Process

Rights Contributors Provide to the Gimel Foundation

This document specifies best current practices for contributions to the Gimel Foundation and requests discussion and suggestions for improvements. Distribution of this memo is unlimited.

Copyright Notice

This document is subject to the Legal Terms of Gimel Foundation and the Legal Terms regarding Gimel Foundation Documents in effect on the date of publication. Please review these documents carefully, as they describe your rights and restrictions with respect to this document.

Abstract

The Gimel Foundation policies about rights in Contributions are designed to ensure that such Contributions can be made available to the Gimel Foundation and its community, while permitting the authors to retain as many rights as possible. This memo details the Gimel Foundation policies on rights in Contributions and describes the objectives that the policies are designed to meet.

1. Definitions
2. Introduction
3. Exposition of Why These Procedures Are the Way They Are

3.1. Rights Granted in Contributions
3.2. Rights to Use Contributions
3.3. Right to Produce Derivative Works
3.4. Rights to Use Trademarks
3.5. Contributions Not Subject to Copyright
3.6. Copyright in Foundation Documents

4. Non-Gimel Foundation Documents
5. Rights in Contributions

5.1. General Policy
5.2. Confidentiality Obligations
5.3. Rights Granted by Contributors to the Gimel Foundation
5.4. Sublicenses by the Gimel Foundation
5.5. Representations and Warranties
5.6. No Duty to Publish
5.7. Trademarks
5.8. Copyright in Foundation Documents
5.9. Contributors’ Retention of Rights

6. Legends, Notices and Other Standardized Text in Foundation Documents
7. Security Considerations
8. References
9. Acknowledgments
10. Changes
11. Declaration

1. Definitions

The following definitions are for terms used in the context of this document.

“Contribution”: any submission to the Gimel Foundation intended by the Contributor for publication as part of a Foundation Document or any statement made within the context of Gimel Foundation activity. Such statements include oral statements in sessions as well as written and electronic communications, made at any time or place, that are addressed to:

the Gimel Foundation plenary session,
any working group or portion thereof,
any Birds of a Feather (BOF) session,
the Foundation’s governing bodies or any member thereof on behalf of such bodies,
any mailing list operating under Foundation auspices,
the Foundation Document Editor or relevant submission platform like Github.

Statements made outside of a session, mailing list, or other function, that are clearly not intended to be input to a Foundation activity or function are not Contributions in the context of this document.

“Contributor”: an individual submitting a Contribution.
“Indirect Contributor”: any person who has materially or substantially contributed to a Contribution without being personally involved in its submission to the Foundation.
“Copyright”: the legal right granted to an author in a document or other work of authorship under applicable law. A copyright encompasses all the exclusive rights that an author has in a work, such as the rights to copy, publish, distribute and create derivative works. An author often cedes these rights to their employer or other parties as a condition of employment or compensation.
“Gimel Foundation”: includes all individuals who participate in meetings, working groups, mailing lists, functions, and other activities that are organized or initiated by the Foundation or its appointed bodies.
“Foundation Documents”: official documents, including published materials and drafts, used in the Foundation’s processes.
“Foundation Process”: the activities undertaken by the Gimel Foundation as described above.
“Gimel Foundation LDA”: a legal entity established in accordance with applicable law to hold and administer intellectual property rights for the benefit of the Foundation.
“Draft Document”: temporary documents used in the Foundation Process.
“Legend Instructions”: the standardized text and instructions that are maintained by the Gimel Foundation and are included in Foundation Documents, as well as requirements for including that standardized text.
“Foundation Document”: the publication series used by the Gimel Foundation.
“Reasonably and personally known”: something an individual knows personally or, because of the job the individual holds, would reasonably be expected to know.
“Non-Gimel Foundation documents”: Documents submitted independently of the Foundation Process and not covered by this policy unless so assigned.

2. Introduction

In all matters of copyright and document procedures, the intent is to benefit the community and the public at large, while respecting the legitimate rights of others.

Under the laws of most countries and current international treaties, authors obtain numerous rights in the works they produce, automatically. These rights include copyrights, moral rights, and other rights. In many cases, if the author produces a work within the scope of employment, most of those rights are assigned to the employer, either by law or under contract. Certain rights are inalienable.

For Contributions to be used within the Foundation Process, including publication, certain limited rights must be granted to the Gimel Foundation. Contributors must make representations to the Gimel Foundation regarding their ability to grant these rights.

Section 1 provides definitions used in these policies. Sections 3 and 4 explain the rationale for these provisions. Sections 1, 2, 5, and 6 are normative; the other sections are informative.

This document is not intended as legal advice. Readers are advised to consult their own legal advisors if they would like a legal interpretation of their rights or the rights of the Gimel Foundation in any Contributions they make.

This memo does not retroactively obtain additional rights from Contributions that predate the announcement and adoption of these procedures.

3. Exposition of Why These Procedures Are the Way They Are

3.1. Rights Granted in Contributions

The Gimel Foundation must obtain the right to publish a Contribution as official documents or drafts from the Contributors. A primary objective is to secure from authors only the non-exclusive rights needed to develop and publish Foundation Documents and to use Contributions in the Foundation Process and potentially elsewhere. The authors retain all other rights, but cannot withdraw the above rights from the Foundation.

3.2. Rights to Use Contributions

It is important that the Foundation receive assurances from all Contributors that they have the authority to grant the rights they claim to grant. These assurances are requested only to the extent of the Contributor’s reasonable and personal knowledge.

3.3. Right to Produce Derivative Works

The Foundation needs to be able to evolve Documents in response to experience, research, and changing conditions, and may decide to permit others to develop derivative works. The right to produce derivatives, including translations, is required for official documents. Exceptions may apply for proprietary technologies or republications of other organizations’ work, in which case contributors must provide special legends as specified in the Legend Instructions.

3.4. Rights to Use Trademarks

Contributors may seek trademark or service mark protection on terms coined or used in their Contributions. The Foundation requires contributors to grant a perpetual license to the Foundation to use such marks solely in exercising rights to reproduce, publish, discuss, and modify the Contribution. This license does not authorize commercial use of the marks.

3.5. Contributions Not Subject to Copyright

Certain documents, including those in the public domain, may not be protected by the same legal rights. Contributors are asked to grant to the Foundation the same rights as if the Contribution were protected, to the extent possible.

3.6. Copyright in Foundation Documents

Contributors (or their employers) retain ownership of copyright in their Contributions, including drafts and all other forms of input. However, the Foundation, through its legal unit, owns the copyright in documents published as Foundation Documents, other than those classified as Non-Gimel Foundation Documents. This does not diminish Contributors’ rights in their underlying work, however, prevents others from republishing or modifying a Foundation Document in its official format.

4. Non-Gimel Foundation Documents

This document only relates to Contributions made as part of the Foundation Processes. Other documents may be submitted to and published independently. Such documents are not covered by this policy unless specifically stated.

5. Rights in Contributions

5.1. General Policy

By submitting a Contribution, each person submitting and each named co-Contributor is deemed to have read and understood these rules. Submission constitutes a legally-binding agreement to comply with the terms and conditions herein. The Contributor is further deemed to have obtained necessary permissions from any party that may have rights in the Contribution.

5.2. Confidentiality Obligations

No information or document under confidentiality or restriction may be submitted. Any statement indicating confidentiality can be disregarded.

5.3. Rights Granted by Contributors to the Gimel Foundation

To the extent protected by copyright or authorship rights, the Contributor and each named co-Contributor grant a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sublicensable right and license to the Foundation:

to copy, publish, display, and distribute the Contribution, in whole or in part,
to prepare and distribute translations,
to modify or prepare derivative works, unless explicitly disallowed in the Contribution,
to reproduce trademarks or marks solely in connection with reproduction, distribution, or publication of the Contribution and permitted derivative works.

5.4. Sublicenses by the Gimel Foundation

The Foundation may sublicense the rights granted to it, and may grant additional sublicenses according to its own legal terms.

5.5. Representations and Warranties

With respect to each Contribution, each Contributor represents that, to the best of their knowledge and ability:

The Contribution properly acknowledges all Contributors, including Indirect Contributors.
No information in the Contribution is confidential, and the Foundation and its affiliates may freely disclose any information in the Contribution.
There are no limits to the Contributor’s ability to make the grants and agreements herein, reasonably and personally known to the Contributor.
The Contribution does not include material that is defamatory, untrue, or illegal under the relevant jurisdiction.
All trademarks, trade names, service marks, and other proprietary names used in the Contribution are clearly designated as such where reasonable.

5.6. No Duty to Publish

The Contributor acknowledges that the Foundation has no duty to publish, use, or disseminate any Contribution, and may withdraw or cease using any Contribution that does not comply with the requirements of this document.

5.7. Trademarks

Contributors who claim trademark rights in terms used in their Contributions are requested to state the specific conditions for implementation of such trademarks.

5.8. Copyright in Foundation Documents

Subject to each Contributor’s ownership of their underlying Contributions and the licenses granted, copyright in any Foundation Document shall be owned by the Foundation. Submission constitutes assignment of copyright interest in the collective work constituting such Foundation Document to the Foundation, and a copyright notice acknowledging Foundation ownership shall be included.

5.9. Contributors’ Retention of Rights

Although Contributors provide specific rights to the Foundation, it is not intended to deprive them of their right to exploit their Contributions. The Foundation will issue a license or assurance to Contributors confirming that they may make use of their Contributions as published in Foundation Documents in any way they wish, except that no Contributor has the right to represent any document as an official Foundation Document unless it is a full and complete copy or translation of the published document.

6. Legends, Notices and Other Standardized Text in Foundation Documents

The Foundation requires certain standardized text to be reproduced verbatim in Foundation Documents (including copies, derivative works, and translations). Some of this text may be mandatory (e.g., copyright notices and disclaimers) and some may be optional (e.g., limitations on the right to make derivative works or Exclusions). The text and rules for its usage are included in the Legend Instructions and may be updated from time to time.

7. Security Considerations

This memo relates to Foundation processes, not any technology. There are no known security issues with Contribution rights policies.