Copyright License for Musical Works

All content at www.BeatnikTurtle.com and www.TheSongOfTheDay.com © 1997-Present Beatnik Turtle. "Content" is defined broadly as semi-entertaining and partially amusing words, articles, pictures, music, video, etc. and is the property of Beatnik Turtle. All rights reserved...

...however, Beatnik Turtle is very much aware of the works of intellectual property rights guru, Larry Lessig, a law professor at Stanford University, and the good people at creativecommons.org. For those of you who don't know, Prof. Lessig helped create and establish the Creative Commons Licenses thanks to his firm belief that U.S. copyright law is too restrictive and that the ability to modify creative works of others is crucial for the intellectual health of any society. A Creative Commons License reserves some rights, but gives away others.

We at Beatnik Turtle applaud Lessig's work and would like to share our website through one of the Creative Commons Licenses. However, in reviewing these licenses, we found a huge hole that apparently Larry completely overlooked. Namely, if we let you copy some of our non-musical work, then you can't just go out and make it suck.

Now, you can't blame him for missing this, he's only a lawyer, after all. But, being musicians, we decided to rectify this by adding a Don't Make It Suck provision. We're therefore proud to introduce and hereby declare all Musical Works that are made available to the public free of charge at www.BeatnikTurtle.com and www.TheSongOfTheDay.com as licensed under this new and improved Creative Commons License:

Beatnik Turtle's New & Improved "Sampling, Attribution, NonCommercial, Don’tMakeItSuck" License

For Musical Works at www.BeatnikTurtle.com and www.TheSongOfTheDay.com

1. Human-Readable Summary:

You are free:

To perform, display, and distribute copies of this whole work for noncommercial purposes (e.g., file-sharing or noncommercial podcasting/webcasting).

To sample, mash-up, or otherwise creatively transform this work for noncommercial purposes.

Under the following conditions:

Attribution. You must give the copyright holder credit. This includes:

1. The correct title of the song being sampled,

2. The copyright information,

3. The artist (“Beatnik Turtle”); and

4. A reference to http://www.BeatnikTurtle.com/ and/or http://www.TheSongOfTheDay.com/

Noncommercial. You may not use this work for commercial purposes. For information regarding licensing Beatnik Turtle works for commercial purposes, contact Beatnik Turtle at publishing@beatnikturtle.com.

Don't Make It Suck. You can't make a modification to our work that ends up sucking. This is a real challenge, because there’s a good chance that the work of ours that you want to use sucks now or is damn near close. So, you got your work cut out for you. Just don’t screw it up royally by cranking the suck knob up to eleven and then go and embarrass us with attribution…yet again. If you're gonna do that then go modify somebody else's work. Jerk.

Your fair use and other rights are in no way affected by the above.

2. Non-Human-Readable (the actual legal terms and conditions that control):

THE MUSICAL WORK AT WWW.BEATNIKTURTLE.COM AND WWW.THESONGOFTHEDAY.COM (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE MUSICAL WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

a. "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.

b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.

c. "Licensor" means the individual or entity that offers the Work under the terms of this License.

d. "Original Author" means the individual or entity who created the Work.

e. "Work" means the copyrightable Musical Works of authorship offered under the terms of this License. Non-Musical Works are covered in a separate license available here.

f. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant & Restrictions. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below on the conditions as stated below:

a. Re-creativity permitted. You may create and reproduce Derivative Works, provided that:

i. the Derivative Work(s) constitute a good-faith partial or recombined usage employing "sampling," "collage," "mash-up," or other comparable artistic technique, whether now known or hereafter devised, that is highly transformative of the original, as appropriate to the medium, genre, and market niche; and

ii. Your Derivative Work(s) must only make a partial use of the original Work, or if You choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work. In the case of a musical Work and/or audio recording, the mere synchronization ("synching") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different. Contact Beatnik Turtle if You need the Work for this purpose.

b. You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission, any Derivative Work(s) authorized under this License.

c. Prohibition on advertising. All advertising and promotional uses are excluded from the above rights, except for advertisement and promotion of the Derivative Work(s) that You are creating from the Work and Yourself as the author thereof.

d. Non-commercial sharing of verbatim copies permitted.

i. You may reproduce the Work, incorporate the Work into one or more Collective Works, and reproduce the Work as incorporated in the Collective Works. You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including or incorporated in Collective Works.

ii. You may not exercise any of the rights granted to You in the paragraph immediately above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.

e. Attribution and Notice.

i. If You distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by, to the extent reasonably practicable, (i) conveying the name of the Original Author ("Beatnik Turtle") (ii) the website URL (http://www.beatnikturtle.com/ and/or http://www.thesongoftheday.com/), (iii) the title of the Work and (iv) provide the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work or a Derivative Work, unless such Uniform Resource Identifier does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, provide a credit identifying the use of the Work in the Derivative Work (e.g., "Remix of ____ by Beatnik Turtle (www.beatnikturtle.com)" or "Inclusion of a portion of _____ by Beatnik Turtle (www.beatnikturtle.com) in collage"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

ii. You may distribute, publicly display, publicly perform or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work or Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access of use of the Work in a manner inconsistent with the terms of this License. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. Upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work or Collective Work any reference to such Licensor or the Original Author, as requested.

f. Non-Musical Work. For the avoidance of doubt, all Non-Musical Works (e.g. published writings, etc.) available at www.beatnikturtle.com and www.thesongoftheday.com are covered under a separate Non-Musical Work License available here.

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.

4. Disclaimer

UNLESS SPECIFIED OTHERWISE BY THE PARTIES IN A SEPARATE WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

5. Limitation on Liability

IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Termination

a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 4, 5, 6, and 7 will survive any termination of this License.

b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

7. Miscellaneous

a. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.

b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.

c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

e. This License shall be governed under the laws of the State of Illinois in the United States of America without regard to its conflict of law rules.

f. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements, or representations with respect to the Work, and with respect to the subject matter hereof, not specified above. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Creative Commons is not a party to this License, and makes no warranty whatsoever in connection with the Work. Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if Creative Commons has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark "Creative Commons" or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons' then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at http://creativecommons.org/.
Beatnik Turtle may be contacted at http://www.beatnikturtle.com/ and even more specifically here.

Copyright License for Non-Musical Works

All content at www.BeatnikTurtle.com and www.TheSongOfTheDay.com © 1997-Present Beatnik Turtle. “Content” is defined broadly as semi-entertaining and partially amusing words, articles, pictures, music, video, etc. and is the property of Beatnik Turtle. All rights reserved…

…however, Beatnik Turtle is very much aware of the works of intellectual property rights guru, Larry Lessig, a law professor at Stanford University, and the good people atcreativecommons.org. For those of you who don’t know, Prof. Lessig helped create and establish the Creative Commons Licenses thanks to his firm belief that U.S. copyright law is too restrictive and that the ability to modify creative works of others is crucial for the intellectual health of any society. A Creative Commons License reserves some rights, but gives away others.

We at Beatnik Turtle applaud Lessig’s work and would like to share our website through one of the Creative Commons Licenses. However, in reviewing these licenses, we found a huge hole that apparently Larry completely overlooked. Namely, if we let you copy some of our non-musical work, then you can’t just go out, change it around, and make it suck.

Now, you can’t blame him for missing this, he’s only a lawyer, after all. But, being musicians, we decided to rectify this by adding a Don’t Make It Suck provision. We’re therefore proud to introduce and hereby declare all Non-Musical Works that are made available to the public free of charge at www.BeatnikTurtle.com and www.TheSongOfTheDay.com licensed under this new and improved Creative Commons License:

Beatnik Turtle’s New & Improved “Attribution, NonCommercial, ShareAlike, Don’tMakeItSuck “License

For Non-Musical Works at www.BeatnikTurtle.com and www.TheSongOfTheDay.com

1. Human-Readable Summary:

You are free:

To copy, distribute, display, and perform the non-musical work.
To make derviative works of the non-musical work.

Under the following conditions:

Attribution. You must give the copyright holder credit. This includes:

1. The author of the work and, if no author is specifically identified, “Beatnik Turtle”; and

2. A reference to http://www.BeatnikTurtle.com/ and/or http://TheSongOfTheDay.com.

Noncommercial. You may not use this work for commercial purposes. For information regarding licensing Beatnik Turtle works for commercial purposes, contact Beatnik Turtle atpublishing@beatnikturtle.com.

Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under a license identical to this one.

Don’t Make It Suck. You can’t make a modification to our work that ends up sucking. This is a real challenge, because there’s a good chance that the work of ours that you want to use sucks now or is damn near close. So, you got your work cut out for you. Just don’t screw it up royally by cranking the suck knob up to eleven and then go and embarrass us with attribution…yet again. If you’re gonna do that then go modify somebody else’s work. Jerk.

Your fair use and other rights are in no way affected by the above.

2. Non-Human-Readable (the actual legal terms and conditions that control):

THE NON-MUSICAL WORK AT WWW.BEATNIKTURTLE.COM ANDWWW.THESONGOFTHEDAY.COM (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF A CREATIVE COMMONS PUBLIC LICENSE (“CCPL” OR “LICENSE”). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE NON-MUSICAL WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

a. “Collective Work” means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
b. “Derivative Work” means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License.
c. “Licensor” means the individual or entity that offers the Work under the terms of this License.
d. “Original Author” means the individual or entity who created the Work. In this case, it includes
e. “Work” means the copyrightable non-musical work of authorship offered under the terms of this License with the exception of (i) those non-musical works outlined in Exhibit A (which is hereby incorporated by reference and made part of this License), and (ii) Musical Works (e.g. sound recordings or musical composition) which are covered under a separate license available here.
f. “You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
g. “License Elements” means the following high-level license attributes as selected by Licensor and indicated in the title of this License: Attribution, Noncommercial, ShareAlike.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

a. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
b. to create and reproduce Derivative Works;
c. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
d. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

a. You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(d), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(d), as requested.
b. You may distribute, publicly display, publicly perform, or publicly digitally perform a Derivative Work only under the terms of this License, a later version of this License with the same License Elements as this License, or a Creative Commons iCommons license that contains the same License Elements as this License (e.g. Attribution-NonCommercial-ShareAlike 2.5 Japan). You must include a copy of, or the Uniform Resource Identifier for, this License or other license specified in the previous sentence with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
c. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
d. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (“Beatnik Turtle”), (ii) the website URL (http://www.BeatnikTurtle.com/and/or http://www.TheSongOfTheDay.com/), (iii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor’s copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., “French translation of the Work by Original Author,” or “Screenplay based on original Work by Original Author”). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
e. For the avoidance of doubt, all Musical Works available at www.BeatnikTurtle.com andwww.TheSongOfTheDay.com (e.g., sound recordings or musical compositions) are covered under a separate Musical Works License available here.

5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

a. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
c. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
e. This License shall be governed under the laws of the State of Illinois in the United States of America without regard to its conflict of law rules.
f. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL, neither party will use the trademark “Creative Commons” or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons. Any permitted use will be in compliance with Creative Commons’ then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time.

Creative Commons may be contacted at http://creativecommons.org/.
Beatnik Turtle may be contacted at http://www.beatnikturtle.com/ and even more specificallyhere.

Copyright – Special Exceptions

The following are items that are not subject to the Non-Musical Work License and Musical Work License covering www.beatnikturtle.com and for which all rights are, in fact, reserved (“Exceptions”).

1. Clip Art

Images like the clip art that’s used throughout the site were obtained from ISMI’s MasterClips® and MasterPhotos® Premium Image Collection, 1895 Francisco Blvd. East, San Rafael, CA 94901-5506, USA. You can check out their website at www.arttoday.com (which has since been changed to www.clipart.com).

2. Beatnik Turtle

The Beatnik Turtle name (“Beatnik Turtle”), the Beatnik Turtle Mascot and any derivatives of it (see the cute little turtle image at the top of our banner), and the Beatnik Turtle logo are all trademarks of Beatnik Turtle Productions. Additionally, the Beatnik Turtle Mascot image and Logo are Copyright 1997 Beatnik Turtle Productions. All Rights Reserved.

3. Cheapass Games

All Cheapass Games game titles and characters, Cheapass Games, and the Cheapass pawn logo are trademarks of Cheapass Games. Images and references to Cheapass Games trademarks contained throughout www.BeatnikTurtle.com and www.TheSongOfTheDay.comare used by permission.

If you have any doubts or questions – just contact us.

User Submissions

We love collaborating on songs and projects. It’s what the net is for. Anything goes: song ideas, lyrics, album art, recording and sending in handclaps, vocals, guitar licks, percussion, making videos, remixes, etc. Everything is game.

We’ve collaborated with musicians, non-musicians, podcasters, theater directors, TV and filmmakers, writers, friends, and fans. So, jump in and collaborate with us as well.

Here’s How To Participate

1. Become a fan of Beatnik Turtle at Facebook so you can create with us. This allows you to post in the forums.
2. Join the Mailing List.
3. Follow us on Twitter.
4. Subscribe to TheSongOfTheDay.com Podcast to hear the final versions of the songs we create.

Our Philosophy & Guidelines

Of course, we can’t promise we’ll develop your specific submission, but we’ll do our best. From our experience writing 365 songs for our TheSongOfTheDay.com podcast, we’ve learned while some ideas don’t get worked on, they often generate other ideas that do. We didn’t realize it at first, but it’s been pointed out that we write songs under the Second City improv model (yep, the sketch comedy school that basically started Saturday Night Live). That is, we generate as many ideas as possible (improv) and then work on the ones that show the most promise (develop the sketch).

As a result, all submissions have to be original. We can’t work on stuff that’s based on someone else’s copyright (i.e. we can’t just record the song Freebird by Lynyrd Skynyrd and put new lyrics to it). Also, we like working on stuff that’s never really been done before.

All our music is released under a Creative Commons license. And yes, while we do sell albums and downloads that may incorporate user submissions, any of that money just goes to keeping the band going. For example, the websites running (bandwidth, fees), the purchase of backup hard drives (we backup everything multiple times), publicity, etc. So, for uncomfortable legal reasons, by joining and participating, you agree that anything you submit can be used by us freely and as we see fit. Basically, it becomes the property of Beatnik Turtle and may be used in any future works as well. This is true even if we eventually make money off of something that incorporates your submission (i.e. handclaps you send in, song title, lyric suggestions, etc.). You of course will be credited for your work and thanked profusely where we’re able to do so (i.e. this website!). Also, keep in mind, you can always use what you submitted for yourself and your own projects as well. These are the only type of guidelines we see that protects both us and you in this crazy, mixed up world we call the Internet where copyright law is just a mess and where we both want to work together to create something cool.

So, if you’re up for it, join us! After all, we got music to create…

Beatnik Turtle's Privacy Policy

Beatnik Turtle is really into your privacy! And because we take your right to privacy so seriously, we're going to privately let you in on our public policy regarding privacy.

Beatnik Turtle believes in total anonymity. Indeed, it's our hard-fast dedication to this fundamental principle that has made Beatnik Turtle one of the world's most successful anonymous bands around today. (Didn't know that? Good! That's our anonymity hard at work.)

It's also the main reason we're so into your privacy. We think your right to privacy is so important that we've decided to watch your privacy for you! Beatnik Turtle believes everyone has a right to be private, even if one only thinks this privately in public. Privacy is too important to keep to yourself which is why we must all band together to publicly guard our collective privacy.

Therefore, Beatnik Turtle is committed to the following - think of it as our little public privacy policy:

We guarantee that if you join the Beatnik Turtle E-mailing List, we will not sell, transfer, or spam your email address. We guarantee we'll never, ever knowingly transfer your email address to any third party. Beatnik Turtle promises to use your e-mail address ONLY for Beatnik Turtle-related information and announcements.

That's it. Our simple privacy policy. Now go ahead and join the Emailing List and send us feedback, confident in knowing that we'll keep your privacy a secret from the non-private and aptly named public.

Let us publicly go on the record and privately say "thank you" for your cooperation and understanding! Enjoy the rest of the www.BeatnikTurtle.com and TheSongOfTheDay.com!

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Terms, Copyright, Privacy & User Submissions

Copyright License for Musical Works

Beatnik Turtle's New & Improved "Sampling, Attribution, NonCommercial, Don’tMakeItSuck" License

1. Human-Readable Summary:

2. Non-Human-Readable (the actual legal terms and conditions that control):

Copyright License for Non-Musical Works

Beatnik Turtle’s New & Improved “Attribution, NonCommercial, ShareAlike, Don’tMakeItSuck “License

1. Human-Readable Summary:

2. Non-Human-Readable (the actual legal terms and conditions that control):

Copyright – Special Exceptions

1. Clip Art

2. Beatnik Turtle

3. Cheapass Games

User Submissions

Here’s How To Participate

Our Philosophy & Guidelines

Beatnik Turtle's Privacy Policy