|Þessi síða lýsir samþykkt sem gildir á íslensku Wikipediu og allir notendur ættu að virða eins og kostur er. Ekki breyta henni í ósátt við aðra notendur.|
Höfundaréttur er skilgreindur í höfundalögum sem eignarréttur höfundar á verki og einkaréttur til afritunar og útgáfu þess. Höfundaréttur á við nær alla útgáfu verka sjálfkrafa samkvæmt Bernarsáttmálanum. Á Wikipediu er þessi réttur til staðar en með takmörkunum þar sem höfundar texta á Wikipediu samþykkja með framlögum sínum að þau falli undir frjálsa afnotaleyfið Creative Commons Tilvísun-DeilaEins 3.0 sem merkir að höfundurinn fellst á það að gefa eftir hluta af réttindum sínum hvað varðar gerð afrita og breytingar á hugverki hans og samþykkir að (1) allir mega afrita textann, (2) allir mega breyta textanum og (3) allir mega dreifa textanum. Höfundar hafa því ekki einkarétt til afritunar eða útgáfu. Allir mega breyta þeim texta sem er á Wikipediu og dreifa að vild svo lengi sem höfundar er getið og afleidd verk eru háð sama afnotaleyfi og Wikipedia. Nægjanleg vísun til höfunda í skilningi CC-leyfisins þegar efni er afritað af Wikipediu er tengill á þá grein sem hefur verið afrituð.
Höfundaréttur varir í takmarkaðan tíma. Texti og annað efni sem ekki lengur er háð höfundarétti er nothæft á Wikipediu - sjá nánar Wikipedia:Almenningur.
Hér að neðan fylgir stutt samantekt af helstu atriðum Creative Commons afnotaleyfisins og leyfistextinn í heild á ensku, sem er eina gilda útgáfa leyfisins.
|Leyfistextinn í heild sinni|
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
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You may Distribute or Publicly Perform an Adaptation only under the terms of: (i) this License; (ii) a later version of this License with the same License Elements as this License; (iii) a Creative Commons jurisdiction license (either this or a later license version) that contains the same License Elements as this License (e.g., Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible License. If you license the Adaptation under one of the licenses mentioned in (iv), you must comply with the terms of that license. If you license the Adaptation under the terms of any of the licenses mentioned in (i), (ii) or (iii) (the "Applicable License"), you must comply with the terms of the Applicable License generally and the following provisions: (I) You must include a copy of, or the URI for, the Applicable License with every copy of each Adaptation You Distribute or Publicly Perform; (II) You may not offer or impose any terms on the Adaptation that restrict the terms of the Applicable License or the ability of the recipient of the Adaptation to exercise the rights granted to that recipient under the terms of the Applicable License; (III) You must keep intact all notices that refer to the Applicable License and to the disclaimer of warranties with every copy of the Work as included in the Adaptation You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation, You may not impose any effective technological measures on the Adaptation that restrict the ability of a recipient of the Adaptation from You to exercise the rights granted to that recipient under the terms of the Applicable License. This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License.
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5. Representations, Warranties and Disclaimer[breyta frumkóða]
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This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
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8. Miscellaneous[breyta frumkóða]
Each time You Distribute or Publicly Perform the Work or a Collection, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
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This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971).
These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
Sumt myndefni sem notað er á Wikipediu er ekki laust undan höfundarétti. Allt efni á Wikimedia Commons er það þó. Annað myndefni sem geymt er á Wikipediu má vera verndað hefðbundnum höfundalögum án þess að CC BY-SA 3.0 eða GFDL sé samþykkt. Þetta er álitið löglegt þar sem að í íslenskum höfundalögum segir í 10. gr. a:
Einkaréttur höfundar skv. 3. gr. (þ.e. að höfundur hefur einkarétt til afritunar og breytingar á verki), sbr. 2. gr., gildir ekki um gerð eintaka sem (...) hafa enga sjálfstæða fjárhagslega þýðingu.“
Í 14. gr. laga segir einnig:
Heimil er tilvitnun í birt bókmenntaverk, þar á meðal leiksviðsverk, svo og birt kvikmyndaverk og tónverk, ef hún er gerð í sambandi við gagnrýni, vísindi, almenna kynningu eða í öðrum viðurkenndum tilgangi, enda sé hún gerð innan hæfilegra marka og rétt með efni farið. Með sömu skilyrðum er heimilt að birta myndir og teikningar af birtum listaverkum og gögnum, sem getið er í 3. mgr. 1. gr., enda sé ekki um fjárhagslegan tilgang að ræða“
Breiðletrun texta í tilvitnunum og texti innan sviga er viðbót höfunda Wikipediu.
Þar sem sjálf Wikipedia hagnast ekki fjárhagslega á notkun þessara mynda og þær eru notaðar í almenna kynningu efnis og til fræðslu þá er almennt í lagi að nota þær. Þess þarf þó að gæta að rétt sé farið með myndefnið, hefðbundin höfundalög gilda og því má ekki gera breytingar á myndunum og það þarf að tryggja að heiti höfundar komi fram (hvort sem er dulnefni, listamannsnafn eða eiginnafn). Æskilegt er að sem mest af upplýsingum komi fram, svo sem hvaðan myndin er fengin o.s.frv.
Þeir sem hyggjast nota efni Wikipediu í einhverri mynd með það í huga að hagnast eru sjálfir ábyrgir fyrir því að gæta að höfundalög séu virt. Þeim ber annaðhvort að semja við rétthafa um notkun myndarinnar eða fjarlægja hana áður en efnið er notað.