Trait: Licensed Material
An organizational Trait meant to highlight Licensed Material and Adapted License Material, as per the ORC License's, Section 1.a to Section 1.g, Section 2.d, and Section 3a to Section 3d
When in use, this trait will be in Red.
Everything with the Licensed Material trait
I. Definitions. a. Adapted Licensed Material means Derivative Works that Use all or any portion of the Licensed Material that You create or publish to the limited extent that such Derivative Works would otherwise constitute those forms of Licensed Material set forth in Section I.e.(2) below. Adapted Licensed Material expressly excludes works that would constitute Reserved Material. b. 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. In no event shall Copyright and Similar Rights include trademark or patent rights. c. Derivative Work means: (i) for a product that Uses a single playable game system, the entire product published by or on behalf of You that is based on, derived from, or incorporates all or any portion of the Licensed Material; and (ii) for products containing sections relating to multiple non-interoperable game systems (such as a magazine featuring sections regarding multiple unrelated games from different publishers or a website with portions related to different games) the entire portion of the product related to or derived from the Licensed Material shall constitute the Derivative Work. d. 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. e. Licensed Material means (1) any material contained in a Work that would otherwise constitute Reserved Material but that has been expressly designated as Licensed Material by that material’s Licensor, and (2) those expressions reasonably necessary to convey functional ideas and methods of operation of a game that are contained in a Work that are comprised of systems, procedures, processes, rules, laws, instructions, heuristics, routines, functional elements, commands, structures, principles, methodologies, operations, devices, and concepts of play, and the limitations, restraints, constraints, allowances, and affordances inherent in gameplay, including but not limited to expressions describing the function of or providing instructions as to the following: i. Creation and play of player and non-player characters (such as statistics, attributes, statblocks, traits, classes, jobs, alignments, professions, proficiencies, abilities, spells, skills, actions, reactions, interactions, resources, and equipment ii. Systems and classifications applicable to gameplay (such as alignments, backgrounds, classes, experience points, levels and leveling up, encounters, combat, initiative and turn order, movement, monster statistics, creature types, traps, conditions, buffs and debuffs, powers, terrain types, challenge ratings, moves, difficulty classes, skill checks, saving throws, resting and resource management, classification of magic systems, spell and ability effects, looting, items and equipment, diplomacy systems, dialogue options, and outcome determination iii. Methods of determining success, failure, or outcome, and any expressions of such methods or of such successes, failures, or outcomes; and iv. Methods and mediums by which players play the game (such as dice rolling, random number generation, coin flipping, card drawing and play, applying modifiers to results of chance, creating or filling in character sheets, moving and interacting with tokens or figurines, drawing maps and illustrations, speaking, messaging, acting, pantomime, writing notes, asking questions, and making statements). 2 The term Licensed Material shall in no event include Third Party Reserved Material. For the avoidance of doubt, the term Licensed Material is intended to exclude Reserved Material except to the limited extent a Licensor has expressly designated content that would otherwise constitute their Reserved Material as Licensed Material pursuant to notice published under Article III. f. Licensed Rights means the rights granted to You subject to the terms and conditions of this ORC License, which are limited to all Copyright and Similar Rights that apply to Your Use of the Licensed Material and that the Licensor has authority to license. g. Licensor means any individual or entity granting rights under this ORC License.
d. Limitations. i. Nothing in this ORC License constitutes or may be construed as permission to assert or imply that You are, or that Your Use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution hereunder. ii. Moral rights, such as the right of integrity, are not licensed under this ORC License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. iii. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights and Use of the Licensed Material, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme.
III. Required Notice. The grant of this ORC License to You is expressly conditioned on You including the notice statements described in subsections (a)–(d) below in a reasonable manner based on the medium, means, and context in which You Used the Licensed Material: a. ORC Notice. The following statement designating the location and the terms of this ORC License: This product is licensed under the ORC License located at the Library of Congress at TX00[number TBD] and available online at various locations. All warranties are disclaimed as set forth therein. b. Attribution Notice. i. A statement based on reasonable, good-faith efforts that identifies each Licensor or creator of the Licensed Material You Used and any others designated to receive attribution, including all upstream licensors of Licensed Material upon which Your Adapted Licensed Material is based or derived from, worded in any accurate and reasonable manner so requested by such parties. Such credit may be named, anonymous, or a reasonable pseudonym. For the avoidance of doubt, both Licensor and all parties similarly credited under Licensor’s attribution notice should be included in Your attribution notice unless otherwise reasonably indicated by such parties. ii. A statement indicating how You wish to be reasonably credited with respect to the Adapted Licensed Material licensed by You under this ORC License, including anonymously or by pseudonym if designated. Licensors and creators may update their name, anonymity designation, or pseudonym from time-to-time by notice to You and other known licensees hereunder; however, such change shall in no event require You to halt distribution of any 4 Works You have produced or destroy any produced Works or Works-in-progress, but shall merely require You to use good faith efforts to implement the requested change on a going forward basis. c. Reserved Material Notice. A statement based on reasonable, good-faith efforts that identifies the elements of Your Reserved Material, if any, contained in the Derivative Work in which You Use the Licensed Material. For avoidance of doubt, such designation neither limits Your rights in Your Reserved Material nor limits any downstream licensee’s Use of the Adapted Licensed Material. In the event of a conflict between Your designation of Reserved Material and the definition of Licensed Material, the definition shall control. d. Expressly Designated Licensed Material. A statement that identifies any elements of Your content that would otherwise constitute Reserved Material contained in Your Derivative Work that You agree to offer to prospective licensees under the ORC License as Licensed Material pursuant to Section I.e.(1) above.
When in use, this trait will be in Red.