public License“), and in accordance with the other CommonChain Licenses associated. To the extent this Public License may be interpreted as a contract, You are granted the Rights granted by the License and its appendices in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Work available under these terms and conditions.
The Meme Commons License grants the right to freely copy, distribute, and transform creative works without infringing the author’s rights, and in exchange for a fair cut.
Far from ignoring these rights, the Meme Commons License recognizes and protects these rights. Their implementation has been reformulated in order to allow everyone to use creations of the human mind in a creative manner, regardless of their types and ways of expression.
While the public’s access to creations of the human mind usually is restricted by the implementation of copyright law, it is favored by the Meme Commons License.
This license intends to allow the use of a work’s resources; to establish new conditions for creating in order to increase creation opportunities.
The Meme Commons License grants the right to use a work, and acknowledges the right holder’s and the user’s rights and responsibility.
The invention and development of digital technologies, Internet and Free Software have changed creation methods: creations of the human mind can obviously be distributed, exchanged, and transformed. They allow to produce common works to which everyone can contribute to the benefit of all.
However, the exploitation of these creations is generally done at the expense of the authors and rights holders. This results in a loss of income that could be compensated by an obligation to pay an equitable remuneration –a fair cut– on the exploitation, to the authors and right holders.
If the majority of Free Licenses have the virtue of opening access to creative works, they do not seek to reconcile the interests of the different actors of creation. However, a license whose fundamentals are based on a balance of freedoms and interests would lead to a natural re-sharing of the value of creative works, and:
– would encourage authors to give freedom of use, copying, distribution, and transformation of their creations;
– reward authors for their creative efforts;
– create new economic models that stimulate the creation, circulation, exchange, and transformation of intellectual productions;
– create more incentives for authors and right holders to adopt exploitation modes based on these economic models, and not on a private monopoly restricting access to creative works.
The main rationale for this Meme Commons License is to promote and protect these creations of the human mind according to certain principles of copyleft – freedom to use, copy, distribute, transform – with the counterpart of rewarding the right holders by a fair cut.
With the development of Blockchain technologies, crypto-assets, NFTs, and metaverses, all digital content can now be valued. The search for a true sharing of value is therefore an essential criterion for creating a cultural economy based on the promotion and protection of intellectual productions according to the principles of copyleft.
« Work » either means the Initial Work, and/or Subsequent, Derivative, Common, Composite Work as defined hereafter.
Initial Work: means the artistic or literary work, database, or other work to which the Licensor applied this Public Meme Commons license.
Derivative Work: means work subject to Copyright and Similar Rights that is derived from or based upon the Initial Work licensed and in which the Initial Work is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor
Common Work: means a work composed of the initial work, derivative work of it, and/or subsequent contributions to it. The initial author is the one who, by choosing this license, defines the conditions under which contributions are made.
Composite work: work that integrates multiple works, including licensed works and/or works derived from them.
Integrated Work: means any Work used and modified to create a derivative, common or composite Work.
Subsequent license: means the license You apply to Your Copyright and Similar Rights in Your contributions to the derivative, common, and/or composite work in accordance with the terms and conditions of this Public License and in compliance with the previous licenses in the CommonChain.
Category of the Work: definition setting the scope of the Work (initial work, derivative work, composite work, common work). The category must be specified in the “Commonchain Notice”, in accordance with Appendix 4 of this license.
CommonChain: refers to the combination of Meme commons licenses and Subsequent licenses that apply in accordance with the terms and conditions, Fair exclusivities, and Fair cut obligations of every other license applying to each Work legally bound together by a chain of license.
Appendices/Appendix: Documents stipulating additional terms and conditions that must apply in compliance with the Meme Commons 1.0 license. These documents stipulate in particular the terms for calculating and paying the Fair cut, the existing Fair exclusitives, and the Works of the CommonChain legally bound to the Work under license.
Effective Technological Measures: means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
Exceptions and Limitations: means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that apply to Your use of the Licensed Work.
Fair exclusivity: means any fair and equitable restrictive case in which this Public license does not apply and the author’s prior permission remains necessary in order to copy, distribute and/or modify the Work. These Fair exclusivities are specified in an appendix to this license and are clearly and precisely stated.
License Elements: means the type of license and the license attributes listed in the present Meme Commons license and its appendices, that the Licensor decides to apply in accordance with the predetermined terms.
Type of license: refers to the license elements represented by acronyms and symbols whose characteristics are specified at https://memecommons.foundation in order to facilitate the identification of the terms and conditions applicable to the Work, without substituting them or changing their scope.
Licensed Rights: means the rights and freedoms granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Work and that the Licensor has authority to license.
Licensor: means the individual(s), entity(ies) or right holder granting rights under this Public License.
You (Licensee): means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.
Fair cut: refers to the amount of appropriate and proportionate share of the remuneration to be paid to the Licensor(s) on any exploitation of the Work(s), under the terms and conditions of this Public License, its appendices, and in accordance with the Licensed Rights granted for each Licensed Work of a CommonChain.
Wallet: refers to a digital wallet in which digital assets such as crypto-assets and NFTs can be hold.
NFT (non-fungible token): refers to any digital asset representing the material attachment of one or more data onto a blockchain.
The aim of this license is to define the conditions under which one can use this work freely.
2.1. This work is subject to copyright law, and this public license specifies the extent to which you can copy, distribute, and modify it.
2.2. Subject to the terms and conditions of this Public License, the Licensor hereby authorizes You to exercise the Licensed Rights, for a fee or royalty-free, on a worldwide, non-sublicensable, non-exclusive, irrevocable basis.
2.3. Offer from the Licensor – Licensed Work. Every recipient of the Licensed Work automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License and its appendices.
2.4. Additional offer from the Licensor – Subsequent work. Each recipient of a Subsequent Work (derivative, common or composite) automatically receives an offer from the Licensor to exercise the Licensed Rights in the Subsequent Work under the terms and conditions of the Subsequent Work’s License and the appendices that You apply.
2.5. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Work if doing so restricts the exercise of the Licensed Rights by any recipient of the Licensed Work.
2.6. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights, nor any rights that are Fair exclusivities to Licensor(s); however, to the extent possible, the Licensor waives and/or agrees not to assert certain rights held by the Licensor to the limited extent necessary to allow You to fully and peacefully exercise the Licensed Rights, but not otherwise.
2.7. Patent and trademark rights are not licensed under this Public License.
2.8. By granting the Licensed Rights, the Licensor does not waive any right to collect royalties (fair cut) from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases, the Licensor expressly reserves any right to collect such royalties (fair cut). When the Licensor transfers these rights, the rights holders of the Work are entitled to collect their share of the Fair cut, directly or indirectly, and by any means.
2.9. Exceptions to copyright and Respect for the normal exploitation of the Work
Where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with any term and condition of this Public License and its appendices that would restrict the proper enforcement of the legal framework for such copyright exceptions and limitations.
However, it is essential to remember that these exceptions and limitations may not conflict with a normal exploitation of the Work or unreasonably prejudice the legitimate interests of the author and/or rights holders.
As stipulated in this Meme Commons license, when You pay the Fair cut to the Licensor, You are not interfering with the normal exploitation of the Work. The Licensor is fully aware of this and agrees to these terms.
2.10. Restriction of the granted Rights for specified Fair Exclusivities
The Licensor is free to restrict the Granted Rights and Freedom by stipulating Fair Exclusivities, in which case permission to copy, distribute or modify is not granted. These Fair Exclusivities must be limited, fair, and reasonable, and may not legally render the Meme Commons license meaningless or interfere with the proper enforcement of the CommonChain licenses.
Fair Exclusivities are stipulated in the Appendices and shall be strictly interpreted. The scope of each Fair Exclusivity must be clearly and explicitly specified for any limitation to copy, distribute, modify, use and/or exploit the Work. Failure to specify the scope of each Fair Exclusivity could vitiate the Licensee’s consent, who might not have used the Work if he/she was fully aware as to the extent of the risks incurred.
Unless otherwise specified, where the Licensor of an Integrated Work sets forth Fair exclusivities in appendix, You must comply with those terms and obtain the author’s permission in such cases.
Unless otherwise specified, and to the extent possible, You must apply the same Fair exclusivities and license elements applicable to any Work integrated into a Subsequent Work.
Apart from the Fair Exclusivities specified in the Appendices, the Rights and freedoms granted by this Public license include:
3.1. Freedom to copy (or to make reproductions)
The freedom to copy (or to make reproduction) means the right to reproduce, adapt, edit, interpret, modify, complete, extend, reduce, without limitation of number, the Work, in whole or in part, free of charge or against payment, for any exploitation;
– by all means and all technical processes known or unknown to date, whether analog, magnetic, digital or optical, such as printing, photocopying, digitization, scanning, downloading, tokenization, and any other reproduction process, and in all formats and more particularly on its display networks, its Internet sites, its Facebook, Instagram, Twitter pages and any other social networks, Smartphone applications, its internal Intranet, all newspapers and various publications, exhibition halls, trade shows, metaverses, DAO, NFT, crypto-assets;
– on all known or unknown media, current or future, whether analog, magnetic, video-graphic or digital or optical, via blockchain, NFT, crypto-assets.
3.2. Freedom to distribute (to perform, interpret, represent)
The freedom to distribute (perform, interpret, represent) is the right to distribute, broadcast, communicate to the public, exhibit, represent or have represented the Work, in whole or in part, free of charge or for a fee, privately or publicly, to any public, by any means or channels of distribution:
– by all means and all technical processes known and unknown to date, whether they are analog, optical, magnetic, videographic, digital or via blockchain;
– on all computer, digital, telematic and telecommunications networks and any other similar procesś existing or to come, and in particular on its display networks, its Internet sites, its Facebook, Instagram, Twitter pages and any other social networks, Smartphone applications, its internal Intranet, all newspapers and various publications, showrooms, trade shows, metaverses, blockchain, DAO, NFT, crypto-assets ;
– by broadcasting and by all means inherent to this mode of communication and in particular by terrestrial Hertzian way, cables by satellite, by wired or wireless telephone network, by digital television, that the broadcasting is in clear or encrypted, free or paying;
– in all venues with paying or non-paying audiences;
The right to distribute (perform, interpret, represent) also includes the right to put or have put into circulation the originals, duplicates or copies, in physical and/or digital versions, fungible and/or non-fungible tokens (such as NFTs) of the Work under license for any provision and communication to the public of the Work.
In any case, the Work under license could have been previously reproduced under the conditions specified in article 3.1. relative to the freedom to copy (or to make reproduction).
3.3. Freedom to modify
The freedom to modify is the right to modify, retouch, arrange the Work and the elements which compose it, in whole or in part, under any form and by any means, and in particular to assemble them with or to integrate them in any other Work, service or intellectual creation, on any support as mentioned above.
In any case, the Subsequent Works may be copied or distributed under the conditions specified in section 3.1. and 3.2. of this Public License.
3.4. Limits to the Freedoms and Rights granted by the license
The freedoms to copy, distribute and modify are exercised with respect to the moral rights of the author, the copyright on any Fair Exclusivity and the obligations of Fair Cut foreseen by the Licensor(s) of each Integrated Work subject to a CommonChain license.
3.5. CommonChain Rights and Freedoms
The Rights and Freedoms granted by this public license are subject to the terms and conditions, the Fair exclusivities and the Fair cut conditions of the previous licenses and the other licenses of the CommonChain.
4.1. For any exploitation of the Work, You shall pay to Licensor a Fair Cut on Your Net Income.
4.2. For any exploitation of a Derivative Work, You shall pay a Fair Cut on Your Net Income which shall be shared between the Licensor of the Initial Work and the Licensor of the Derivative Work.
4.3. For any exploitation of a Common Work, You shall pay a Fair Cut on Your Net Income which shall be shared between the Licensor of the Common Work, the Licensor of the Initial Work and the Licensor(s) of the Derivative Works integrated into the Common Work.
4.4. For any exploitation of a Composite Work, You shall pay a Fair Cut on Your Net Income which shall be shared between the Licensor of the Composite Work and each Licensor of the Integrated Works.
4.5. « Net Income » refers to the revenue generated by the exploitation of a Work under the Meme Commons license, as reported by You to the Licensor, as the basis for calculating Fair cut, in accordance with this license, its appendices and the other CommonChain licenses.
4.6. The terms of calculation and Sharing determining the amount of Fair Cut to be paid to Licensor(s) are specified in the Appendices in accordance with the terms and limitations of this Public License and other CommonChain licenses applicable to the Work.
4.7. The Licensor agrees not to subject the calculation and/or sharing of the Fair Cut to terms and conditions that would legally render this Public license meaningless and/or prevent the Licensee from fully and peacefully enjoying the Rights granted by this License and any other CommonChain licenses.
4.8. In compliance with the terms of this license and without prejudice to the rights of the authors and to the peaceful enjoyment of the Rights granted to the Licensees of the CommonChain, the terms of calculation and sharing of the Fair Cut are freely determined by the Licensor. They can be applied uniformly to all the granted Rights, and/or according to variable terms depending on each freedom and Right granted.
4.9. In compliance with the terms of this license and without prejudice to the rights of the authors and to the peaceful enjoyment of the Rights granted to the Licensees of the CommonChain, the terms of calculation and sharing of the Fair Cut are freely negotiable.
They can be applied uniformly to all Licensees, and/or according to variable terms for any individual or entity, on an exclusive or non-exclusive basis when a separate contract or any other regulation requires it.
In this case, the Fair Cut will be paid according to these variable terms, which will replace the previous ones only for the individual(s) or entity(es) involved. No Licensee of the CommonChain who is not covered by the legal provisions and/or who is not a signatory Party to the contract may invoke these variable terms.
For the avoidance of doubt, these variable terms only concern the calculation and sharing of the Fair Cut. Unless otherwise specified, the other terms of this Meme Commons license and any CommonChain license are irrevocable. Any provision to the contrary is inconsistent with this license, as it would restrict the extent of the enjoyment of the Rights granted to the licensees of the CommonChain, and would render the Meme Commons license legally meaningless.
5.1. When no additional provision or appendix specifies its terms of calculation and sharing, the Fair Cut to be paid for the exploitation of the Work shall be determined according to the amounts, scales and terms commonly applied in the relevant market and in accordance with the best practices of the sector.
5.2. For any exploitation of a Subsequent work, the Fair Cut will be paid directly to the Licensor(s) of the Subsequent work (or the right holders) who will be responsible for ensuring the sharing of the Fair Cut with the Licensor(s) of the Integrated work(s), in accordance with the terms of sharing and payment specified in the respective licenses of the CommonChain.
5.3. For any exploitation of a Common or Composite Work, when the number of Integrated Works is too large to comply with the specified terms of calculation and sharing, the Fair Cut will be shared equally between each Licensor of the Integrated Works.
5.4. When necessary, the Licensor of the Integrated Work may require that his/her share of the Fair Cut be paid directly to him/her, especially when the Licensor(s) of the Subsequent Work or other Work related to the CommonChain fails to comply with his/her obligations.
5.5. Caps and standard terms for calculating the Fair Cut may be established and revised regularly in order to adapt to market evolution and best practices in the relevant sectors.
5.6. Any Licensor hereby undertakes not to foresee terms of calculation of the Fair Cut that would directly or indirectly cause the cap(s) to be exceeded, which would, in particular, infringe the rights of the authors and the full and peaceful enjoyment of the freedoms granted to the Licensees of the CommonChain.
6.1. Activities giving rise to the author’s rights and related rights shall not challenge the rights granted by this license.
For example, this is the reason why performances must be subject to the same license or a compatible license. Similarly, integrating the work in a database, a compilation or an anthology shall not prevent anyone from using the work under the same conditions as those defined in this license.
6.2. Integrating this Work into a larger work that is not subject to the Meme Commons License shall not challenge the rights granted by this license.
If the Work can no longer be accessed apart from the larger work in which it is integrated, then the integration of the Work shall only be allowed under the condition that the larger work is subject either to the Meme Commons License or a compatible license.
6.3. This license may undergo periodic modifications to incorporate improvements by its authors (instigators of the « Meme Commons » movement) by way of new, numbered versions.
You will always have the choice of accepting the terms contained in the version under which the copy of the work was distributed to you, or alternatively, to use the provisions of one of the subsequent versions.
6.4. A license is compatible with the Meme Commons License if and only if:
– it meets the compatibility criteria established in the Meme Commons License or a later version of it
– it has been officially validated by the Meme Commons movement;
– It retains the essential qualities of the Meme Commons license;
– it foresees terms of calculation and sharing of the Fair Cut compatible with the other licenses of the CommonChain applicable to the Work;
– it does not include any Fair exclusivity incompatible with the other licenses of the CommonChain applicable to the Work.
The exercise of the Rights granted by the license is expressly subject to the following conditions.
7.1.1 Information notice
When You share the Work under license (including in modified form), You must:
– The category of each Integrated Work
– The type of Meme Commons license that applies to each Integrated Work
– Identify the author(s) of the Licensed Work and any author(s) to whom each Integrated Work is attributed, to the extent possible, and as requested by the Licensor(s) (including in the form of a pseudonym if indicated)
– attach a URI or hyperlink to each license of the Integrated Work(s), including its appendices, terms of Fair Cut, and Fair exclusivities
– attach a URI or hyperlink to each Integrated Work whenever possible;
7.1.2. You may meet the requirements of Section 7.1.1. to the fullest extent possible, depending on the media, means and contexts in which You share the Licensed Work. For example, You may meet the above conditions by providing the URI or hyperlink to the resource(s) including the required information.
7.1.3. Although required under Section 7.1.1, some information shall be removed, to the extent possible, if requested by Licensor.
7.2. Sharing on the same terms
In addition to the terms specified in Section 7.1, if You share a Derivative, Common or Composite Work that You have made, the following terms also apply.
7.2.1. The Subsequent Work License that You apply must be a Meme Commons License with, unless otherwise specified, the same License Elements, whether it is this version or a later version or a license compatible with the Meme commons license.
7.2.2. You must include the text, URI or hyperlink corresponding to the Subsequent Work License that You are applying.
7.2.3. You must include the text, URI or hyperlink corresponding to the terms of calculation and sharing of the Fair Cut for the exploitation of each Integrated Work.
7.2.4. These conditions may be satisfied to the extent reasonably practicable, depending on the media, means and contexts in which You share the Subsequent Work. For example, You may meet the above conditions by providing the URI or hyperlink to the resource(s) including the required information.
7.2.5. You shall not add or require additional or different terms and conditions or apply effective Technological Measures to the Subsequent Work that would restrict the exercise of the Rights granted by the Subsequent Work License that You are applying or the Rights granted by other licenses of the CommonChain.
7.2.6. When permitted by the Licensor of the Work, You are free to apply different terms of calculation and sharing of the Fair cut for any exploitation of Your derivative, common or composite Work. However, this freedom is subject to the author’s rights on any Integrated Work and to the conditions and terms stipulated in this License, its appendices and other licenses of the CommonChain. If You apply different terms for calculating and sharing the Fair Cut, these terms shall at no time interfere with the full and peaceful enjoyment of the Rights granted to the Licensees of the CommonChain applicable to any Integrated Work.
7.2.7. Whenever Fair exclusivities cases are specified by a Licensor(s) of the CommonChain, You must apply the same Fair exclusivities cases to the Subsequent Work license, unless the Licensor(s) of the Work expressly authorize the application of variable, different and/or additional Fair exclusivities.
7.3. Accountability and Payment of Fair Cut under the terms specified in the CommonChain Licenses
7.3.1. When You receive directly or indirectly a remuneration on the exploitation of a Work under a Meme Commons license, You commit to pay the Fair Cut to the Licensor(s) of the Work according to the terms and conditions specified by the Licensor(s), and in compliance with the conditions and limits provided by the CommonChain licenses applicable to the Work.
7.3.2. When You receive directly or indirectly a Fair Cut on the exploitation of Your Subsequent Work, You undertake to share the Fair Cut according to the terms and conditions specified by the Licensor(s) of each Integrated Work, and in compliance with the conditions and limits provided by the CommonChain licenses applicable to the Work.
7.3.3. From the first exploitation of the Work, the exploitation accounts – for all forms and territories in which the Work is exploited – shall be closed, unless otherwise specified, on December 31st of each year, and sent to the Licensor(s) (or right holder(s)) within 3 (three) months of their closing date, together with the proceeds, if any, of the Fair cut due to the Licensor(s) according to the terms of calculation and sharing of the Fair Cut stipulated in this license, the CommonChain licenses, and their appendices.
7.3.4. You shall keep accounts of Your exploitation in Your books, which shall be made available to the Licensor of the Work, and You hereby acknowledge that Licensor has the right to audit said accounts at any time during working days and hours, subject to 8 (eight) days notice. Where a person is authorized by Licensor to do so, such person shall have full power to demand, on behalf of the Licensor, proof of the accounts to be provided.
7.3.5. The terms of payment of the Fair Cut are freely established by the Licensor, and the payment can be made in particular in legal currency and/or Crypto-assets, by bank transfer, by transfer of the crypto-assets on a designated wallet, and by any means provided by the Licensor.
7.3.6. The non-payment of all or part of the Fair Cut due to the Licensor under the terms of the present License will result, after the sending of a formal notice, by simple letter by the Licensor to the Licensee, without effect within 15 (fifteen) days of its issue, in payment penalties and/or sanctions, in particular when they are provided for by the Licensor or by law, from the day following the due date until effective payment.
7.3.7. If the Licensee fails to render accounts or to pay any of the amounts owed to the Licensor when due, as stipulated in the above sections, this License may be terminated in accordance with the terms and conditions specified in Article 9 hereof.
The freedom to use the work as defined by the Meme Commons License (right to copy, distribute, modify) and the CommonChain Licenses implies that everyone is responsible for their own actions.
9.1. This license takes effect as of your acceptance of its terms. The act of copying, distributing, or modifying the work constitutes a tacit agreement.
9.2. This license will remain in effect for as long as the copyright which is attached to the work. If you do not respect the terms of this license, you automatically lose the rights that it confers.
9.3. If the legal status or legislation to which you are subject makes it impossible for you to respect the terms of this license, you may not make use of the rights which it confers.
9.4. Where Your right to use the Licensed Work has terminated under article 9.2, it reinstates:
– automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
– upon express reinstatement by the Licensor.
9.5. When Licensor offers the Licensed Work under separate terms or conditions and/or stops distributing the Licensed Work at any time, doing so will not terminate this Public License or the CommonChain licenses associated with the Work.
9.6. Sections and appendices essential to the exercise of the Rights and Freedoms governed by the Meme commons License and other CommonChain Licenses survive termination of this Public License.
10.1. This license is written with respect to both French law and the Berne Convention for the Protection of Literary and Artistic Works. It is written in French in its original version which alone is authentic and prevails over any other version.
10.2. Any dispute that may arise concerning the present license, in particular concerning its validity, its interpretation, its execution, its Fair Exclusivities and/or the calculation of the Fair Cut to be paid, will be resolved by mediation.
10.3. To this end, the parties involved undertake to participate in at least one mediation meeting by delegating a representative entitled to make decisions.
10.4. The costs of the mediation shall be borne equally by each of the parties involved unless they decide otherwise in the mediation.
10.5. If mediation fails, the Parties agree to submit to the jurisdiction of the competent courts, unless they decide to sign an agreement giving jurisdiction to a third party to organize an arbitration.
11.1. This Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Work that could lawfully be made without permission under this Public License.
11.2. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
11.3. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
11.4. While Licensor retains the option to transfer its Rights, this Public license remains irrevocable. The Rights holders undertake to ensure the application of the terms and conditions specified in this license, its appendices and other licenses of the CommonChain.
They may collect the Fair Cut in lieu of the Licensor in accordance with the copyright regime that prevails, the terms and conditions of the Meme Commons license or a compatible version and the full and peaceful enjoyment of the Rights and freedoms granted to the Licensees of the CommonChain.
MEME COMMONS 1.0 LICENSE
This work is free, you are free to use, copy, distribute, exploit and modify it under the terms of the Meme Commons 1.0 license (https://memecommons.foundation) and the conditions specified in the following appendices.
These Appendices set forth the entire agreement and understanding of the parties with respect to the calculation and sharing of Fair Cut, the scope of the Fair exclusivities and license elements applicable to the Work(s), as well as all details including the category, type of license and essential information concerning the Work and each integrated Work legally bound to the Work by the applicable CommonChain.
As of the date of publication, the terms and conditions set forth in these Appendices supersede any prior version, subject to, but not limited to, compliance with copyright law, the Meme Commons license, the licenses legally associated with the Work by the applicable CommonChain, and the full and peaceful enjoyment of the Rights granted to the licensees of the CommonChain.
When a later version of the Appendices is published, the terms and conditions set forth in that new version shall prevail over these Appendices, subject to the conditions specified above.
Except as provided by the Meme Commons movement, the terms and conditions set forth in this “Appendix 1: Meme Commons 1.0 License” may not be modified and are irrevocable.
Only Appendix 2 and 3 listed below may be modified in accordance with the terms of the Meme Commons 1.0 license and the conditions specified in this Appendix 1.
Only The following appendices can be modified and adapted:
– « Appendix 2: Calculation and Payment of the Fair cut »
– « Appendix 3: Fair Exclusivities »
CALCULATION, SHARING AND PAYMENT OF THE FAIR CUT
In accordance with the terms and conditions of the Meme Commons license, the Fair cut is calculated and paid according to the amounts, caps, scales and terms commonly applied in the relevant market and in accordance with the best practices of the sector.
APPENDIX 3: FAIR EXCLUSIVITIES
In accordance with the terms and conditions of the Meme Commons license, the freedoms to copy, distribute, exploit and/or modify are not granted where Fair exclusivities are set forth by the Licensor(s) of a Work integrated into the Work under Meme Commons License.
In the absence of clear and explicit specifications and contrary indication, no Fair exclusivity applies to this license. Any Licensee may fully exercise the Rights and Freedoms granted and in particular may copy, distribute, modify and/or exploit the Work in accordance with the terms and conditions set forth in the Meme Commons 1.0. license and the CommonChain licenses legally associated with the Work.
APPENDIX 4: COMMONCHAIN
Under the Meme Commons license, a CommonChain legally binds the licensed Work and all the integrated and/or subsequent Works.
In order to comply with the terms and conditions of the Meme Commons License, the Licensor agrees to attach and complete a « CommonChain Notice ». Without a notice providing essential information about the Work and each Integrated Work (Hyperlink to the Work, category(ies), license type(s), Hyperlink to each license and Appendices of the Integrated Works, names of authors…), Licensees cannot fully exercise the Rights and properly comply with their obligations.
If the Licensor does not provide the “CommonChain Notice”, the Licensor shall be liable to the Licensees and any author of an Integrated Work.
Examples of “CommonChain Notice” are available at https://memecommons.foundation. However, for the avoidance of doubt, these examples are provided for informational purposes only and do not replace the terms and conditions of the Meme Commons license, in particular section 7. All Licensors and Licensees confirm that they have read and understood the terms and conditions of the Meme Commons license, and shall not hold Meme Commons or any actor of the Meme Commons movement liable on these grounds.
Unless otherwise specified, the terms and conditions stipulated in this Appendix 4 are irrevocable and may not be modified. Only the “CommonChain Notice” to be attached in Appendix 4bis is adaptable.