CC-BY Creative Commons CREATIVE COMMONS LICENSES AND LEGAL TOOLS Aurelia J. Schultz Counsel, Creative Commons firstname.lastname@example.org CREATIVE COMMONS IS NOT A LAW FIRM AND DOES NOT GIVE LEGAL ADVICE.
Creative Commons is a non-profitorganization 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. .
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/