Joint Commercial. If you use this work for commercial purposes, you need to share some income with the common creative community via the Royalty Inheritance Program (RIP). |
Royalty Inheritance Program (RIP)
Summary
The licensee pays 10 % of its common work related income to the value added creator that transformed the common work into its current form, and 5 % to the creators of the original work if he sells directly to end users.The common work related income is calculated by an annual electronic form (the RIP Form) and takes a fair ratio of the used materials into account. The form supports also the transfer of the resulting RIP royalty to the relevant parties. The royalty breakdown for the creators of the original work is based on an online accounting system and on a RIP key which is used for offline media sales.
Introduction
Further to the concept of Common Creatives "Some Rights Reserved", which allows flexible share of authoring rights across global creative societies, the Royalty Inheritance Program (RIP) is introduced to advance this idea economically and to allow to share commercial fruits of common work as well. Today, within the Common Creative legal framework, commercial use is either completely forbidden or totally granted to the licensee without taking considerable efforts in the value chain into account.
License Participants
RIP participants can assume the following roles:- Creators of the original work (COW)
- Value Added Creators (VAC)
- Distributors (DIB)
- End users
VACs adapt the work as provided by a COW or another VAC licensor and derivate it in a manner that changes the work to something substantial different, and/or creates a new use case of it. Every VAC owns copyrights on the value he added to the work.
DIBs copy, distribute and transmit the work or parts of it in the same form or use case as provided by a VAC or a COW licensor. However, the media in which the work is presented may be different.
End users are intentionally the final recipients (consumers) of the common work as provided by DIBs through direct sales (all kinds of distribution and broadcasting). An end user does usually not use the work for further commercial activities. He may, however, further freely distribute the work if granted by the remaining terms of the license. Others might then again commercially built upon it, distribute it, etc., according to the terms of this waiver.
License Payments and Inheritance
VAC Royalty: VAC licensees share 10 % of their common work related income with their preceding VAC licensor. Any VAC or DIB transfers licensors' rights from the last preceding VAC licensor via the RIP form to any further licensee, i.e. any VAC or DIB has exact one VAC predecessor. The only exception is represented by a VAC that builds directly upon the work of the COWs, or which engages the RIP license the first time down the chain of a common work (the RIP license initiator). In this only case, the VAC is not due to the VAC royalty.DIB Royalty: The DIB royalty is composed of the VAC royalty and the COW royalty. DIB licensees share 10 % of their common work related income with their preceding VAC licensor (VAC royalty, see above) and 5 % with the COWs based on an online accounting system and the RIP key (COW royalty). The same is valid for a VAC that behaves also as a DIB providing work to end users. If a DIB sells to another DIB without distributing the work directly, he does not need to pay the COW royalty.
The licensor is obliged to provide an electronic RIP form which allows the licensee to view the exact use of the common work resources during a certain period of time (ogoing, or per financial year) and to conduct his royalty payments accordingly. He is also obliged to provide easy access to the form and to all information and operations needed to comply with the terms of this license (how to assign work for commercial use, etc., see RIP User Guide).
The licensee is obliged to enter his income related to the common work on an ongoing basis (at least annually) and to provide an estimate of the extent to which the common work has contributed to the sold work (material ratio) and to which extent the work has been sold directly.
The RIP form can be used at any time to issue the exact statistics about the materials used by the specific licensee (including the RIP key) and is anonymously calculated on the local computer of the licensee. The RIP form issues also suitable attribute reports that need to be applied to any work contribution (including non-commercial) in accordance with the attribution obligations of the Commons Creative License that wraps this waiver.
COW royalties are paid into a fund that is managed by the VAC. The RIP form administrator functions allow the distribution of the royalty amounts on an ongoing basis.
As soon as RIP sales leave the online reporting system via non server-based media (for example a CD), a RIP key is issued and must be used in any further distribution to determine the COW royalty break-down of non server-based sales.
Miscellaneous
The RIP license can be entered at a later time in a value chain of derivative work in continuation to other former agreements if those agreements do not contradict the RIP terms. Once the RIP license is introduced, the complete forth going work in any transformation will be bound to this license ("share alike" condition).VACs, DIBs and COWs can operate as one legal unit.
Termination: Every RIP-licensor is obliged to announce any planned disruption of his services due to his or his preceding licensor's decision or any other reason 6 months in advance and needs to make sure that at the same time all direct licensees involved are properly notified (usually by an announcement on the same website the services are provided).
Examples
The added value of a VAC can be represented by:- a unique composition build upon common provided sounds,
- a new program code that allows advanced use of common provided pictures (for example automatic transformations),
- a new program code that allows additional browsers or other client-server based applications to be used,
- a specific collection of common provided music pieces along with a new distribution system and explanations that allow the music to be specifically used in music therapeutic environments
- a TV broadcast of a common work video featured by a lots of background information
- a musical piece is being synchronized with a movie
- a common work composition is inserted in a CD sampler,
- a part of a musical composition is broadcasted within a regular listening program,
- a common work photo is inserted into a photo book
- RIP White Paper
- RIP User Guide
- RIP Administration Guide (password protected)
- RIP Form
- Usage Reports
- Sound Page Example
- VAC Homepage
Final Statements
This waiver (the "RIP license") may be due to changes. In any case, the RIP form always represents the most recent duties as stated by the framework of this waiver (the RIP form might override detailed information of this waiver). You are obliged to evoke the RIP form for any commercial use that applies as stated by this waiver.In NO CASE common provided content may be used for advertisement except to advertise for the work itself. All Common Creatives license terms apply where not extended by this waiver. This waiver overrides the restriction of Non-commercial use by its own terms only. No other exceptions for commercial use may apply unlike agreed by an initiator (and not any licensee) of this RIP license.