Preambule
In partnership with the French Ministry of Education, the Cité de la musique - Philharmonie de Paris (the "CMPP") is developing metaScore, a multimedia publisher for the production and distribution of musical teaching aids (the "Musical Educational Apps"). Aimed at teachers in the French National Education system and cultural mediation professionals (the "Authors"), this publisher is operated by the CMPP on https://metascore.philharmoniedeparis.fr (the "Platform"). MetaScore makes it easy to compose online apps containing music, commented or illustrated in a synchronised manner. It offers features for the integration of different media, texts, images, annotations, cursors, and their synchronisation with audio or video (the "Resources").
With the support of the Ministry of National Education, 300 Musical Educational Apps have been created by the CMPP since 2005, around musical works recorded live in its concert halls. Intended for teachers, they are now published on the Éduthèque website (https://edutheque.philharmoniedeparis.fr). A whole range of interactive teaching examples made with metaScore is thus available for teaching purposes. They range from the simple illustration of a musical concept over a few minutes of music, for a novice audience, to the detailed analysis of a complete work in the baccalaureate music options programme.
With the metaScore platform, each Author can now freely use their own multimedia resources or those provided by the Philharmonie to design new Musical Educational Apps within the framework of this charter (the "Charter"). They may then distribute their Musical Educational App and, ultimately, manipulate and reuse the other Musical Educational Apps distributed on the Platform.
The Charter reiterates and formalises the rights and obligations to which each Author adheres as a member of the community of Author users of metaScore (the "Community"). The Charter thus defines a clear collaboration framework that aims to encourage participation, exchange and sharing within the Community. By adhering to the Charter, each Author strengthens the Community and vice versa. As such, it complements the Legal Notice and Privacy Policy of the Philharmoniedeparis.fr website.
This Charter is built around the key principles and values of the MetaScore Community: collaboration, inclusion, sharing, responsibility and caring.
Collaboration
The Platform brings together professional actors willing to work collectively to develop and share Musical Educational Apps.
The opening of a collaborative platform
Access to the Platform is dedicated to National Education teachers and cultural mediation professionals, including teachers of conservatoires, music librarians, professional musicians and musicologists.
The Platform allows all Authors to produce and share Musical Educational Apps. To this end, it also feeds, references and distributes multiple Resources. Authors are also invited to share their own creations (see Sharing Musical Educational Apps on the Platform, subject to acceptance by the CMPP).
The Charter is binding on all Authors in the Community and is the basis for collaboration between all the Authors. By joining the Community, each Author accepts its rules and their applications.
Collaboration and dissemination
Authors can show and use their work in class directly from the Platform.
Authors may also publish their content on their own site or on a third-party institutional site to which they are affiliated. In this case, they must make a request to the CMPP by declaring the domain name of said site (it is not currently technically possible to publish on an undeclared site).
Finally, and if they wish, Authors may ask to have their work published on the Platform, in the manner defined by the Philharmonie and subject to acceptance by the CMPP (see Sharing managed by the Platform).
The use of the Platform to disseminate Musical Educational Apps is limited to an educational and non-commercial framework.
Accessibility
The accessibility of the Platform and the Musical Educational Applications is essential.
Thus, Authors make their best effforts comply with the W3C recommendations on accessibility and in particular the Web Content Accessibility Guidelines (WCAG) 2.1 (available here) translated in France through the RGAA 3.2017 (accessible here).
Inclusion
The Platform allows all Authors to produce and share Musical Educational Apps. To this end, it also feeds, references and distributes multiple Resources integrated with the Musical Educational Apps.
The inclusion of resources from the CMPP archives
Teachers may draw extracts of musical works from the CMPP archives to create their Musical Educational Apps. These excerpts of works are accessible to teachers from the online service Éduthèque - Philharmonie (https://edutheque.philharmoniedeparis.fr). Éduthèque - Philharmonie is accessible from Éduthèque.fr, a service operated by the Ministry of National Education, which provides free and secure access to a range of resources from major public cultural and scientific institutions enabling teachers to implement, with their pupils, any disciplinary and cross-disciplinary teaching project, particularly for artistic and cultural education, media and information education, and moral and civic education. All primary and secondary school teachers have free access to resources.
The Eduthèque Resources used for the Musical Educational Apps are streamed, without the possibility of downloading, the files remaining on the Philharmonic's Eduthèque servers. Connected Teaching Authors can consult the Musical Educational Apps created by other Teaching Authors who wish to publish their work on the Platform.
The applicable general terms of use are those of the Public Educational Digital Service Éduthèque as published on https://www.edutheque.fr/connaitre/conditions-generales-dutilisation.html.
Other professionals who do not have access to the CMPP archives to create their Musical Educational Apps should create their own Resources or re-use Third Party Resources (see Inclusion of Third-Party Resources).
Inclusion of third-party resources
Open Licenses are all licenses by which rights holders authorise the reuse, modification and redistribution of their works on at least a non-commercial basis ("Open Licenses").
When designing their Musical Educational App, Authors are encouraged to use their own creations (see Sharing Musical Educational Apps in principle) or pre-existing Resources distributed under Open Licenses or in the public domain.
The public domain designates all freely reusable intellectual works subject to respect for moral rights (right to authorship and respect for the integrity of their work).
These resources must be included with an acknowledgement of authorship and, as applicable, the associated Open License. It is possible to add this information in the "credits" field of the description form of the Music Education App created.
The absence of an Open Licence associated with a Resource prevents its use within an Educational Music App. The following is a non-exhaustive list of Open Licenses that are compatible with the Charter:
|
Open licence |
License used in principle by all public officials. It confers great freedom of use, reproduction, redistribution, adaptation and commercial exploitation under the sole condition of respecting authorship, mentioning the license and the date of the last update of the resource. |
| Creative Commons Attribution (BY) https://creativecommons.org/licenses/by/4.0/deed.en |
The owner of the rights authorises any exploitation of the work, including for commercial purposes, as well as the creation of derivative works, the distribution of which is also authorised without any other restriction than the attribution of the author. |
| Creative Commons Attribution No Commercial Use (BY NC) https://creativecommons.org/licenses/by-nc/4.0/deed.en |
The rights holder authorises the exploitation of the work and the creation of derivative works, provided that it is not for commercial use. |
| Creative Commons Attribution + No Commercial Use + Sharing under the same conditions (BY NC SA) https://creativecommons.org/licenses/by-nc-sa/4.0/deed.en |
The rights holder authorises the exploitation of the original work for non-commercial purposes, as well as the creation of derivative works, provided that they are distributed under a license identical to that governing the original work (only the modified resource is concerned, not the Educational Music App). |
| Creative Commons Attribution + Sharing under the same conditions (BY SA) https://creativecommons.org/licenses/by-sa/4.0/deed.en |
The rights holder authorises any use of the original work, including for commercial purposes, as well as the creation of derivative works, provided that they are distributed under a license identical to that governing the original work (only the modified resource is concerned, not the Educational Music App). This license is used by Wikipedia. |
| Creative Commons CC0 1.0 universal (CC0 1.0) https://creativecommons.org/publicdomain/zero/1.0/deed.en |
This license is the most permissive of the Creative Commons licenses. According to applicable law, it operates a transfer of the work into the Public Domain, a complete transfer of intellectual property rights or, at the very least (particularly in France), a transfer of economic rights while respecting the moral rights of the author. |
Sharing
As a matter of principle, all the Musical Educational Apps available on the Platform will be distributed under a license that encourages their sharing and reuse within the Community. In this way, intellectual property rights are managed in such a way as to encourage collaboration and the dissemination of common resources.
Sharing by principle of Musical Educational Apps
The Platform enables the Community to build and share a set of Musical Educational Apps to support digital teaching practices.
This implies that the Authors agree to associate an Open License with their production guaranteeing everyone the right to use, share and access their content.
As a matter of principle, all Educational Music Apps will be released under a Creative Commons Attribution 4.0 International (CC BY 4.0) license. This condition is necessary for any distribution inside or outside the Community.
Sharing managed by the Platform
Authors can request the publication of their work on https://metascore.philharmoniedeparis.fr, in the "Browse" section, in order to share their achievements more widely.
This approach is encouraged, but subject to validation by the CMPP. Access will in principle be public, without the option of downloading. It will nevertheless be limited to authorised Community members only in the case of third-party rights (see The inclusion of resources from the CMPP archives).
Liability
Because security and respect for the current legal framework are necessary prerequisites for the functioning of the Community, the CMPP roots its actions in a process of making each Author responsible for his or her actions.
Individual responsibility for third-party rights
The CMPP provides the services and hosts the Musical Educational Apps produced by the Authors in full autonomy.
As a result, Authors are responsible for the Musical Educational Apps that they disseminate and guarantee that their contributions do not infringe any third-party rights (in particular intellectual property rights or personality rights). If an Educational Music App is found to infringe any right whatsoever, the Author must first be asked to respond and react to the accusation. As a last resort, the case may be referred to the CMPP, which has the right to suspend the hosting of said content immediately and without notice.
Authors are made aware of the need to accurately reference the origin of the resources they use when designing their Music Education App (see Inclusion of Third-Party Resources). In case of doubt, it is the Authors' responsibility to contact the rights holders to confirm the authorisation to use the resource on the Platform and its terms and conditions.
Collective responsibility necessary for the smooth running of the community
Precisely identifying information about the authors and how to use a Resource is a tedious task that benefits from being collective. Thus, any Author can contact the CMPP in the event of erroneous or missing information so they can correct it. If it is impossible to contact the Author or to obtain a response from them, this information may be passed on to the CMPP for direct action if necessary in accordance with the Terms and Conditions of Use.
Similarly, any violation of a Charter rule can be referred to the CMPP to assist in the resolution of the dispute.
By following the rules of sharing and collaboration, all members of the Community will benefit from a transparent and secure framework for exchange and collaboration enabling them to cooperate effectively.
Goodwill
As metaScore is an intrinsically collaborative initiative, Authors agree to act in accordance with fundamental individual and collective ethical principles. These principles apply as much to the production of Musical Educational Apps as they do to relations with other Authors.
Goodwill in the creation of Musical Educational Apps
Before developing new Musical Educational Apps, Authors are encouraged to consult the list of shared Musical Educational Apps in the Platform's public catalogue.
Beyond the legal mentions, each Author is encouraged to mention and cite all the work from which they draw inspiration for their Musical Educational App, to encourage mutual recognition, synergies and even joint work.
Goodwill in relations between members of the Community
All members of the Community agree to act in accordance with the principles of openness and listening, tolerance and kindness towards others. Any failure to do so should, as a matter of principle, be settled between the members of the Community and, where necessary, reported to the CMPP, which may take all necessary measures to help resolve the conflict.
Goodwill towards third parties
Authors undertake not to publish any defamatory content on the Platform. More generally, the Authors agree:
- not to damage the reputation of the CMPP or that of the other Authors;
- not to seek the liability the CMPP or of the Authors who are members of the Community;
- not to act on behalf of the CMPP or on behalf of the other Authors, nor to make any statement or enter into any agreement on their behalf.