| GA4GH Copyright Policy | = | |
| [DRAFT 19 Sept 19] | = | |
| Approved: [date] | = | |
| Contact: adrian.thorogood@ga4gh.org | = | |
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| PURPOSE | = | |
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| The purposes of this GA4GH Copyright Policy (“Policy”) are to: | = | |
| Encourage open and collaborative participation of institutions and individuals in standards-development under clear expectations and in conformity with the GA4GH Mission; | = | |
| Ensure that the GA4GH has clear rights under copyright law to adapt and utilize Contributions, incorporate them into GA4GH standards, and to distribute those standards widely; | = | |
| Encourage access and uptake of GA4GH standards through clear licensing; | = | |
| Maintain the integrity and compatibility of GA4GH standards; | = | |
| Encourage Users to extend GA4GH standards where appropriate and contribute improvements back to the GA4GH; | = | |
| Recognize both organizations and individuals for their contributions to standards-development; and | = | |
| Ensure consistency and coherence between this copyright policy and other GA4GH IP policies (i.e., trademark, patent). | = | |
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| DEFINITIONS | = | |
| Apache License – the Apache 2.0 License, a copy of which is attached hereto as Appendix A. | = | |
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| Contribution – All items submitted to the GA4GH that are proposed for inclusion in a GA4GH Work Product, whether submitted in writing or electronically, in person or through an electronic conference, mailing list, or other forum or medium maintained or overseen by the GA4GH. Without limiting the generality of the foregoing Contributions include written text, illustrations, diagrams, software code, data, and media of all kinds. | = | |
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| Contributor – An individual submitting a Contribution to the GA4GH in their individual capacity or as a representative of an Organizational Member. | = | |
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| Copyright Holder – the person or entity holding the right to grant the copyright licenses described in this Policy with respect to a particular Contribution. By way of example, an individual Contributor’s employer, principal, sponsor or assignee who has acquired the copyright in or to a Contribution created by such Contributor, and any joint owners of copyright in such Contributions with such Contributor, shall be considered the Copyright Holder(s) with respect to such Contribution. | = | |
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| Encumbrance – any lien, obligation, restriction or covenant, whether arising through contract, property, debt, judicial order or other legal mechanism, that could limit the scope or exercise of a license granted or purported to be granted hereunder. | = | |
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| Excerpt – reproduction of portions of a text verbatim for purposes of illustration, inclusion in educational materials and the like. | = | |
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| GA4GH – the association currently known as the “Global Alliance for Genomic Health” and any successor entity or entities thereof. | = | |
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| Host Institution – As defined in the Constitution of the GA4GH. | = | |
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| Organizational Member – As defined in the Constitution of the GA4GH. | = | |
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| OSS Licenses – a license approved by the Open Software Initiative. | = | |
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| Released Document – any standard, specification, ontology, documentation or other textual document other than Released Software that is made available by GA4GH for public use. | = | |
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| Released Software – any software program, module, application, macro, test suite, and other code that is made available by GA4GH for public use, including all associated documentation, release notes and data. | = | |
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| Translate – express a text from one human language into another without alteration of the meaning or intent of the original text. This definition does not encompass the porting of software from one programming language to another. | = | |
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| User – any person or entity that uses or desires to use any Released Document or Released Software on the terms set forth herein. | = | |
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| Work Product – All materials released by or developed under the auspices of GA4GH including, without limitation, Released Documents and Released Software. | = | |
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| Work Stream Leader – the person or persons designated as the leader(s) of a particular GA4GH activity, such as leading the development of a Work Product, pursuant to the Constitution of the GA4GH. | = | |
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| COPYRIGHT LICENSE BY CONTRIBUTORS TO GA4GH | = | |
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| Each Contributor grants to the GA4GH, or shall ensure that the Copyright Holder grants to GA4GH, a perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, worldwide licence to copy, publish, distribute, modify and create derivative works of each Contribution made by such Contributor under all copyrights and related rights therein. | = | |
| To the extent legally permitted, Contributor irrevocably waives any and all moral rights, droit moral, rights of authors and similar rights with respect to each Contribution. | = | |
| Each Contributor represents and warrants to GA4GH that, to the best of his or her knowledge, each Contribution made by such Contributor is, at the time of contribution, free from any and all Encumbrances or, that if any such Encumbrance exists, it has been disclosed in writing to the relevant Work Stream Leader concurrently with its contribution to GA4GH. | = | |
| For the avoidance of doubt, each Contributor acknowledges, on his or her own behalf and on behalf of any relevant Copyright Owner, that any Work Product that includes all or a portion of a Contribution is considered a “derivative work” of that Contribution for all purposes, including for purposes of Sections 203 and 314 of the U.S. Copyright Act. | = | |
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| LICENSE GRANTED BY GA4GH FOR STANDARDS DEVELOPMENT | = | |
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| License for Standards Development – GA4GH grants to each participant in GA4GH activities, for the duration of such participation, solely to the extent of GA4GH’s legal right to do so, a nonexclusive, royalty-free, non-sublicensable, worldwide licence to copy, distribute, modify and create derivative works of each Contribution and Work Product, under all copyrights and related rights therein, solely for purposes of developing, modifying and maintaining Work Product as part of authorized GA4GH activity. | = | |
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| LICENSE GRANTED BY GA4GH FOR IMPLEMENTATION OF RELEASED DOCUMENTS | = | |
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| Grant of License - GA4GH grants to each User, solely to the extent of GA4GH’s legal right to do so, a perpetual, nonexclusive, royalty-free, non-sublicensable, worldwide licence to copy, distribute, Excerpt and Translate each Released Document, under all copyrights and related rights therein, for any purpose. | = | |
| Derivative Works – The license granted under Section 5.a above shall not include the right to modify or make derivative works or any Released Document except as expressly set forth in Section 5.a, unless the relevant Work Stream Leader has authorized the making of derivative works in a written decision that is filed with the official records of the relevant work stream. Notwithstanding the foregoing, under no circumstances shall any User alter, remove, obscure or hide any copyright or authorship information included in any Released Document. | = | |
| Attribution and Notice – Each User agrees to include in every reproduction or Excerpt of any Released Document the following notifications: (1) the text “Created by GA4GH” and (2) any copyright notice that is included in the Released Document and (3) the text “Use and reproduction of this document is subject to the terms of the GA4GH Copyright Policy, a current version of which may be found at http://______________”. Such text shall be included in one or more prominent locations within and/or associated with the relevant document or item (e.g., in the header file, metadata). | = | |
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| LICENSE GRANTED BY GA4GH FOR RELEASED SOFTWARE | = | |
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| Apache License - GA4GH grants to each User, solely to the extent of GA4GH’s legal right to do so, a license with respect to Released Software on the terms of the Apache License. Each User agrees to comply with all terms of such Apache License. | = | |
| Alternative OSS Licenses – In some cases, GA4GH may determine that an open source license other than the Apache License is preferable for a particular item of Released Software (e.g., particular test suites). If so, such determination will be recorded in the official records of the relevant work stream and clearly communicated to Contributors. The selected open source license terms shall be appended to the relevant Released Software release notes or otherwise made available in a prominent location. | = | |
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| COPYRIGHT IN WORK PRODUCT | = | |
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| Each Contributor and User acknowledges that GA4GH is and shall remain the owner of the copyright in any and all Work Product, including Released Documents and Released Software, and including the copyright in the compilation and collective work, subject in all cases to the Contributors’ retention of ownership of the copyright in their original Contributions. | = | |
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| LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES | = | |
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| The following terms apply to all Work Product released or made available by GA4GH: | = | |
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| ALL WORK PRODUCT RELEASED OR PROVIDED BY GA4GH AND THE INFORMATION CONTAINED THEREIN IS PROVIDED ON AN "AS IS" BASIS AND GA4GH, ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS AND HOST INSTITUTIONS, THE CONTRIBUTORS, AND THE COPYRIGHT OWNER(S) (COLLECTIVELY, THE “PROVIDERS”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF SUCH DOCUMENT AND INFORMATION WILL NOT CAUSE INJURY, INFRINGE ANY THIRD PARTY RIGHTS OR VIOLATE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. | = | |
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| EACH USER AND CONTRIBUTOR AGREES, AS A CONDITION TO THE USE OF ANY WORK PRODUCT AND THE PARTICIPATION IN GA4GH, THAT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDERS HEREBY EXCLUDE ALL LIABILITY WHATSOEVER WITH RESPECT TO THE PROVISION, DISTRIBUTION OR USE OF ANY WORK PRODUCT OR INFORMATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES. | = | |
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| The above shall be in addition to any disclaimers or limitations contained in the Apache License or other applicable open source license applicable to Released Software. | = | |
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| ADMINISTRATION | = | |
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| The GA4GH Secretariat or its delegate is responsible for the administration of this Policy. Questions relating to this Policy should be sent to info@ga4gh.org. | = | |
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| AMENDMENTS | = | |
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| This Policy may be amended in accordance with the procedures for policy amendment set forth in the Constitution of the GA4GH, and such policy amendments shall take effect as set forth therein. | = | |
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| APPENDIX A | = | |
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| [Insert Apache 2.0 License] | = | |
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/Docs/G/GA4GH/ga4gh-copyright-policy/X-old/Draft_Copyright_Policy_19_Sept_19