Noncommercial - No Derivative Geo-Limited Public Licence

By exercising the Licensed Rights (defined below), you accept and agree to be bound by the terms and conditions of this NonCommercial-No Derivative Public Licence (hereby called "Public Licence"). In consideration to the benefits the Licensor and the Sub-Licensor receives from making the Licensed Material available under these terms and conditions, they grant you such rights, to the extent that this Public Licence may be interpreted as a contract.

Section 1 – Subjects of this Licence

  1. Licensed Material:
  1. The object of this Licence is the audio-video programme entitled "Don't Panic - The Truth About Population" (hereby called "Programme").
  1. Licensor:
  1. The copyright holder of the "programme" and consequent Licensor of the Public Licence is Wingspan Productions Ltd (hereby called "Wingspan").
  1. Co-Licensor:
  1. Gapminder Foundation (hereby called "Gapminder"), registered under the Stockholm County Administration Board (Länstyrelsen i Stockholm) with registration number (organisationsnummer) 802424-7721.

 

Section 2 – Definitions

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the  "Programme" and in which the "Programme" is altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by "Wingspan". For purposes of this Public Licence, where the "Programme" is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
  2. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized.
  3. 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.
  4. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the "programme".
  5. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public Licence, which are limited to all Copyright and Similar Rights that apply to Your use of the "programme" and that "Wingspan" has authority to license.
  6. NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public Licence, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
  7. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  8. You means the individual or entity exercising the Licensed Rights under this Public Licence. Your has a corresponding meaning.

 

Section 3 – Scope

  1. Licence grant
  1. Subject to the terms and conditions of this Public Licence, "Wingspan" hereby grants You a royalty-free, non-sublicensable, non-exclusive, irrevocable licence, valid in all countries, excluding those which are part of the United Kingdom[1], to exercise the Licensed Rights in the "Programme" to:

i. reproduce and share the "Programme", in whole or in part, for NonCommercial purposes only; and

  1. produce, reproduce and share Adapted Material only when such material consists of translation of subtitles and dubbing, as long as all the editorial values and  integrity and of the "Programme" is conserved.

iii. re-diffuse the “Programme” and its Adapted Material via worldwide web, CD-Rom, or any data storage device.

  1. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public Licence does not apply, and You do not need to comply with its terms and conditions.
  2. Term. The term of this Public Licence is specified in Section 5.
  3. Media and formats; technical modifications are subject to approval by the Licensor. You are only authorized by the Licensor to modify media format and make technical modifications whether now known or hereafter created under reference to and due negotiation with "Wingspan".
  4. Downstream recipients.

i. Offer from the Sub-Licensor  Licensed Material. Every recipient of the "Programme" automatically receives an offer from "Gapminder" to exercise the Licensed Rights under the terms and conditions of this Public Licence.

ii. 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 "Programme" if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.

  1. No endorsement. Nothing in this Public Licence constitutes or may be construed as permission to assert or imply that You are, or that Your use of the "programme" is, connected with, or sponsored, endorsed, or granted official status by "BBC", "Wingspan", "Gapminder" and others designated to receive attribution as provided in Section 4.1.a.i.1.

 

  1. Other rights
  1. To the extent possible, "Wingspan" and "Gapminder" waives any right to collect royalties 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 "Wingspan" expressly reserves any right to collect such royalties, including when the "the Programme" is used other than for NonCommercial purposes.

 

Section 4 – Licence Conditions

Your exercise of the Licensed Rights is expressly made subject to the following conditions:

  1. Attribution
  1. If You share the "the Programme", You must:

i. retain the following, exactly as it is supplied by "Wingspan" or by "Gapminder" with the "programme":

  1. identification of the creator(s) of the "Programme" and any others designated to receive attribution, in any reasonable manner requested by "Wingspan" or "Gapminder" (including by pseudonym if designated);
  2. a copyright notice in the form ©Wingspan Productions Ltd 2013
  3. a notice that refers to this Public Licence;
  4. a notice that refers to the disclaimer of warranties;
  5. a URl or hyperlink to the "programme" to the extent reasonably practicable;

ii. indicate any modifications to the "Programme" and retain an indication of any previous modifications; and

  1. indicate the "Programme" is licensed under this Public Licence, and include the text of, or the URl or hyperlink to, this Public Licence.
  1. You may satisfy the conditions in Section 4.1.a in any reasonable manner based on the medium, means, and context in which You share the "Programme". For example, it may be reasonable to satisfy the conditions by providing a URL or hyperlink to a resource that includes the required information.
  2. If requested by "Wingspan", You must remove any of the information required by Section 4.1.a.i to the extent reasonably practicable.

 

  1. Limitations
  1. If You share  "the Programme", You must comply with the following requirements:

i.  Uses of the "Programme" must be consistent with its editorial values and integrity and the standards and ethos of the "BBC";

  1. The "Programme"  shall not be used on a site which in any manner may cause offence, bring the "Programme", its producers, contributors, "Wingspan", "Gapminder" or the "BBC" into disrepute or diminish their reputations in any way;
  1. The "Programme"  shall not be used to endorse or promote any particular outside company or organisation or its activities or give rise to an appreciable risk that editorial decisions may be thought to be influenced by commercial considerations;

iv. Uses of the "Programme" shall not give the impression of the "BBC", "Wingspan", "Gapminder" or other contributor's endorsement of the values, opinions or political/charitable/campaigning objectives of any organisations or individuals;

  1. You shall not make any use whatsoever of any material based on the "Programme" (or element thereof) or Format (or element thereof) or the Characters for the purposes of any television programme, advertising activities or product endorsement or the making of any other audio-visual content in contravention of the BBC’s Fair Trading Guidelines or Producer’s Guidelines.

 

Section 5 – Term and Termination

  1. This Public Licence applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public Licence, then Your rights under this Public Licence terminate automatically.
  2. Where Your right to use the "Programme" has terminated under Section 5.1, it reinstates:
  1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
  2. upon express reinstatement by "Wingspan".
  1. For the avoidance of doubt, this Section 5.2 does not affect any right "Wingspan" may have to seek remedies for Your violations of this Public Licence.
  2. For the avoidance of doubt, "Wingspan" may also offer the "Programme" under separate terms or conditions or stop distributing the "Programme" at any time; however, doing so will not terminate this Public License.

 

Section 6 – Other Terms and Conditions

  1. "Wingspan" and "Gapminder" shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the "Programme" not stated herein are separate from and independent of the terms and conditions of this Public Licence.

 

Section 7 – Interpretation

  1. For the avoidance of doubt, this Public Licence does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the "Programme" that could lawfully be made without permission under this Public Licence.
  2. To the extent possible, if any provision of this Public Licence 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 Licence without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this Public Licence will be waived and no failure to comply consented to unless expressly agreed to by "Wingspan".
  4. Nothing in this Public Licence constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to "Wingspan", "Gapminder" or You, including from the legal processes of any jurisdiction or authority.

[1] Users in the United Kingdom shall contact Wingspan Productions Ltd. directly for clarifications about the rights related to this Programme. www.wingspanproductions.co.uk