Understanding Creative Commons Licenses

Editor's Notes

• #4 The legal code is the base layer of the license and describes the terms and conditions of the license in terminology that is enforceable in a court of law. The common deed is the most recognizable layer of the license and is what is found on the web page describing the license in common language understandable by laymen. The “machine-readable” code is encoded metadata readable by software; this enables search engines to discover CC-licensed works quickly and easily.
• #5 CC licenses address four basic elements: attribution, commercialization, distribution, and derivation. The elements are represented in the licenses by universally recognized icons and abbreviations. Attribution is represented in the licenses with the letters BY. All licenses require that the licensor be given credit for the work used. Commercialization is represented in the licenses with the letters NC and is used when the licensor wishes to prohibit the commercial use of the work. (Note that the US dollar sign is used throughout this presentation, but the EU Euro sign and the Japanese Yen sign are also used, depending on where the license is applied.) Distribution is represented in the licenses with the letters SA and is used when the licensor wishes to control how the work is shared. Derivation is represented in the licenses with the letters ND and is used when the licensor wishes to prohibit adaptation of the work. These four elements combine to allow six different licensing options.
• #6 The CC BY license is the most permissive of all CC licenses.
• #7 The CC BY-NC-ND license is the least permissive of all CC licenses.
• #8 Remember that copyright is the foundation for CC licensing, so any limitation to copyright is likewise a limitation to licensing. If something cannot be copyrighted, it cannot be CC-licensed. Only creative works in a tangible medium can be copyrighted, so such things as Ideas, names, and facts aren’t included. Copyright is not eternal; it expires after a certain amount of time (which differ from country to country). If copyright has expired on a work, that work cannot be CC-licensed. In the US, if the copyright holder of a work cannot be identified or located, the work is considered to be “orphaned” and thus possibly usable without permission. Only the copyright holder can apply a CC license to a work, so “orphaned” works cannot be CC-licensed. “Orphan Works.” Copyright, U.S. Copyright Office, www.copyright.gov/orphan/.
• #9 Exceptions to copyright also allow someone to use a copyrighted work without seeking permission from the copyright holder. Exceptions are granted to certain entities for such things as libraries making copies of works to replace damaged or out-of-print works or educational institutions using works for face-to-face instruction. Fair use or fair dealing allows for such uses as education or criticism, or other uses when a small amount of the work used, or when the use doesn’t harm the potential market value of the work. “User rights” refers to such practice as making backup copies of software or reproducing accessible copies of works for users with disabilities. All of those things can be done without first seeking permission from the copyright holder, so all of those things are exceptions to CC licenses as well. “LIMITATIONS ON A COPYRIGHT OWNER'S RIGHTS.” Copyrightalliance, Copyright Alliance, 15 Aug. 2017, copyrightalliance.org/education/copyright-law-explained/exceptions-and-limitations-to-a-copyright-owners-rights/.
• #10 The Public Domain comprises works to which copyright does not apply, and, therefore, CC licenses do not apply. These works may be those that do not meet the requirements for copyright protection, those for which the period of copyright protection has expired, or those for which their creators have voluntarily relinquished all rights. Works that predate copyright law or works like math formulas or governmental factbooks that may not be eligible for copyright protections automatically belong to the public at large. Because the time period of protection by copyright varies from country to country, the end of the period of protection for a work is determined by the laws of its source country; most countries extend the period of protection 50 to 70 years beyond the death of the creator. If an author wishes to waive all rights to a work, in some countries that work can be placed into public domain. Though licensing is not required in such a situation, Creative Commons does offer a CC0 license to allow the licensor to make perfectly clear that all rights to the work have been surrendered. Anyone can use a work in the public domain for any purpose.
• #11 When choosing a license for the work you create, keep the four elements of CC licenses in mind. First, do you really want to share your work with the world, and if so, is it important to you that you be credited for your work? Second, do you want others to be able to use your works for commercial purposes? Third, do you want to control how others distribute your work? And, finally, do you want others to be able to change your work? How you answer those questions will guide you in what license you choose for your work.