Mention regulation by funder

choose_license.qmd

@@ -29,12 +29,12 @@ You can adapt the following wording to your use case:
 
 Whenever you create a literary or artistic work (such as a text, image, video, or software), the copyright law in most countries limits other people from copying, modifying, and sharing it without your express permission. [If the work was created as part of your job, it might be your employer who holds the copyright to the work, depending on the country and contract.]{.aside} This even applies if you make it available to others (e.g., on your website): First and foremost they are not allowed to copy, modify, or share it. This legal default of "all rights reserved" was created to benefit publishers, not authors [@Fogel2006], and runs counter to many cultural and scientific processes. Copyright licenses enable authors to free up their works for reuse by others.
 
+A license is a legal document that regulates what _others_ are allowed to do with a copyright-protected work -- the licenses we discuss do not limit the author or copyright holder in their rights. And while you _could_ write your own, there are already many pre-formulated licenses available to choose from and to apply to your work.^[In fact, you should not create your own license if the purpose is to share your work freely and openly with others. By using a boilerplate license others know what to expect, also because they have been [tested](https://sfconservancy.org/copyleft-compliance/) in [courts](https://legaldb.creativecommons.org/).]
+
 ::: {.column-margin}
 For the purpose of this tutorial, by _license_ we mean _copyright license_.
 :::
 
-A license is a legal document that regulates what _others_ are allowed to do with a copyright-protected work -- the licenses we discuss do not limit the author or copyright holder in their rights. And while you _could_ write your own, there are already many pre-formulated licenses available to choose from and to apply to your work.^[In fact, you should not create your own license if the purpose is to share your work freely and openly with others. By using a boilerplate license others know what to expect, also because they have been [tested](https://sfconservancy.org/copyleft-compliance/) in [courts](https://legaldb.creativecommons.org/).]
-
 ::: {#cau-exclusive-rights .callout-caution}
 ### Giving Publishers Exclusive Rights
 
@@ -73,7 +73,7 @@ Two other notable definitions include the _Open Definition_ [@OKFN2016], which w
 
 ### Existing License?
 
-First, if you adapt (i.e., modify, build on) a work by others you need to determine if it is provided to you under a free/open license.[You can determine whether a license is free/open by searching for its name in the [SPDX License List](https://spdx.org/licenses/) and looking for at least one `Y` in the two columns _FSF Free/Libre?_ and _OSI Approved?_]{.aside} If yes, we recommend you to make your contribution available under the same license.^[Copyleft licenses even require you to choose the same or a compatible license.] For example, if you adapt code published in another paper, choose the same license for your modifications. The same applies if there are strong community norms to use a particular free/open license.^[Of course, this is only a heuristic and there might be good reasons to deviate from community norms.] Importantly, as discussed before, you are generally not allowed to adapt a work _not_ published under a free/open license.
+First, if you adapt (i.e., modify, build on) a work by others you need to determine if it is provided to you under a free/open license.[You can determine whether a license is free/open by searching for its name in the [SPDX License List](https://spdx.org/licenses/) and looking for at least one `Y` in the two columns _FSF Free/Libre?_ and _OSI Approved?_]{.aside} If yes, we recommend you to make your contribution available under the same license.^[Copyleft licenses even require you to choose the same or a compatible license.] For example, if you adapt code published in another paper, choose the same license for your modifications. The same applies if there are strong community norms to use a particular free/open license^[Of course, this is only a heuristic and there might be good reasons to deviate from community norms.] or if a particular license choice is mandated by your funder. Importantly, as discussed before, you are generally not allowed to adapt a work _not_ published under a free/open license.
 
 ### Work Type?
 
@@ -100,10 +100,10 @@ Note, that for data there is, at least in principle, the possibility that a diff
 ```{mermaid}
 flowchart TB
   start("We want<br>to choose<br>a license.") --"We adapted a work by<br>others shared under a<br>free/open license."--> use_existing_license["<em>Use its license</em>"]
-  start --"We created the work<br>entirely by ourselves."--> norm("Community norm<br>regarding license?")
+  start --"We created the work<br>entirely by ourselves."--> regulation("Other regulation<br>(by community or funder)<br>regarding license?")
   
-  norm --"Exists"--> follow_existing_norms["<em>Follow that norm</em>"]
-  norm --"Does not<br>exist"--> type("Work type?")
+  regulation --"Exists"--> follow_existing_norms["<em>Follow that</em>"]
+  regulation --"Does not<br>exist"--> type("Work type?")
   
   type --"Software"--> apache["Apache 2.0"]
   type --"Writing, image, audio, video"--> cc0["CC0 1.0"]
@@ -126,7 +126,7 @@ Flowchart for Choosing a License
 One should be cautious about the restrictions of licenses applied to the following types of works:
 
 - __fonts:__ Copyleft licenses applied to fonts can be a special case: If a font is put under the license [CC\ BY-SA\ 4.0](https://creativecommons.org/licenses/by-sa/4.0/), any documents containing texts using that font will probably be derivative works and have to be put under the same license if shared. If the intent is that only derived fonts, if published, have to be put under the same license, the [SIL Open Font License\ 1.1](https://openfontlicense.org/) is an appropriate choice. Note, however, that it doesn't require attribution for usage. If no copyleft mechanism is intended, [CC0\ 1.0](https://creativecommons.org/publicdomain/zero/1.0/) also works for fonts.
-- __templates and LaTeX packages:__ If a template or, for this purpose, a LaTeX package, is licensed under a copyleft software license such as the [AGPLv3](https://choosealicense.com/licenses/gpl-3.0/), every work that is a derivative of the template or that uses the LaTeX package has to put under the same license, if shared [@Koppor2016]. And if a document contained source code covered by the GPLv3, the same license would also apply to the document [@MadHatter2022].
+- __templates and LaTeX packages:__ If a template or, for this purpose, a LaTeX package, is licensed under a copyleft software license such as the [AGPLv3](https://choosealicense.com/licenses/agpl-3.0/), every work that is a derivative of the template or that uses the LaTeX package has to put under the same license, if shared [@Koppor2016]. And if a document contained source code covered by the GPLv3, the same license would also apply to the document [@MadHatter2022].
 - __database content:__ If the work produced from a database (the "output") is a derivative of the content in the database, the output is subject to the restrictions laid out in the license. For example, if geospatial data were to be licensed under [CC\ BY\ 4.0](https://creativecommons.org/licenses/by/4.0/), all maps produced from the data would likely need to fulfill this license's obligation for unrestricted access (its Anti-DRM provision) if shared [see @Poole2017]. Similarly, following an example from @Matt2009, if one were to choose the copyleft license [CC\ BY-SA\ 4.0](https://creativecommons.org/licenses/by-sa/4.0/) for this purpose, any map that is a derivative of the data would also need to licensed under CC\ BY-SA\ 4.0 (or a compatible license) if shared. If the intention is to only have [derivative databases](https://osmfoundation.org/wiki/Licence/Community_Guidelines/Produced_Work_-_Guideline) under the same license, one might want to choose the [ODbL\ 1.0](https://opendatacommons.org/licenses/odbl/summary/) for the database, as it was specifically designed not to apply to works produced from the data in the database. Otherwise [CC0\ 1.0](https://creativecommons.org/publicdomain/zero/1.0/) is an excellent choice for data.
 - __works in the public domain__: If a work is already in the public domain, it should be marked using the [PDM 1.0](https://creativecommons.org/publicdomain/mark/1.0/), rather than applying a waiver such as the [CC0\ 1.0](https://creativecommons.org/publicdomain/zero/1.0/) (or even another license).
 :::
@@ -334,10 +334,10 @@ If you would like to learn more about copyright and licenses you might find the
 ```{mermaid}
 flowchart TB
   start("We want to choose a<br>license for software,<br>writing, image, audio,<br>or video.") --"We adapted a work by<br>others shared under a<br>free/open license."--> use_existing_license["<em>Use its license</em>"]
-  start --"We created the work<br>entirely by ourselves."--> norm("Community norm<br>regarding license?")
+  start --"We created the work<br>entirely by ourselves."--> regulation("Other regulation<br>(by community or funder)<br>regarding license?")
   
-  norm --"Exists"--> follow_existing_norms["<em>Follow that norm</em>"]
-  norm --"Does not<br>exist"--> type("Work type?")
+  regulation --"Exists"--> follow_existing_norms["<em>Follow that</em>"]
+  regulation --"Does not<br>exist"--> type("Work type?")
   
   type --"Software"--> code_sa("Attribution?<br>State changes?<br>Copyleft?")
   type --"Writing, image, audio, video"--> nocode_cc("Attribution?<br>State changes?<br>Anti-DRM?<br>Copyleft?")
@@ -367,16 +367,16 @@ Advanced License Flowchart for Software, Writing, Images, Audio, and Video
 ```{mermaid}
 flowchart TB
   start("We want to choose a<br>license for data.") --"We adapted a database by<br>others shared under a<br>free/open license."--> use_existing_license_db["<em>Use its license(s)<br>for content and database</em>"]
-  start --"We created a database<br>entirely by ourselves."--> norm("Community norm<br>regarding license?")
+  start --"We created a database<br>entirely by ourselves."--> regulation("Other regulation<br>(by community or funder)<br>regarding license?")
   
-  norm --"Exists"--> follow_existing_norms["<em>Follow that norm</em>"]
-  norm --"Does not<br>exist"--> existing_license_content("Adapting content<br> by others?")
+  regulation --"Exists"--> follow_existing_norms["<em>Follow that</em>"]
+  regulation --"Does not<br>exist"--> existing_license_content("Adapting content<br> by others?")
   
   subgraph "License for individual data entries (content)"
-  existing_license_content --"No, we created the content<br>entirely by ourselves."--> metadata("Entries are facts<br>(like measurements<br>or metadata)?")
+  existing_license_content --"No, we created the content<br>entirely by ourselves."--> facts("Entries are facts<br>(like measurements<br>or metadata)?")
   existing_license_content --"Yes, it was<br>shared under a<br>free/open license."--> use_existing_license_content["<em>Use that license</em>"]
-  metadata --"Yes"--> cc0_content_metadata["CC0 1.0"]
-  metadata --"No"--> choose_license["<em>Consult flowchart for<br>software, writing,<br>image, audio, and video</em>"]
+  facts --"Yes"--> cc0_content_metadata["CC0 1.0"]
+  facts --"No"--> choose_license["<em>Consult flowchart for<br>software, writing,<br>image, audio, and video</em>"]
   end
   
   subgraph "License for combination of data (database)"