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Winnu
Feb 22, 2022
In Arts Legals, IP & Rights
This is a draft and we welcome all feedback. Share your thoughts as a comment below, a message to Winnu Das via the IAFF messaging feature, or as an email to iaff@kaivalyaplays.org. We would love to hear what is clear, what isn't and any questions, comments or advice as we develop this framework. The IAFF legal framework consists of four parts: The Terms of Service: What is IAFF, who can access it, and what are our general legal obligations and what happens if there is a breach. Terms of Sharing and Accessing Proposals: What do individuals uploading and accessing proposals agree to, what can they customise, and what is IAFF's role and responsibilities here. This is the space for the most conversation and most critical to fostering trust among the people sharing and accessing proposals and other sensitive information which is the core feature of the platform. Community Guidelines: We are accessing potentially sensitive information and asking people to interact with one another on online platform. This section deals with what the mandate of IAFF is, how we intend to moderate and curate the forum to facilitate this mandate, the responsibilities of those who use the platform in enabling the same, and the consequences in cases of violations. This section also includes the responsibility to review whether any information is confidential or copyrighted and the procedure to deal with any breaches in that regard. The Privacy Policy (which is underway): This will look at the data storage, deleting accounts, cookies, etc. The cookies on the website will be the ones collected by Wix. There will be options for Members to delete any or all of the information they have posted, including deleting their account. Challenges and questions We would love feedback on what we have till now: Which parts are most unclear and could be simplified, shortened or clarified? What should be removed or reworked? This could be because it is legally unsound or looks intimidating or might put someone off from using the platform What should be kept or elaborated on? These could be the terms that make you feel most comfortable to sharing information here or otherwise use the platform. What are things that we are missing entirely? These are the questions we have framed, but any feedback is welcome. The intention is to have it as simple as possible - to facilitate sharing through legal guarantees but not make it intimidating. At the start we were veering towards more of a code of ethics rather than a comprehensive legal document. However the general advice has been that we need strict and complete legal terms of use. The primary areas that consultants emphasised were: Limiting IAFF's liability Navigating any confidentiality clauses or rights that are vested with the grant organisations and do not vest with the artist. Making legal terms accessible The length and long words have increased past what was initially intended in using the required legal language to limit our liability and make other terms tight in terms or legal responsibility. We will balance this by: linking to sections about legal concepts such as expression vs. idea in copyright law, A comprehensive legal FAQs section Every part of the legal terms will stay up as a forum thread for comments and questions that will be compiled periodically into the FAQ section or a new post, or introduced as changes to the substance or wording of the terms themselves. The legal framework will be reviewed annually, or at a shorter interval in case something significant is brought to our notice. Within the project period, we will have beta testers, including legal experts give feedback on the legal framework. Do share if there are other ways in which you feel that learning and access would be most supported such as peer learning or a workshop with an expert.
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Winnu
Feb 22, 2022
In Arts Legals, IP & Rights
The following post contains the Terms of Sharing and Accessing Proposalst. It defines what individuals uploading and accessing proposals agree to, what can they customise, and what is IAFF's role and responsibilities here. Share your thoughts as a comment, a message to Winnu Das via the IAFF messaging feature, or as an email to iaff@kaivalyaplays.org. We would love to hear what is clear, what isn't and any questions, comments or advice as we develop this framework. The other parts of the legal framework are the the General Terms of Service, the General Community Guidelines and the Privacy Policy (which is underway). You can see an overview of the feedback, challenges and structure of the legal framework here. IAFF Terms of Sharing and Accessing Proposals Thank you for considering uploading your proposal or related information. When might a proposal be shared? A Sharer may upload a proposal under one of two conditions. This proposal is linked to a project that has completed its lifecycle and has been shared for IAFF members to learn and discuss. This proposal has not been successful, OR, has not been presented before any and the Sharer is uploading it in order to get feedback and mentoring. [option to describe the stage at which the proposal/idea is at, whether they want mentoring, feedback, more collaborators, etc.] Proposals and related information that have been uploaded here have been shared under the terms and conditions and community standards of the IAFF platform. Information here is not to be reproduced anywhere else, unless it is specifically indicated to the contrary. Members Undertaking Members agree to respect the Intellectual Property rights of the Sharers. If the proposal is at the stage of an idea, Members agree not to exploit the information shared to create competing proposals. In case of breach of this clause, IAFF platform and moderators bear no liability. Rights and Ownership This proposal is under the [the Sharer will have a space here to fill the information on the licence is the original work under, who owns the licence and rights, etc.] Citing: Acknowledgement of the Sharer The Sharer must be acknowledged in any work/proposal that is created, if significant inspiration/value came from this proposal. To refer to this Proposal or acknowledge the sharer as the case may be, the [Sharer will have a space to fill their preferred format of acknowledgement, including their name, copyright, date of publication, name of the project, etc.]. Liability of the Sharer and IAFF; Moderation of Terms In selecting any of the conditions here, the Sharer indicates that they have the right to make such a representation. IAFF bears no liability for any breach of legal or contractual obligations. The selected conditions are subject to review by the Moderators. In case the conditions selected or suggested by the Sharer are not in line with the General Community Guidelines or any part of the IAFF legal framework, Moderators will communicate any such conflict to the Sharer. In case the Sharer and Moderators are unable to come to a consensus, the Proposal will not be uploaded onto the IAFF platform. The decision of the Moderators on whether the terms are permissible is final. Additional Terms that the Sharer can indicate Beyond legal terms, we encourage the use of the IAFF platform to seek collaborations, mentoring and to connect. Hence, a Sharer might also indicate their preferences in this regard while sharing their document. Here are a sample list of what that might look like. Of course, this is also subject to intellectual property rights, confidentiality, and review by the moderators for it's compliance with IAFF's mandate and terms of use. The proposal is available to be shared elsewhere. The idea/proposal is shared purely for educational purposes, with trust that it will not be replicated. The idea/proposal is open for adaptation. The idea/proposal can be replicated if it is in a different [geographical region/language], with acknowledgement. The idea/proposal is available for adaptation, for non-commercial purposes. The idea/proposal can be replicated, even in entirety, but the product should be non-commercial. The idea/proposal can be used in its entirety, under the condition that this is paid forward: the new proposal generated and/or the work created will be shared on the IAFF platform, or otherwise publicly. The idea/proposal is free to be used, replicated, with acknowledgement as per the above terms. If someone wants to use the idea, [the sharer] would like to be contacted in order to draw out the terms, one on one. The Sharer is available to provide mentoring [under conditions that they may set including a fee for their services]. Any other condition _______. The Sharer may include their contact information, and whether they would like to be contacted.
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Winnu
Feb 22, 2022
In Arts Legals, IP & Rights
The following post contains the General Community Guidelines. We are accessing potentially sensitive information and asking people to interact with one another on online platform. This section deals with what the mandate of IAFF is, how we intend to moderate and curate the forum to facilitate this mandate, the responsibilities of those who use the platform in enabling the same, and the consequences in cases of violations. This section also includes the responsibility to review whether any information is confidential or copyrighted and the procedure to deal with any breaches in that regard. Share your thoughts as a comment, a message to Winnu Das via the IAFF messaging feature, or as an email to iaff@kaivalyaplays.org. We would love to hear what is clear, what isn't and any questions, comments or advice as we develop this framework. The other parts of the legal framework are the General Terms of Service, the Terms of Sharing and Accessing Proposals, and the Privacy Policy (which is underway). You can see an overview of the feedback, challenges and structure of the legal framework here. IAFF General Community Guidelines What is IAFF's mandate? The IAFF platform is intended to support knowledge exchange that assists writing, improving or receiving arts funds in India. Moderators will review and moderate content posted on the IAFF platform. Moderators will not post, or will remove, any information as document uploads, comments, posts or communications that: Is beyond the mandate of this forum Violates intellectual property rights Constitutes or promotes inappropriate behaviour including but not limited to verbal abuse, stalking, sexual harassment or intimidation. Review Process Document uploads and new Forum threads will be reviewed before being published. This will be done on a weekly basis. Comments will be posted automatically and reviewed weekly, or if any complaint is raised. Content that is not relevant to the IAFF mandate or otherwise violates Community Standards will not be posted, or will be removed, as the case may be. The IAFF platform and moderators will exercise due caution in ensuring data security and the best environment for learning and sharing. However, neither IAFF nor the Moderators individually or collectively bear any liability for risks that arise from sharing or using information, or interacting on the platform or beyond it. Information on this site does not constitute professional or legal advice. What is the responsibility of Visitors, Members and Sharers? By using this site, all Visitors, Members and Sharers agree to take complete liability for any information they share, in whatever form (documents, comments, links, etc.). The Visitor, Member or Sharer concerned bears complete liability for any breach of confidentiality, intellectual property rights or other contractual or legal obligations that arise from such posting of information. What are the limits of IAFF's responsibility? Engaging with or utilising the IAFF platform, IAFF Members and the information on the platform, does not lead to any legal responsibility on IAFF or it's Moderators, individually or collectively for the success or failure of the actions or interactions in any terms. For example, while IAFF intends for the information on the platform to be useful, we do not guarantee that implementing this advice will lead to a successful grant application. What is the responsibility of a person uploading a Proposal or other information? While sharing information and documents, Sharers agree to take all reasonable steps to ensure that the information they share is accurate and that they are not violating anyone’s Intellectual Property Rights. This would include sharing material copyrighted by third parties without prior consent of the concerned party. IAFF moderators are available to assist the Sharer in reviewing confidentiality clauses and ownership of material. However, the Sharer bears the ultimate responsibility for any material they share and any breach of rights that ensues. What are the terms under which information is uploaded? Proposals: A ‘Sharer’ can set the terms of the use of their proposals at the time of uploading information or documents. When accessing, sharing or otherwise using information shared, Members agree to the terms of the sharer has specified, including crediting the Sharer(s) under the specific terms and in the format requested. Sharers who are interested in sharing proposals or information about projects that are at the ‘idea’ stage do so at their own risk. While the IAFF platform seeks to connect people within the sector and foster an environment that encourages mentoring and collaborations, the IAFF platform bears no liability for the outcome of these interactions. See Terms of Sharing and Accessing Proposals. Forum and Opportunities: The default is that information shared on the Forum or Opportunities section is public and information shared in the Member’s only section is meant to stay on this platform only. While accessing information shared here, Visitors and Members agree not to pass off any documents or ideas presented here, in their entirety or significant parts, as their own. The Chat Feature All members can message each other privately. While private messages are not moderated, Members agree to keep the messages respectful and on topic. If any member engages in unwanted contact or abusive behaviour, they may be subjected to the procedures described below, including: Being blocked Their Membership removed In case a Member perceives that they have been the victim of a crime, they are encouraged to seek legal advice. IAFF will comply and support legal procedures or enquiries. What is IAFF's Liability? IAFF and the Moderators are only liable to monitor information that they can access on the IAFF platform such as document uploads, Forum Threads and comments. Private conversations between Members on the IAFF platform’s ‘chat’ function, or interactions beyond the IAFF platform are not the responsibility of IAFF. In case a Member is found to be violating the community guidelines or engaging in unwanted contact, the IAFF moderators will review the concern and take the necessary action either advising that the Member is blocked by the aggrieved party or by deleting the Member’s profile from the IAFF platform. How can you notify IAFF of a breach? Any Visitor or Member may notify IAFF of content that violates Intellectual Property rights, confidentiality clauses, or our community standards via: A direct message on IAFF to Moderators, Varoon P Anand, Gaurav Singh or Winnu Das. By emailing iaff@kaivalyaplays.org. You will receive a response within 21 working days. What happens in case there is a breach of these terms? In case a Member is found to be violating these standards, On the first occasion, they will be warned On the second they will be sent a notice On the third, their profile will be removed IAFF reserves the right to delete a Member's profile or otherwise limit access to the IAFF platform in case the Moderators are of the opinion that the continued access of the particular Member/s would unduly undermine the mandate of the IAFF platform, or the safety of it's Visitors, Members, or Moderators. In case the dispute refers to a breach of copyright or confidentiality, the material in question will be removed until the matter is clarified. In case the dispute refers to safety or inappropriate behaviour, IAFF may suspend a Member's profile or block them from accessing certain sections until the resolution of the dispute. Beyond these terms described above, any Sharer reserves the right to take legal action as appropriate in case of misuse of the information they have shared or if they think they have been the victim of a crime.
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Winnu
Feb 22, 2022
In Arts Legals, IP & Rights
The following post contains the General Terms of Service. We define who can access the website, what IAFF's liability is and what the consequence of a breach of these terms or of the law broadly Share your thoughts as a comment, a message to Winnu Das via the IAFF messaging feature, or as an email to iaff@kaivalyaplays.org. We would love to hear what is clear, what isn't and any questions, comments or advice as we develop this framework. The other parts of the legal framework are the Terms of Sharing and Accessing Proposals, the General Community Guidelines and the Privacy Policy (which is underway). You can see an overview of the feedback, challenges and structure of the legal framework here. IAFF Terms of Service The India Arts Funding Forum (IAFF) is an open-source community-led forum for Indian artists to share and discuss information that would assist in writing successful grant proposals and contribute towards a transparent arts funding ecosystem in the country. The ‘IAFF Platform’ refers to this platform, with all its functionalities. Who can access the IAFF platform and what can they do? A ‘Visitor’ is any person accessing the IAFF platform. A Visitor can view the ‘Forum’ and the ‘Opportunities’ section. A Visitor cannot access the Proposals, post/comment in the Forum or contact Members/other Visitors via the platform’s chat function. A ‘Member’ is a person who has an account on the IAFF platform. A Member has access to all parts of the site and it’s functionality such as participating in discussions, viewing proposals and messaging other members. These actions are subject to moderation and curation by the IAFF moderators. A ‘Sharer’ is a person who uploads proposals or documents or otherwise shares information on the IAFF platform. Only a Member can be a Sharer. The ‘Moderators’ are the persons responsible for the curation and moderation of the content and functioning of the IAFF platform. Access to IAFF The IAFF platform is free to access and use, but may be subject to creating an account. All actions of Visitors, Members are Sharers including accessing information, sharing information, having accounts, etc. are subject to the IAFF terms of use, including moderation and curation by the Moderators. IAFF reserves the right to block access in case of breach of the Community Guidelines or Terms of Use. Confidentiality Access to the information that is shared here by Members, including Sharers, or curated by IAFF is granted under the condition that, unless otherwise specified in writing, it will not be reproduced elsewhere. Limited liability IAFF undertakes to take reasonable measures to maintain the quality of the IAFF platform, its content and the environment. However, neither IAFF nor the Moderators individually or collectively bear any liability for risks that arise from sharing or using information, or interacting on the platform or beyond it. Information on this site does not constitute professional or legal advice. In case of external links, IAFF bears no liability on the reliability or usefulness of their content, what information they may collect from you or their terms of service. Uploading the link on the IAFF website does not constitute an endorsement of any third party. What happens in case of a breach of the terms? If there is any conflict or grievance related to the use of the IAFF platform, all parties consent to first refer the dispute for mediation. In case any party is not satisfied by the result of the mediation, the dispute can be taken to arbitration. And only in the eventuality that any party to the dispute is not satisfied by the result of arbitration, shall a legal filing be made in court. This Agreement is subject to the jurisdiction of the New Delhi Courts and the laws of India. What happens in case there is a criminal act conducted via this platform? In the event that any Visitor, Member or Moderator believes that they have been subject to an action on the IAFF platform that constitutes a crime, the above clause does not constitute a waiver of their right to seek legal remedy. They are encouraged to seek legal advice. IAFF undertakes to cooperate in any way necessary and abide by any consequent legal orders as required under the law.
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Winnu
Jan 28, 2022
In Arts Business & Sales
Here are some resources and advice on what to keep in mind while pitching an idea. 5 mistakes to avoid while pitching a Creative Idea, Artistik License.
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Winnu
Jan 28, 2022
In Arts Legals, IP & Rights
Resources on law, contracts and licences: Artistik Licence Blog: Artistik Licence is a business and law consultancy working with artists in South Asia. The blog is written simply and practically. SpicyIP Blog: Spicy IP has articles on numerous aspects of intellectual property, law and policy, including artistic work. Contracts Freelancer Contracts 101: A Primer to Understanding the Essentials, Artistik Licence Four reasons why artists resist contracts - And how to get past them, Artistik Licence Coffee for Contracts FAQ 2019, Artistik Licence Copyleft Open Source Copyleft Licenses: All You Need to Know, White Source What is Copyleft? , GNU Operating Software. Creative Commons Creative Commons in India, Spicy IP Creative Commons India, Wiki Creative Commons Licensing Success Stories: Pratham Books, Spicy IP
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Winnu
Jan 11, 2022
In Arts Business & Sales
As artists and as freelancers, we often undervalue our work and time. Between the awkwardness of asking for better pay, the assumption that some work is better than no work, and the difficulty in framing artistic efforts as labour, artists end up working for low pay, or no pay, or even losing money on the whole because of costs of travel, etc. A living wage is a level of income that would guarantee your and your dependents basic needs with dignity. It is not the 'subsistence wage' for bare minimum living, which is akin to the minimum wages in India. Neither should you have to work overtime, i.e. over 40 hours per week, to earn this sum - a core principle of fight for labour rights has been the right to leisure - no matter how satisfying you find your work. A living wage would meet costs such as a person's nutrition, health, children's education, leisure and social activities, in a way that ensures financial and social security. The exact amount varies according to the individual's location and number of dependents. Here are the calculations from 2016-19. A readily available indicator to peg living wages to is the pay scale of non-contractual class 4 government employees. As these employees are those with the basic capacity to negotiate, this is also a good indicator of the benefits and insurance that your employer should provide either directly or through money that you can put into schemes. Further reading: Article 43 of the Constitution of India A race to the bottom; why everyone being paid a living wage is the only way forward
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Winnu
Jan 10, 2022
In Arts Business & Sales
The current terms of use of this Forum, and the terms available are based on limited personal and professional experiences. These will be modified and updated according to the needs and experiences of the users of this forum. Please use this thread to suggest any improvements, point out any loopholes or concerns you have about our terms and agreements. Thank you for taking the time to engage and feedback. Let us also know if you are open to longer one-on-one conversations so that we can clearly understand and take action on your feedback.
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Winnu

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