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The authors of 1914-1918-online. International Encyclopedia of the First World War
the Freie Universität Berlin, represented by its President, who in turn is represented by
one of the leaders of the project 1914-1918-online. International Encyclopedia of the
First World War,
Prof. Dr. Oliver Janz
Freie Universität Berlin
1914-1918-online. International Encyclopedia of the First World War(hereinafter referred to as ‘1914-1918-online’) is a project sponsored by the German Research Foundation and carried out by the Friedrich Meinecke Institute of the Freie Universität Berlin, the Center for Digital Systems (Center für Digitale Systeme) of the Freie Universität Berlin, and the Bavarian State Library (Bayerische Staatsbibliothek). Its aim is to create an online English-language encyclopedia on the First World War, to be published on the centenary of the war’s outbreak in 1914. Using innovative technology and engaging renowned international experts, the aim is to provide scholars and interested members of the public with a high-quality and contemporary information source on the ‘primal catastrophe of the Twentieth Century. To enable as extensive distribution as possible, the contributions comprising the project are being placed online at 1914-1918-online for free access under a Creative Commons licence (hereinafter ‘CC Licence’) (for more details see paragraph 2 below). The aim of the present Agreement is to spell out the legal rights of the contributions in such a way that the aim of the project can be achieved while safeguarding the authors’ interests.
All contributions to 1914-1918-online are published under the Creative Commons licence CC BY-NC-ND 3.0 Deutschland Lizenz (Attribution-NonCommercial-NoDerivs 3.0 Germany, see http://creativecommons.org/licenses/by-nc-nd/3.0/de/deed.en_GB and the full text of the licence at http://creativecommons.org/licenses/by-nc-nd/3.0/de/legalcode). This licence permits anyone (including the author him or herself) to reproduce and distribute the contributions and make them available online without paying a licence fee and without requiring individual permission. To this end, users of the contributions are granted non-exclusive rights of use, unlimited geographically and as to time, within the scope mentioned in the licence. The licence used by 1914-1918-online expressly does not permit third parties to use or process the contributions for commercial purposes or to change or modify them.
Section 1 Granting of rights of use
The Author herewith grants the Freie Universität Berlin the exclusive right of use, unlimited geographically and as to content and time, to reproduce, distribute, and publish his or her contributions in any form and in any known or as yet unknown form of use, in particular to make them publicly available (online). The FU Berlin may reassign these rights and/or grant sub-licences, and in particular publish the contributions under the CC Licence mentioned in paragraph 2 of the Preamble hereto.
The Author herewith grants the Freie Universität Berlin the right to adapt his or her contributions which are the subject of the present Agreement for the web presence on 1914-1918-online, that is, to revise and/or edit them, to convert them into other data formats, to enhance them with other materials (video, audio, etc.) and to combine them with other content.
Irrespective of the restriction in this regard in the CC Licence, the Author may use his or her contributions, in the version as submitted to 1914-1918-online, commercially or permit third parties to use them commercially, to the extent that the rights granted to the Freie Universität Berlin under the present Agreement are not restricted.
Section 2 Guarantee of rights
The Author guarantees that he or she may freely dispose of the copyright and rights of use in his or her contributions, that the above-specified uses do not infringe upon any third party rights, and that his or her contributions and all the elements thereof do not violate any rights of third parties, in particular their copyright and/or personal rights. This includes all materials included in the contributions forming the subject of the present Agreement (e.g. photographs and graphic elements). A publication permission form, as attached to the present Authors’ Agreement and thus forming an integral part of the present Agreement, signed by the owner of the rights must be submitted for such materials. If claims are made by third parties against the Freie Universität Berlin due to the breach of the Author’s contractual duties, the Author shall indemnify the Freie Universität Berlin in full against any and all liability and costs, including costs of any legal proceedings.
Section 3 Entry into force of the Agreement
The present Authors’ Agreement shall enter into force upon receipt of the consent declaration by the Authors. The rights granted to the Freie Universität Berlin under Section 2 hereof in the respective contribution are assigned subject to the condition that the contribution is published on 1914-1918-online within 24 months after it is received.
Section 4 Payment
As 1914-1918-online does not pursue any commercial intentions and the work is being made available free of charge under the CC Licence mentioned above, no Author’s fee will be paid.
Section 5 Final provisions
a) Any amendments or additions to the present Agreement must be made in writing.
b) This contractual relationship is governed by German law.c) Should any individual provisions of the present Agreement be or become invalid or inoperable, this shall not affect the validity of the remaining provisions.
Berlin, 26 July 2012