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Intro to Creative Commons Licenses
This document provides an introduction to Creative Commons licensing. It explains that CC licenses allow creators to reserve some rights while granting others, moving from "All Rights Reserved" to "Some Rights Reserved". The document defines the basic CC license types (Attribution, Non-Commercial, No Derivatives, Share Alike) and combinations. It addresses myths about CC and describes the anatomy of a CC license, including icons, human-readable deeds, machine-readable code, and legal text. It also covers international licensing, enforceability, and additional CC tools like CC0 and CC+.
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Intro to Creative Commons Licenses
- 1. Intro to CreativeCommons Licensing Lila Bailey Counsel, ccLearn Creative Commons April 2, 2009 http://creativecommons.org/licenses/by/3.0
- 2. CC Licenses Buildupon Traditional Copyright • CC works within the existing system by allowing movement from “All Rights Reserved” to “Some Rights Reserved” • CC improves copyright by giving creators a choice about which freedoms to grant and which rights to keep • CC minimizes transaction costs by granting the public certain permissions beforehand
- 3. Myths about CC •CC is not pure “copyleft” (only certain licenses with the Share Alike term) • CC is not a replacement for registering with the U.S. Copyright Office • CC is not a central registry at all and we do not collect or host CC licensed materials (except by way of example) • CC is not a rights clearing house
- 4. Meet the Licenses AttributionOnly Attribution, Non-Commercial Attribution, No Derivatives Attribution, Share Alike Attribution, Non-Commercial, Share Alike Attribution, Non-Commercial, No Derivatives
- 5. Basic License BuildingBlocks CC licences are comprised of combinations of 4 basic elements: Attribution Non-Commercial No Derivatives Share Alike
- 6. Attribution (BY) • Allowsothers to copy, distribute, display, and perform the copyrighted work — and derivative works based upon it — but only if they give credit in the manner specified. • All CC licenses require attribution • Some people require www linkbacks as part of the attribution clause.
- 7. No Derivatives (ND) •Allows others to copy, distribute, display, and perform only verbatim copies of the work, not derivative works based upon it. • For the purposes of CC licenses, syncing music in timed-relation with a moving image is a derivative work.
- 8. Share Alike (SA) •Allows others to distribute derivative works only under a license that is the same as, or compatible with, the license that governs the work. • This is the only license term that mandates the new work be placed into the commons.
- 9. Non-Commercial (NC) • Letsothers copy, distribute, display, and perform the work for noncommercial purposes only. • The author retains the commercial rights. • Users may still request to use the work commercially, which may cost money.
- 10. Non-Commercial (cont.) “You maynot exercise any of the rights granted … in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.”
- 11. Anatomy of aCC License • Icons • Human Readable Deed • Machine Readable Code • Lawyer-proof Legal License
- 12. Icons • These areintuitive visual cues as to the permissions granted by the given CC license
- 13.
- 15. Machine Readable Code <arel="license" href="http://creativecommons.org/licenses/ by/3.0/us/">Creative Commons Attribution 3.0 United States License</a>
- 16.
- 17. Other Important Attributes •A non-exclusive, irrevocable public license • CC licensor enters into a separate license agreement with each user • License runs with the work, recipient may not apply technological measures or conditions that limit another recipients rights under the license • No warranties • License terminates immediately upon breach • Licensor may withdraw the work at any time • CC is not a party to the license
- 18. What CC LicensesDo Not Touch • Fair Use/Fair Dealing • No Warranties • Rights of Publicity • Trademark • Moral Rights • Not recommended for software!
- 19. CC Does NotContract Away Fair Use • “Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.”
- 20. No Warranties • AllCC licenses contain a disclaimer of warranties, so there is no assurance that the licensor has all the necessary rights to permit reuse of the licensed work. • Make sure you or your clients independently verify rights, before using in any substantial way.
- 21. CC Licenses DoNot Waive Rights of Publicity • The U.S and other jurisdictions have laws that allow individuals to to control how their voice, image or likeness is used for commercial purposes in public. • CC licenses do not contain a waiver of these rights, and they should be taken into consideration when using a work containing the voice or likeness of an individual.
- 22. International Licenses • CClicenses have been locally adapted to 51 jurisdictions around the world – “porting.” • Currently working with at least many more countries, including Armenia, Ireland, Tunisia, Nigeria, Turkey, Vietnam, and Jordan. • We believe the unported licenses would function in legal systems across the world, yet it is possible some aspects of our licenses may not align perfectly to a particular jurisdiction's laws.
- 23. Differences from US •Moral rights • Database rights • Collecting Societies
- 24. Ported vs. Unported •“Unported” refers to the global version of the license that is not jurisdiction-specific. • “Ported” licenses have been tailored by legal experts to a specific jurisdiction. • The unported version was drafted utilizing the terminology of various international treaties. • If additional rights exist under applicable law, they are deemed to be included in the license.
- 25. Are CC LicensesEnforceable? • CC has worked hard to ensure the licenses are legally robust and enforceable in courts around the world, though we cannot guarantee this is true. • The CC licensor retains ownership of the copyright, and has a copyright cause of action if the terms of the license are violated. • CC licenses contain a severability clause so unenforceable provisions do not invalidate the entire license.
- 26. Tested in Court •CC licenses have rarely been the subject of litigation. • One example is the Adam Curry tabloid case, in which the terms of the CC license were upheld by a Dutch court in 2006.
- 27. Additional Legal ToolsOffered by Creative Commons:
- 28. CC0 – NoRights Reserved • Universal waiver to permanently surrender copyright and related rights, placing the work as nearly as possible into the public domain • Not a “license” but has the same anatomy (deed, machine readable code, legal code) • CC is developing “norms” for creators to express expectations (not legal obligations)
- 30. CC+ • CC+ isa protocol to enable a simple way for users to get rights beyond the rights granted by a CC license. • With CC+, the license can provide a link to enter into transactions beyond access to noncommercial rights — most obviously commercial rights, but also services of use such as warranty and ability to use without attribution, or even access to physical media.
- 32. CC Licensing Resources •Creative Commons FAQ: http://wiki.creativecommons.org/Frequently_Aske • CC License Chooser: http://creativecommons.org/license/
Editor's Notes
- #3 A CC Some Rights Reserved license is a signal to you that you can use the work without having to seek out the individual creator or licensor and ask for permission—provided you use the work in the manner permitted by the Creative Commons license.
- #4 -Copyleft is a general method for making a work free, and requiring all modified and extended versions of the work to be free as well. As in open source software. -still have to register to have a © cause of action -The whole point is that you don’t have to ask anyone permission – including CC – to use cc-licensed works according to their terms.
- #5 Named by their attributes (explain the acronyms, attribution = by, etc.)
- #6 Each license requires attribution, the others build on that Note the icons – we will return to them.
- #7 Flickr requires a link back to its site as part of the attribution clause. This helps Flickr get recognition and traffic, but allows the content owner to maintain control over the licensing terms. The Marking project – page on our website.
- #11 We think this is a clear definition – most of the time people agree on what this means. There are some well defined examples of non-commercial. Charging money to make copies of NC work – that is NOT a violation. Non-Commercial study under way.
- #14 Not affecting anyone else’s rights (including privacy/publicity).
- #15 The understanding portion is still in beta, but should be launched soon.
- #18 Mention that it’s always ok to dual license the works, to require payment for warranties for example.
- #20 CC licenses expressly state that they do not restrict uses that could otherwise be made under any exception to or limitation on copyright, in any jurisdiction.
- #21 The disclaimer means that the licensor is not guaranteeing anything about the work, including that she owns the copyright to it, or that she has cleared any uses of third-party content that her work may be based on or incorporate. You should satisfy yourself that the person has all the necessary rights to make the work available under a Creative Commons license. You should know that if you are wrong, you could be liable for copyright infringement based on your use of the work.
- #22 -relevant to any work that contains human subjects, such as photographs, audio or video interviews, plays, songs, and other spoken or visual content. -you may need to get permission from those individuals if you are using their voice or images for commercial purposes. -distinct and separate obligation from obtaining the copyright license for the works itself, -you may need to consider those other rights before using a CC licensed work that embodies a person&apos;s image, voice, or related spoken or visual content.
- #23 This means they have been translated into the language of each country and have been adapted to local law by legal experts in the copyright law of that country. Jordan is the first Arabic nation.
- #24 Most other countries have moral rights – we try not to have the licenses effect those rights. EU has EU directive over database rights – extends rights more broadly. So this is included in the definition of the “work.”
- #25 The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
- #26 CAVEAT: we can not account for every last nuance in the world&apos;s various copyright laws and/or the circumstances within which our licenses are applied and Creative Commons-licensed content is used. Please note, however, that our licenses contain &quot;severability&quot; clauses -- meaning that, if a certain provision is found to be unenforceable in a certain place, that provision and only that provision drops out of the license, leaving the rest of the agreement intact.
- #27 We this it is a good thing that cc licenses have not ended up in court very often.
- #29 The public domain as we know it in the US does not necessarily exist in every country. Getting to truly zero rights is impossible because in many countries you have rights that cannot be waived, such as moral rights. CC0 is a tool designed to come as close as possible to no rights reserved. This tool is primarily intended for data and databases (attribution stacking is a huge problem in scientific world).
- #30 Has a statement of purpose to waive all rights. Defines copyright and related rights (moral rights, publicity rights, database rights, unfair competition, etc.) Waives all of those rights Public license fallback
- #31 CC+ is just what it sounds like, a Creative Commons license plus another agreement. A copyright holder might pair a Creative Commons Attribution-NonCommercial license [CC] with a non-exclusive commercial agreement [+] enabling a company to license the work commercially for a fee. CC+ is a technological facilitation of dual licensing. A copyright holder who uses a Creative Commons license is already adding a license on top of their copyright. CC+ can make it easier for that copyright-holder to add other non-exclusive licenses/agreements as alternatives.