Open Content License Template for Germany

The Open Content License serves as a standardized legal instrument for content creators and organizations operating under German law who wish to share their intellectual property while maintaining certain controls and protections. This document is particularly relevant in situations where content creators want to enable broad use of their work while ensuring compliance with German legal requirements, especially the Urheberrechtsgesetz (German Copyright Act). The license addresses key aspects such as usage rights, modification permissions, attribution requirements, and liability limitations, all within the framework of German law. It is specifically designed to balance open access principles with legal protection, making it suitable for various types of content including creative works, educational materials, software, and digital assets. The Open Content License is structured to be compatible with international open content standards while maintaining its enforceability under German jurisdiction, making it particularly valuable for projects with both local and international reach.

1. Parties: Identification of the Licensor and definition of potential Licensees (typically 'any person or entity obtaining a copy of the Work')

2. Background: Brief context explaining the purpose of the license and the Licensor's intention to allow open use of the Work

3. Definitions: Clear definitions of key terms including 'Work', 'Use', 'Derivative Works', and other license-specific terminology

4. Subject Matter: Detailed description of the content being licensed ('Work') and its scope

5. Grant of Rights: Explicit enumeration of rights granted to licensees, including usage, modification, and distribution rights

6. Moral Rights: Statement regarding moral rights under German law and their preservation

7. License Conditions: Conditions under which the licensed rights must be exercised, including attribution requirements

8. Representations and Warranties: Statements regarding the Licensor's right to grant the license and limited warranties as permitted under German law

9. Limitation of Liability: Limitations on Licensor's liability within the bounds of German law

10. Term and Termination: Duration of the license and conditions for termination

11. Miscellaneous: General provisions including severability, governing law, and entire agreement clauses