Intro to Creative Commons Licensing

Lila BaileyCounsel, ccLearnCreative CommonsApril 2, 2009

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

CC Licenses Build upon 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

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

Meet the Licenses

Attribution Only

Attribution, Non-Commercial

Attribution, No Derivatives

Attribution, Share Alike

Attribution,Non-Commercial, Share Alike

Attribution, Non-Commercial, No Derivatives

Basic License Building BlocksCC licences are comprised of combinations of 4 basic elements:

Attribution

Non-Commercial

No Derivatives

Share Alike

Attribution (BY)

• Allows others 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.

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.

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.

Non-Commercial (NC)

• Lets others 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.

Non-Commercial (cont.)

“You may not 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.”

Anatomy of a CC License

• Icons• Human Readable Deed• Machine Readable Code• Lawyer-proof Legal License

Icons

• These are intuitive visual cues as to the permissions granted by the given CC license

Human Readable Deed

Machine Readable Code

<a rel="license" href="http://creativecommons.org/licenses/by/3.0/us/">Creative Commons Attribution 3.0 United States License</a>

Actual License

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

What CC Licenses Do Not Touch

• Fair Use/Fair Dealing• No Warranties• Rights of Publicity• Trademark• Moral Rights• Not recommended for software!

CC Does Not Contract 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.”

No Warranties

• All CC 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.

CC Licenses Do Not WaiveRights 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.

International Licenses

• CC licenses 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.

Differences from US

• Moral rights• Database rights• Collecting Societies

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.

Are CC Licenses Enforceable?

• 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.

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.

Additional Legal Tools Offered by Creative Commons:

CC0 – No Rights 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)

CC+

• CC+ is a 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.

CC Licensing Resources

• Creative Commons FAQ: http://wiki.creativecommons.org/Frequently_Asked_Questions

• CC License Chooser: http://creativecommons.org/license/