CC-BY Creative Commons




     CREATIVE COMMONS LICENSES
          AND LEGAL TOOLS
                         Aurelia J. Schultz
                   Counsel, Creative Commons
                   aurelia@creativecommons.org



                      CREATIVE COMMONS IS
                    NOT A LAW FIRM AND DOES
                     NOT GIVE LEGAL ADVICE.
Creative Commons is a non-profit
organization that enables worldwide sharing
 and reuse of creative works and knowledge
   through free legal and technical tools.
Why Enable Sharing
• Technology changed how we interact
  with copyrighted works and copyright
  law
• We are all creators
• Many creators build off of others’ works
• Not all creators want all the rights
  granted by copyright in every situation
How Sharing is Enabled
    Free copyright tools make
      it easier for copyright
     holders to exercise their
               rights
               by
   cutting out the middleman
   and getting the law out of
            the way.
                .
SOME RIGHTS RESERVED
4 License Elements
6 License Options
License Chooser




  http://creativecommons.org/choose
License
Deed




  http://creativecommons.org/licenses/by/3.0/
Legal
Code




   http://creativecommons.org/licenses/by/3.0/legalcode
Metadata
Searching for CC Licensed
        Material




http://www.google.com/advanced_image_search
Nitty Gritty of the Licenses
Creative Commons Licenses
 are Copyright Licenses
 • Only license copyright elements, not
   things in the public domain or other
   rights like publicity or trademark
 • Copyright exceptions and limitations
   are left in place
 • License lasts for duration of copyright
   protection
 • License is non-revocable
Creative Commons Licenses
 are Copyright Licenses
                   (cont.)
 • Non-exclusive
 • No sublicensing
 • No warranties
 • No choice of law or forum
   (international)
 • No DRM can be added
 • Automatic termination upon breach
Important for ShareAlike
• ShareAlike (SA) licenses require that derivative works
  are licensed under the same or a compatible license
• Cross-jurisdiction compatibility
• Future compatible
   • i.e. BY-SA 2.0 remixed work can be released under
     BY-SA 3.0
   • NOTE: version 1.0 is not compatible
• Other compatible licenses:
  http://creativecommons.org/compatiblelicenses
Things Licensors Should Consider
• Standard things for any license: Is it
  copyrightable? Do they have the rights to
  the work?
• How broadly do they want to share? What
  level of reuse?
• Which license suite?
• How do they want to be attributed?
Things Licensees Should Consider
• Does the desired use fit within license terms?
• Are there other rights implicated in the work, such
  as publicity rights?
• Is attribution properly given?


• When remixing, consider things both from the
  Licensee’s and Licensor’s point of view
Benefits
      For Creators                      For Users
• Increased sharing of          • Safe, legal reuse
  work, higher exposure
                                • Build on works already
• See the creativity              created, not reinventing
  inspired in others              the wheel
  through their remixes
                                • Easy to find and use
• Full-choice on license          materials with low cost
  terms
                                • Access to knowledge
• Time- and cost-saving
                                • Standardized license
                                  terms
Other Legal Tools
• CC0 – for putting works into the public domain
   • Waives all rights to the extent possible
   • http://creativecommons.org/choose/zero/


• PDM – for marking works already in the public
  domain
   • To be used only on works that are in the public
     domain everywhere
   • http://creativecommons.org/choose/mark/
More Information

Creative commons licenses and legal tools

  • 1.
    CC-BY Creative Commons CREATIVE COMMONS LICENSES AND LEGAL TOOLS Aurelia J. Schultz Counsel, Creative Commons aurelia@creativecommons.org CREATIVE COMMONS IS NOT A LAW FIRM AND DOES NOT GIVE LEGAL ADVICE.
  • 2.
    Creative Commons isa non-profit organization that enables worldwide sharing and reuse of creative works and knowledge through free legal and technical tools.
  • 3.
    Why Enable Sharing •Technology changed how we interact with copyrighted works and copyright law • We are all creators • Many creators build off of others’ works • Not all creators want all the rights granted by copyright in every situation
  • 4.
    How Sharing isEnabled Free copyright tools make it easier for copyright holders to exercise their rights by cutting out the middleman and getting the law out of the way. .
  • 5.
  • 6.
  • 11.
  • 12.
    License Chooser http://creativecommons.org/choose
  • 13.
  • 14.
    Legal Code http://creativecommons.org/licenses/by/3.0/legalcode
  • 15.
  • 16.
    Searching for CCLicensed Material http://www.google.com/advanced_image_search
  • 17.
    Nitty Gritty ofthe Licenses
  • 18.
    Creative Commons Licenses are Copyright Licenses • Only license copyright elements, not things in the public domain or other rights like publicity or trademark • Copyright exceptions and limitations are left in place • License lasts for duration of copyright protection • License is non-revocable
  • 19.
    Creative Commons Licenses are Copyright Licenses (cont.) • Non-exclusive • No sublicensing • No warranties • No choice of law or forum (international) • No DRM can be added • Automatic termination upon breach
  • 20.
    Important for ShareAlike •ShareAlike (SA) licenses require that derivative works are licensed under the same or a compatible license • Cross-jurisdiction compatibility • Future compatible • i.e. BY-SA 2.0 remixed work can be released under BY-SA 3.0 • NOTE: version 1.0 is not compatible • Other compatible licenses: http://creativecommons.org/compatiblelicenses
  • 21.
    Things Licensors ShouldConsider • Standard things for any license: Is it copyrightable? Do they have the rights to the work? • How broadly do they want to share? What level of reuse? • Which license suite? • How do they want to be attributed?
  • 22.
    Things Licensees ShouldConsider • Does the desired use fit within license terms? • Are there other rights implicated in the work, such as publicity rights? • Is attribution properly given? • When remixing, consider things both from the Licensee’s and Licensor’s point of view
  • 23.
    Benefits For Creators For Users • Increased sharing of • Safe, legal reuse work, higher exposure • Build on works already • See the creativity created, not reinventing inspired in others the wheel through their remixes • Easy to find and use • Full-choice on license materials with low cost terms • Access to knowledge • Time- and cost-saving • Standardized license terms
  • 24.
    Other Legal Tools •CC0 – for putting works into the public domain • Waives all rights to the extent possible • http://creativecommons.org/choose/zero/ • PDM – for marking works already in the public domain • To be used only on works that are in the public domain everywhere • http://creativecommons.org/choose/mark/
  • 25.