Intellectual Property Rights and Licenses Agreement
17 February, 2003
OPENMUSE.ORG MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER
MATERIALS FOR OPEN SOURCE AND/OR STANDARDS-RELATED PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND
CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY
USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS
AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS
OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE
LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT
USE THE CONTENT.
These provisions are intended to comply with the intellectual property rights (“IPR”) policies and procedures of the Internet Engineering Task Force (“IETF”), as detailed in RFC2026, section 10, available at
http://www.ietf.org/rfc/rfc2026.txt. For work done jointly with existing standards bodies (“Partner Organization”) such as IETF, W3C, IEEE or MMA, in the event of a conflict between OpenMuse.org IP and a Partner Organization regarding IPR policies and procedures, the IPR policies and procedures of the Partner Organization shall govern, with one exception: intellectual property licensed by its contributor(s) under the Common Public License shall continue to be subject to the terms and conditions of the Common Public License.
- General Policy
In all matters of intellectual property rights and procedures, the
intention is to benefit the computer music community and the public at
large, while respecting the legitimate rights of others.
- Confidentiality Obligations
No contribution that is subject to any requirement of confidentiality
or any restriction on its dissemination may be considered in any part
of OpenMuse.org, and there must be no assumption of
any confidentiality obligation with respect to any such contribution.
- Rights and Permissions
In the course of standards and project work and its other activities,
OpenMuse.org receives contributions in various forms and from many persons.
To best facilitate the dissemination of these contributions, it is necessary to understand
any intellectual property rights ("IPR") relating to the contributions.
- OpenMuse Contribution License
The following terms and conditions ("Contribution License") apply to all contributions submitted to OpenMuse.org which contain intellectual property. Additional terms and conditions may apply to contributions which are submitted under a specific license. By way of example but not limitation, a contribution licensed under the Common Public License grants anyone who receives the contribution
certain patent and copyright licenses in addition to the rights conveyed under
the Contribution License.
By submission of a contribution, each person actually submitting the
contribution is deemed to agree to the following terms and conditions
on his/her own behalf, on behalf of the organization (if any) he or she
represents and on behalf of the owners of any propriety rights in the
contribution. Where a submission identifies contributors in
addition to the contributor(s) who provide the actual submission, the
actual submitter(s) represent that each other named contributor was
made aware of and agreed to accept the same terms and conditions on
his/her own behalf, on behalf of any organization he or she may represent and
any known owner of any proprietary rights in the contribution.
- Some works (e.g. works of the U.S. Government) are not subject to
copyright. However, to the extent that the submission is or may
be subject to copyright, the contributor, the organization he or she
represents (if any) and the owners of any proprietary rights in
the contribution, grant an unlimited, unrestricted, perpetual,
irrevocable, non-exclusive, royalty-free, fully paid up, world-wide right
and license to OpenMuse.org and its membership under any copyrights in the contribution.
This license includes the right to use, copy, publish, perform, display, reproduce, modify,
adapt and distribute the contribution in any way, and to prepare derivative works that are
based on or incorporate all or part of the contribution, the
license to such derivative works to be of the same scope as the
license of the original contribution.
- The contributor acknowledges that OpenMuse.org has no duty
to publish or otherwise use or disseminate any contribution.
- The contributor grants permission to reference the name(s) and
address(es) of the contributor(s) and of the organization(s) he or she
represents (if any).
- The contributor represents that contributions properly acknowledge
- The contributor, the organization (if any) that he or she represents and the
owners of any proprietary rights in the contribution, agree that
no information in the contribution is confidential and that
OpenMuse.org, its membership and any affiliated organizations may
freely disclose any information in the contribution.
- The contributor represents that he or she has disclosed the existence of
any proprietary or intellectual property rights in the
contribution that are reasonably and personally known to the
contributor. The contributor does not represent that he or she
personally knows of all potentially pertinent proprietary and
intellectual property rights owned or claimed by the organization
he represents (if any) or third parties.
- The contributor represents that there are no limits to the
contributor's ability to make the grants, acknowledgments and
agreements above that are reasonably and personally known to the
By ratifying this description of the OpenMuse process, OpenMuse.org
warrants that it will not inhibit the open and free access to
documents and information for which license and right have
been assigned according to the procedures set forth in this section.
This warrant is perpetual and will not be revoked by OpenMuse.org or its
successors or assigns.
- The Common Public License
Contributors are encouraged to submit their contributions under the terms and conditions of the
Common Public License Version 1.0 ("CPL"). A copy
of the Common Public License is posted on the OpenMuse.org website and is also
available from the OpenMuse Steering Committee. Submission of contributions under the CPL is voluntary except as noted below.
With respect to Content which is licensed to you under the terms and conditions of the CPL, any Contributions, as defined in the CPL, uploaded, submitted, or otherwise made available to OpenMuse.org, members of OpenMuse.org and/or the host of OpenMuse.org web site, by you that relate to such Content are provided under the terms and conditions of the CPL and can be made available to others under the terms of the CPL. Such Content shall be marked with an explicit, prominent and clearly visible notice of the form "CPL Content".
- Standards Track Documents
The following policies and procedures apply to documents and other content
marked as "Standards Track Documents" or published by a "Standards Track Project".
These policies and procedures are based on the IETF Internet Standards
process as defined in RFC2026
(A) Where any patents, patent applications, or other proprietary
rights are known, or claimed, with respect to any specification on
the standards track and brought to the attention of the OpenMuse Steering Committee, the
OpenMuse Steering Committee shall not advance the specification
without including in the document a note indicating the existence
of such rights, or claimed rights. Where implementations are required before
advancement of a specification, only implementations that have, by
statement of the implementors, taken adequate steps to comply with
any such rights, or claimed rights, shall be considered for the
purpose of showing the adequacy of the specification.
(B) OpenMuse.org disclaims any responsibility for identifying the
existence of or for evaluating the applicability of any claimed
copyrights, patents, patent applications, or other rights in the
fulfilling of the its obligations under (A), and will take no
position on the validity or scope of any such rights.
(B) Where the OpenMuse Steering Committee knows of rights, or claimed rights under
(A), the OpenMuse Steering Committee shall attempt to obtain from the claimant
of such rights, a written assurance that upon approval by OpenMuse.org
of the relevant standards track specification(s) and/or project(s), any
party will be able to obtain the right to implement, use and
distribute the technology or works when implementing, using or
distributing technology based upon the specific specification(s) and/or project(s)
under openly specified, reasonable, non-discriminatory terms.
The OpenMuse.org members proposing the use of the technology with respect
to which the proprietary rights are claimed may assist the
OpenMuse Steering Committee in this effort. The OpenMuse Steering Committee may defer
approval or advancement of standards track or project track work where a
delay may facilitate the obtaining of such assurances. The
results will, however, be recorded by the OpenMuse Steering Committee
and made publicly available. The OpenMuse Steering Committee may also direct
that a summary of the results be included in any published document containing the
specification and/or in an appropriate location within software project source code.
- Determination of Reasonable and Non-discriminatory Terms
The OpenMuse Steering Committee will not make any explicit determination that the assurance
of reasonable and non-discriminatory terms for the use of a
technology has been fulfilled in practice. It will instead use the
normal requirements for the advancement of Internet and other standards to
verify that the terms for use are reasonable. If two unrelated
working implementations of the specification have been produced by
different organizations or individuals, the
assumption is that the terms must be reasonable and to some degree,
non-discriminatory. This assumption may be challenged at reasonable and
appropriate stages during the development process and before final approval
of a standard is given by the OpenMuse Steering Committee.
All Standards Track Documents which were originated by a Partner Organization
shall include the appropriate notices as required by the respective Partner
Organization. The following provisions shall apply solely to Standards
Track Documents originated by OpenMuse.org.
(A) Standards Track Documents shall include the following notice:
"OpenMuse.org and the OpenMuse Steering Committee takes no position regarding the validity or
scope of any intellectual property or other rights that might be claimed
to pertain to the implementation or use of the technology
described in this document or the extent to which any license
under such rights might or might not be available; neither does
it represent that it has made any effort to identify any such
rights. Copies of claims of rights made
available for publication and any assurances of licenses to
be made available, or the result of an attempt made
to obtain a general license or permission for the use of such
proprietary rights by implementors or users of this
specification can be obtained from the OpenMuse Steering Committee"
(B) OpenMuse.org encourages all interested parties to bring to its
attention, at the earliest possible time, the existence of any
intellectual property rights pertaining to any standards or project work or other activities
of OpenMuse.org. For this purpose, each Standards Track Document shall include the
"OpenMuse.org invites any interested party to bring to its
attention any copyrights, patents or patent applications, or
other proprietary rights which may cover technology that may be
required to practice this standard. Please address the
information to the OpenMuse.org Steering Committee."
(C) The following copyright notice and disclaimer shall be included
in all OpenMuse Standards Track Documents:
"Copyright (C) OpenMuse.org (date). All Rights Reserved.
This document and translations of it may be copied and
furnished to others, and derivative works that comment on or
otherwise explain it or assist in its implmentation may be
prepared, copied, published and distributed, in whole or in
part, without restriction of any kind, provided that the above
copyright notice and this paragraph are included on all such
copies and derivative works. However, this document itself may
not be modified in any way, such as by removing the copyright
notice or references to OpenMuse.org or other standards
organizations, except as needed for the purpose of developing
standards, in which case the procedures for copyrights
defined in the Internet Standards process document RFC2026
must be followed, or as required to translate it into languages other than
The limited permissions granted above are perpetual and will
not be revoked by OpenMuse.org or its successors or
This document and the information contained herein is provided
on an "AS IS" basis and OPENMUSE.ORG AND THE OPENMUSE STEERING
COMMITTEE DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE
OF THE INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
(D) Where the OpenMuse Steering Committee is aware at the
time of publication of proprietary rights claimed with respect to a Standards Track
Document, or the technology described or referenced therein, such
document shall contain the following notice:
"OpenMuse.org has been notified of intellectual property rights
claimed in regard to some or all of the specification contained
in this document. For more information consult the online list
of claimed rights."