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.

Please Note:

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.

The Content provided on this Site is provided under the following terms and conditions and/or under the terms and conditions of the OpenMuse.org Software User Agreement, the OpenMuse.org Web Site Terms of Use and those additional terms, conditions and notices referenced therein.

  1. 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.
  2. 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.
  3. 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.
  4. 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.

    1. 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.
    2. The contributor acknowledges that OpenMuse.org has no duty to publish or otherwise use or disseminate any contribution.
    3. 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).
    4. The contributor represents that contributions properly acknowledge major contributors.
    5. 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.
    6. 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.
    7. 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 contributor.

      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.
  5. 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".
  6. 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 (http://www.ietf.org/rfc/rfc2026.txt).

    7. (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.

  7. 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.
  8. Notices

    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.

    9. (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 following invitation:

    "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 English.

    The limited permissions granted above are perpetual and will not be revoked by OpenMuse.org or its successors or assigns.

    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 PARTICULAR PURPOSE."

    (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."