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License versions creative commons
1. License Versions
This page identifies the principal improvements to the Creative Commons
license suite since the publication of the first licenses (version 1.0) in
December 2002, through the current version 4.0 (/wiki/Version_4), published
November 2013. It also highlights important similarities and differences
among the major license versions. For more information on using CC tools
or works offered under Creative Commons licenses, consult the Frequently
Asked Questions (/wiki/Frequently_Asked_Questions) page. For a further
historical perspective, you are invited to review deprecated CC legal tools
identified on the retired legal tools page
(http://creativecommons.org/retiredlicenses).
Please note that the summaries below may not reflect all changes between
license versions or fully or accurately describe the differences between
them. CC cannot provide legal advice, and what follows is not legal advice.
What follows below is a general description of differences and similarities
between the license versions, for general informational purposes only.
Consult your own attorney if you are in need of legal advice.
Contents
1 License Versioning History
2 International License Development Process
3 License Suite Versions
3.1 General license features
3.2 Attribution-specific elements
3.2.1 Detailed attribution comparison chart
3.3 Features remaining unchanged
4 License Features
4.1 Nomenclature (for international licenses)
4.2 License scope (beyond copyright)
4.2.1 Sui generis database rights
4.2.2 Treatment of moral rights
4.2.3 Trademark and patent explicitly not licensed
4.3 Attribution and marking
4.3.1 Attribution reasonable to means, medium, and context
4.3.2 Reasonableness applies to all attribution requirements
4.3.3 Credit to others explicit
4.3.4 Licensors may request removal of attribution
4.3.5 Title required
4.3.6 URI required
4.3.7 "No endorsement" clause included
4.3.8 Modifications and adaptations must be indicated
4.4 Other license features
4.4.1 Representations and warranties from licensor included
4.4.2 Licensor expressly waives rights to enforce, and grants permission to
circumvent, technological protection measures
4.4.3 Automatic restoration of rights after termination if license violations
2. 4.4.3 Automatic restoration of rights after termination if license violations
corrected
4.4.4 Collecting societies regimes addressed
4.5 License-specific features
4.5.1 Compatibility mechanism in BY-SA licenses
4.5.2 Compatibility mechanism in BY-NC-SA licenses
4.5.3 Adapted material usable under conditions of adapter's license
4.5.4 Adaptations of NoDerivatives material permitted when not shared
4.6 Features remaining unchanged across license versions
4.6.1 Attribution required
4.6.2 Definition of "NonCommercial"
4.6.3 Application of effective technological measures by users of CC-licensed
works prohibited
4.6.4 Exceptions and limitations unaffected
4.6.5 Effective for all copyrightable material
4.6.6 Notices must be retained
4.6.7 Synching creates adaptations
4.6.8 No sublicensing
4.6.9 Licensing of collections
4.6.10 Licensing of contributions to BY and BY-NC adaptations
5 Licenses
5.1 4.0
5.2 3.0
5.3 2.5
5.4 2.0
5.5 1.0
License Versioning History
The chart below presents the major license versions, launch dates, and blog
posts announcing major public comment periods, the launch of each license
suite, and improvements. It does not reference the unfinished version 3.x
(3.01 (/wiki/Version_3.01) or 3.5 (/wiki/Version_3.5)) licenses, which did not
include active public consultation and were never published. Version 4.0 is
the premier, recommended Creative Commons license suite.
3. License
version
Release
date
Calls for public comment Launch announcement Explanatio
1.0 2002
Dec 16
Creative Commons Unveils Machine-Readable
Copyright Licenses
(http://creativecommons.org/press-
releases/entry/3476)
2.0 2004
May 25
Versioning -- Public Review Begins
(http://creativecommons.org/weblog/entry/3981)
Announcing (and explaining) our new 2.0 licenses
(http://creativecommons.org/weblog/entry/4216)
Announcing (a
(http://creativ
2.5 2005
June
Tweaking CC's Standard Attribution Language -- An
Invitation to Comment
(http://creativecommons.org/weblog/entry/5447)
Comments Pe
License Versio
(http://creativ
3.0 2007
Feb 23
Version 3.0 -- Public Discussion Launched
(http://creativecommons.org/weblog/entry/6017)
Version 3.0 Launched
(http://creativecommons.org/weblog/entry/7249)
Creative Comm
Explanation
4.0 2013
Nov 25
Initial announcement: Copyright Experts Discuss CC
License Version 4.0 at the Global Summit
(http://creativecommons.org/weblog/entry/29639)
Beginning of public discussion: Version 4.0 – Public
Discussion Launches
(https://creativecommons.org/weblog/entry/30676)
Draft 1: Version 4.0 – License Draft Ready for Public
Comment!
(https://creativecommons.org/weblog/entry/32157)
Draft 2: Draft 2 of 4.0 Ready for Public Comment
(https://creativecommons.org/weblog/entry/33632)
Draft 3: 4.0 draft 3 published – final comment
period underway
(https://creativecommons.org/weblog/entry/36713)
Draft 4: 4.0 draft 4 ready for comment — final
consultation before publication
(https://creativecommons.org/weblog/entry/39587)
CC’s Next Generation Licenses — Welcome Version
4.0!
(https://creativecommons.org/weblog/entry/40768)
1. ↑ Note that CC released a version 2.1 suite for jurisdictions like Spain,
Australia, and Japan, whose localized ports of the 2.0 suite contained
errors.
International License Development Process
Creative Commons develops, releases, and updates its public copyright
licenses (and other legal tools) via an open and inclusive process of
engagement with Creative Commons’ global network of attorneys and
affiliates, as well as varied communities and constituents. The process
culminates in the publication of the preferred, most up-to-date set of CC
licenses for use around the world. Creative Commons released its latest
version of the licenses in November 2013, the 4.0 international licenses.
The public license development process includes the publication of drafts,
formal comment periods, and transparent decision-making. In recognition of
its stewardship role, CC has also made public commitments about the
development of its ShareAlike licenses: the Statement of Intent for
Attribution-ShareAlike licenses (/wiki/CC_Attribution-ShareAlike_Intent)
following the publication of 3.0. After publication of 4.0, Creative Commons
posted for public comment a continuation of that statement
(/wiki/DRAFT_ShareAlike_Statement_of_Intent), but that has not been
finalized for lack of demonstrated need or interest of the community.
While each version of licenses is drafted to conform with copyright law, the
version 4.0 license suite includes significant improvements to ensure the
licenses operate well internationally. Through extensive consultation with
our global network of legal affiliates, the 4.0 international license suite is
designed for use in jurisdictions around the world, without the need for
localization beyond translation. CC has an established a policy for official
translations of the 4.0 licenses as well as other legal tools
(/wiki/Legal_Code_Translation_Policy).
Prior to version 4.0, Creative Commons granted permission to legal experts
[1]
4. Prior to version 4.0, Creative Commons granted permission to legal experts
around the world to adapt (or “port”) the licenses where necessary to more
fully align the text with the laws of different legal jurisdictions, and to
translate the licenses to the local language(s). For the 4.0 suite, every effort
has been made to avoid the need to port (though we will support official
language translations). CC may consider requests to port the 4.0 suite in
2014, but only where a compelling need is demonstrated. If CC decides to
consider requests, in no case will CC grant permission if the basis for doing
so is to include a choice of law or if the change presented would otherwise
alter the basic operation of the licenses. CC will post more information on
the topic of porting in Q2 of 2014.
License Suite Versions
The chart below and linked explanations that follow detail some of the
improvements and important similarities among Creative Commons license
versions. Some of the explanations contain links to further information on
the topic.
General license features
5. License Suite Version 1.0 2.0 2.5 3.0 4.0
All international
(unported/generic) and
ported licenses
Nomenclature (for unported
licenses)
Generic
license
Generic
license
Generic
license
International
(unported)
license
International
license
License scope (beyond
copyright)
Express permission granted
under sui generis database
rights
No No No EU ports only Yes
License conditions apply to
sui generis database rights
No Few ports
only
Few ports
only
No Yes
Treatment of moral rights Not
addressed
Not
addressed
Not
addressed
Varied Waived/not
asserted
Trademark and patent
explicitly reserved
No No No No Yes
Other license features
Representations and
warranties from licensor
included
Yes No No No No
Licensor expressly waives
rights to enforce, and grants
permission to circumvent,
technological protection
measures
No No No No Yes
Automatic reinstatement
after termination if violations
corrected
No No No No Yes, if corrected
within 30 days
Express reservation of right
by collecting society to
collect royalty
Not
addressed
Expressly
waived
where
possible
Expressly
waived
where
possible
Expressly
waived where
possible
Expressly waived
where possible
Element-specific features
Compatibility mechanism in
BY-SA licenses
same
license only
same
license,
later
versions,
or ports
same
license,
later
versions,
or ports
same license,
later versions,
ports, or CC-
designated
compatible
licenses
same license, later
versions, CC-
designated
compatible licenses
(including
designated ports)
Compatibility mechanism in
BY-NC-SA licenses
No No No No Yes
Adaptations of SA material
usable under conditions of
adapter's license
Yes
(because
adapter's
license had
to be same
license)
No No No Yes
Adaptations of NoDerivatives
material permitted when not
shared
No No No No Yes
Attribution-specific elements
6. License Suite
Version
1.0 2.0 2.5 3.0 4.0
Attribution
reasonable to
means, medium,
and context
Medium and
means, with
exceptions
Medium and
means, with
exceptions
Medium and
means, with
exceptions
Medium and
means, with
exceptions
Explicit
Reasonableness
applies to all
attribution
requirements
All but
license
notices
All but license
notices
All but license
notices
All but license and
copyright notices
All
Licensors may
name other
attribution parties
Implied Implied Implied Explicit Explicit
Licensors may
request removal of
attribution
Adaptations
and
collections
only
Adaptations and
collections only
Adaptations and
collections only
Adaptations and
collections only
Always
Title of work
required
Yes Yes Yes Yes No
URI required No If contains
copyright notice or
licensing
information
If contains
copyright notice or
licensing
information
If contains
copyright notice or
licensing
information
Yes
"No endorsement"
clause included
No No No Yes Yes
Modifications must
be indicated
No No No Yes, but only
adaptations
Yes
Detailed attribution comparison chart
7. 1.0 2.0 3.0 4.0
Author if supplied Author if supplied Author if supplied
and attribution
parties if designated
in copyright notice,
TOS, or other
reasonable means
Creator if
supplied and
attribution
parties if
designated in
reasonable
manner
Copyright notices if supplied Copyright notices if supplied Copyright notices if
supplied
Copyright
notice if
supplied
Title if supplied Title if supplied Title if supplied N/A
Notices that refer to Public
License and the disclaimer of
warranties if supplied
Notices that refer to Public
License and the disclaimer of
warranties if supplied
Notices that refer to
Public License and
the disclaimer of
warranties if
supplied
Notice that
refers to
Public License
and notice
that refers to
the disclaimer
of warranties
if supplied
N/A To the extent practicable, URI
licensor specifies to be associated
with the work (but only if
references copyright notice or
licensing info)
To the extent
practicable, URI
licensor specifies to
be associated with
the work (but only if
references copyright
notice or licensing
info)
To the extent
practicable,
URI or link to
the material if
supplied
If adaptation, credit indicating
Work has been used
If adaptation, credit indicating
Work has been used
If adaptation, credit
indicating Work has
been used and
reasonable steps
taken to identify that
changes were made
to the original
Indicate if you
modified the
material;
retain an
indication of
previous
modifications
Text/URI for Public License Text/URI for Public License Text/URI for Public
License
Indicate the
material is
available
under Public
License and
include
text/URI/link
If collection or adaptation,
remove reference to author and
licensor upon request to the
extent practicable
If collection or adaptation, remove
reference to author and licensor
upon request to the extent
practicable
If collection or
adaptation, remove
reference to author
and licensor upon
request to the extent
practicable
Remove
attribution
information
upon request
to the extent
reasonably
practicable
Copyright notice, author, title,
credit noting use of original in
adaptation – all may be
implemented in any reasonable
manner, so long as at least as
prominent as other authorship
credit if an adaptation or
collection
Copyright notice, author, title, URI,
credit noting use of original in
adaptation – all may be
implemented in any reasonable
manner, so long as at least as
prominent as other authorship
credit if an adaptation or
collection
Author, title, URI,
credit noting use of
original in
adaptation -- all
reasonable to
medium and means
All reasonable
to medium,
means, and
context
Features remaining unchanged
Definition of "NonCommercial"
Attribution required (but anonymity permitted)
Prohibition on effective technological measures by users of CC-licensed
works
8. Exceptions and limitations unaffected
License effective for all copyrightable material
Notices must be retained
No sublicensing
Synching creates adaptations
Licensing of collections
Licensing of BY and BY-NC adaptations
License Features
Nomenclature (for international licenses)
The 4.0 licenses are referred to as "international."
Version 3.0 licenses were referred to as "unported" licenses until 2010, at
which point they were re-branded as the "international" licenses. At that
point, CC added a global flag to the licenses and deeds and changed the
reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5
versions, the international licenses were called the “generic” licenses. The
generic licenses were drafted to conform with U.S. copyright law.
Starting with version 3.0, Creative Commons drafted its core suite of
licenses to conform to relevant international treaties and drafting
conventions (/wiki/Version_3#Further_Internationalization). In this sense,
version 3.0 and the current 4.0 international license suites are jurisdiction-
agnostic: these licenses do not mention and are not drafted against any
particular jurisdiction's laws or statutes. They are intended to function
without adjustment in all jurisdictions around the world.
License scope (beyond copyright)
Sui generis database rights
The 4.0 international suite licenses database rights
(/wiki/Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F)
along with copyright. Where the use of a database under a CC license
implicates sui generis database rights
(/wiki/Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_d
whether or not copyright is implicated, that use is subject to the terms and
conditions of the license. If sui generis rights are not implicated—for
example, if the use is in a jurisdiction where these rights do not exist, or if the
database is not protected by the laws of a jurisdiction where such rights
exist— such uses are not regulated by the license if copyright or neighboring
rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports
also licensed database rights subject to the terms and conditions of the
license.
In 3.0, the international (unported) license suite does not mention sui generis
rights. However, ported 3.0 licenses for jurisdictions where those rights exist
address them according to CC's 3.0 database rights policy
(/images/f/f6/V3_Database_Rights.pdf). Under this policy, version 3.0 EU
jurisdiction ports must license sui generis rights subject to the terms and
conditions of the license just like copyright and neighboring rights, but also
must waive license restrictions and conditions (attribution, ShareAlike, etc)
for uses triggering database rights—so that if the use of a database
published under a CC license implicated only database rights but not
copyright, the CC license requirements and prohibitions would not apply to
that use. The license conditions and restrictions, however, continue to apply
to all uses triggering copyright. Other ports and the 3.0 international license
are silent on sui generis database rights: databases and data are licensed
(i.e., subject to restrictions detailed in the license) to the extent
copyrightable, and if data in the database or the database itself are not
copyrightable the license restrictions do not apply to those parts (though
they still apply to the remainder). Thus, regardless of the CC 3.0 license at
play (unported, an EU port, another port), uses that implicate only database
9. play (unported, an EU port, another port), uses that implicate only database
rights will not trigger the license conditions, while uses that implicate
copyright will.
Neither the international nor the ported licenses that address database
rights export the sui generis rights to jurisdictions where such rights are not
recognized (the ported licenses accomplish this as well through inclusion of
a territoriality limitation). This avoids the imposition of restrictions based on
sui generis rights via contract
(/wiki/Data#What_is_the_difference_between_the_Open_Data_Commons_licenses_and_the_CC_4.0_lic
where those rights are not enforceable or recognized. You may compare
how different jurisdictions implemented this section of the license.
(/wiki/Jurisdiction_Database)
Treatment of moral rights
In version 4.0, moral rights are waived to the limited extent necessary to
exercise the licensed rights
(/wiki/Frequently_Asked_Questions#How_do_Creative_Commons_licenses_affect_my_moral_rights.2C
While the existence and extent of moral rights differ by jurisdiction, the most
consistently present rights are those of attribution and integrity (the right to
prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and
2.5 licenses were drafted to conform to U.S. law, and because U.S. law
recognizes moral rights in only very limited circumstances, the generic
versions of those licenses suites do not address moral rights of authors.
The international licenses began to address moral rights in version 3.0. In
version 4.0, moral rights are waived or not asserted (/wiki/4.0/Moral_rights)
to the extent possible under local law, to the limited extent they would
otherwise interfere with exercise of the licensed rights. This avoids
establishing moral rights through the license where they would not
otherwise exist, but recognizes that there are jurisdictions where this limited
waiver is not possible. The attribution requirements in Section 3 of the 4.0
licenses may satisfy many jurisdictions' right of attribution; however, they
are a requirement of the license regardless of whether moral rights apply to
a use.
In the 3.0 license suite, CC addressed moral rights in the international
(unported) licenses
(/wiki/Version_3#International_Harmonization_.E2.80.93_Moral_Rights). CC
did not include a waiver of those rights in the international licenses. Instead,
the licenses specifically instruct users that they “must not distort, mutilate,
modify or take other derogatory action in relation to the Work which would
be prejudicial to the Original Author's honor or reputation.” The only
exception is where the right to make adaptations would be considered
prejudicial to the author's honor and reputation, in which case the licensor
waives or agrees not to assert their moral right in order to allow adaptations
to be made. The attribution requirement is designed in part to satisfy the
right of attribution. In the porting process, some jurisdictions slightly
adjusted this provision, with CC’s permission, to specify that moral rights are
waived to the extent necessary to effect the license to the degree a waiver is
possible under applicable law. You may compare how different jurisdictions
implemented this section of the license (/wiki/Jurisdiction_Database).
Trademark and patent explicitly not licensed
In the 4.0 licenses, trademark and patent rights are expressly mentioned as
not among the rights licensed.
No CC license version licenses patent and trademark rights along with
copyright. These rights are treated separately and are not covered by the
license. In 4.0, this was made explicit to avoid confusion. However, in all
license versions, implied licenses may come into play where these rights
would interfere with exercise of the rights granted by the CC license
(/wiki/Frequently_Asked_Questions#Can_I_place_a_trademark_on_a_work_and_offer_the_work_under_
Attribution and marking
Attribution reasonable to means, medium, and context
10. Attribution reasonable to means, medium, and context
In 4.0, the manner of attribution is explicitly allowed to be reasonable to the
means, medium, and context of how one shares a work.
In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the
medium or means, and applied to all elements other than certain notices
(/wiki/License_Versions#Detailed_attribution_comparison_chart) where the
requirement is firm. In 4.0, this explicit permission applies to the medium,
means, and context of use. We believe this to be a clarification rather than a
change: attribution reasonable to the means, medium, and context of use
should be permissible for works under any CC license. Additionally, the pre-
4.0 licenses specified that credit in adaptations and collections should be at
least as prominent as credits for other authors; 4.0 is not specific in this
regard.
Reasonableness applies to all attribution requirements
In 4.0, all attribution requirements may be fulfilled reasonable to the means,
medium, and context of the use.
In earlier license versions, compliance reasonable to means and medium of
use was not expressly permitted for all elements, as certain notices
(/wiki/License_Versions#Detailed_attribution_comparison_chart) were
excluded; however, in 4.0 these are included in the elements that may be
fulfilled in a reasonable manner.
Credit to others explicit
In 4.0, proper attribution requires credit to designated others where supplied
by the licensor.
In the 1.0 and 2.0 licenses, CC licenses contemplated crediting the author
only. Versions 2.5 and 3.0 allow licensors to identify another party or
organization for attribution
(http://creativecommons.org/weblog/entry/5447) (called an “Attribution
Party” in these licenses). This feature was introduced in part to alleviate
burdensome or difficult attribution situations, such as when many people
contribute to a collaborative effort and agree to be credited as a collective
body. In licenses with this feature, licensors may designate another party for
attribution purposes—such as a sponsor institute, publishing entity or journal
—in addition to or instead of the author. You may review some of the
concerns raised when CC proposed this change
(http://creativecommons.org/weblog/entry/5457).
Licensors may request removal of attribution
In the 4.0 licenses, a user must remove attribution from a work at the
creator's request
(/wiki/Frequently_Asked_Questions#What_can_I_do_if_I_offer_my_material_under_a_Creative_Commo
to the extent it is reasonably practicable to do so. This is true whether the
work is modified or unmodified.
All license versions after version 1.0 require attribution. However, legislation
in many countries gives authors the right to control the use of their name in
association with their works. Therefore, CC licenses require licensees to
remove attribution to the creator at his or her request, where it would
otherwise be required to include it. In 2.0, 2.5, and 3.0, credit must be
removed from adaptations and collections, to the extent practicable, at the
creator’s request. In 4.0, the creator may also request removal of credit from
the unmodified work.
Title required
The title is not required for proper attribution in the 4.0 licenses. It is required
in all earlier versions.
Beginning in version 1.0, one of the requirements for proper attribution was
to include the title of the licensed work; this requirement was kept in
versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to
increase flexibility and ease of compliance, particularly as many works do
11. increase flexibility and ease of compliance, particularly as many works do
not have titles. Users are still encouraged to include titles where supplied.
URI required
For 4.0 licensed materials, a URI is required for proper attribution, if it is
reasonably practicable to include.
The version 1.0 licenses contained no URI requirement. In version 2.0, CC
introduced the requirement to retain a URI associated with a licensed work
for proper attribution if it contains copyright notices or licensing information;
this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this
requirement (/wiki/4.0/Attribution_and_marking). However, it was retained
based on feedback from current and potential adopters that it is important
for provenance, branding, and other reasons; a URI associated with the work
is required as part of attribution if reasonably practicable to retain,
regardless of whether it contains copyright notices or licensing information.
"No endorsement" clause included
In version 4.0, the license is clear that it should not be construed as giving
permission to suggest the licensor endorses their use
(/wiki/Frequently_Asked_Questions#Do_I_need_to_be_aware_of_anything_else_when_providing_attribu
and similar.
In some jurisdictions, wrongfully implying that an author, publisher, or
anyone else endorses a particular use of a work may be unlawful. Though
not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been
the case. The version 3.0 licenses (/wiki/Version_3#MIT) contain an express
no endorsement clause. In version 4.0, this clause is expressed as a
limitation on the rights granted by the licensor.
Modifications and adaptations must be indicated
In the 4.0 license suite, licensees are required to indicate if they made
modifications
(/wiki/Marking/Users#This_is_a_good_attribution_for_material_you_modified_slightly)
to the licensed material. This obligation applies whether or not the
modifications produced adapted material. As with all other attribution and
marking requirements, this may be done in a manner reasonable to the
means, medium, and context. For example, "This section is an excerpt of the
original." For trivial modifications, such as correcting spelling errors, it may
be reasonable to omit the notice.
In the 3.0 suite, the obligation to indicate if modifications have been made
applies if they result in the creation of an adaptation (when allowed by the
license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly;
however, the requirement in those licenses that the original work be credited
if used in an adaptation (e.g., "French translation of the Work by Original
Author") is some indication that the work has been modified. Even when not
required, licensees are encouraged to indicate the material has been
modified, and ideally (when reasonable) to describe or specify the changes
made.
Other license features
Representations and warranties from licensor included
In version 4.0, the licensor does not provide representations and warranties
regarding the licensed content.
In the 1.0 license suite, the licensor extends warranties—for instance, that
the work does not infringe the work of another. These warranties were
eliminated in all subsequent license versions.
(http://creativecommons.org/weblog/entry/4216) Versions 2.0, 2.5, 3.0 and
4.0 explicitly offer the work “AS IS”
(/wiki/Frequently_Asked_Questions#Does_a_Creative_Commons_license_give_me_all_the_rights_I_nee
and disclaim all liabilities to the extent allowable by law. In 4.0, an
interpretation clause was added to help ensure that the disclaimer would be
interpreted as intended given variations in local law. Of course, licensors
12. interpreted as intended given variations in local law. Of course, licensors
may continue to offer warranties and specialized disclaimers separately
from the license.
Some ports of 3.0 include warranties where they may not be disclaimed
under local law. You may compare how different jurisdictions implemented
this section of the license (/wiki/Jurisdiction_Database).
Licensor expressly waives rights to enforce, and grants permission to
circumvent, technological protection measures
Version 4.0 includes an explicit waiver of, or agreement not to assert, any
right licensor may otherwise have to enforce anti-circumvention of any
effective technological measures applied to licensed material. CC licensors
may apply such measures to their own licensed material, but the 4.0 licenses
ensure that, to the extent possible, users are able to exercise the licensed
rights (/wiki/Frequently_Asked_Questions#What_if_I_received_CC-
licensed_material_encumbered_with_effective_technological_measures_.28such_as_DRM.29.3F)
when applied by or with the permission of the licensor. To reinforce this, the
version 4.0 licenses also expressly grant permission to circumvent those
measures.
It is always possible for a licensor to upload his or her own work to a
platform that applies technological protection measures, even though the
licensor chooses to use a CC license. The permission for a third-party
platform to apply ETMs is separate from the CC license, and the CC license
cannot restrict that additional permission because CC licenses are
nonexclusive. In many jurisdictions, that third party may be able to enforce
ETMs through civil or criminal anti-circumvention laws even though the
licensor has waived or agreed not to assert any such right under the CC
license. Licensees should make themselves aware of any legal limits on their
ability to circumvent ETMs in advance of doing so.
In versions 1.0, 2.0, 2.5, and 3.0, the waiver of any right to enforce and the
permission to circumvent are not express; however, this does not preclude
any implied right to do so that may exist.
Automatic restoration of rights after termination if license violations
corrected
In version 4.0, licensees may regain their rights to use licensed material after
the license terminates by correcting a license violation within 30 days of
discovering it.
In all license versions, a breach of the license terms results in automatic
termination
(/wiki/Frequently_Asked_Questions#How_can_I_lose_my_rights_under_a_Creative_Commons_license.
Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is
required for licensees to regain their rights to use the work. In version 4.0, a
new provision allows the rights to be automatically reinstated without
express permission from the licensor, provided that the violation is corrected
within 30 days of its discovery. This is similar to provisions in a handful of
other public licenses.
In all versions, a licensor may of course reinstate permissions at any time.
Collecting societies regimes addressed
Under 4.0, licensors waive any right to collect royalties under collecting
society schemes if they have chosen licenses permitting commercial uses.
A licensor may collect royalties for commercial uses for works under the
NonCommercial licenses.
Many users of Creative Commons licenses are members of collective rights
societies
(/wiki/Frequently_Asked_Questions#Can_I_use_a_Creative_Commons_license_if_I_am_a_member_of_
like ASCAP, BMI, BUMA/STEMRA, and others that manage copyright on
behalf of owners. Every license version from the 2.0 suite onward contains
clauses that account for the existence of those arrangements. They provide,
for instance, that for works offered under a NonCommercial license, the
licensor retains the right to collect royalties for commercial uses of the work.
13. licensor retains the right to collect royalties for commercial uses of the work.
The structure of the provisions in the 2.0 and 2.5 licenses
(http://creativecommons.org/weblog/entry/4216) differs from that in the
version 3.0 and 4.0 licenses. The 2.x licenses specifically regulate music,
sound recordings, and webcasting. As those licenses were ported to
different jurisdictions, those provisions were adjusted to conform to the local
collecting society situation.
The version 3.0 licenses and later employ a broad, harmonized strategy to
collective rights societies
(/wiki/Version_3#International_Harmonization_.E2.80.94_Collecting_Societies).
This strategy still allows jurisdictions to adopt an approach that best aligns
with local law and society structure in the 3.0 licenses, but also ensures that
the approach is implemented consistently across jurisdictions. In the
international license, as regards compulsory royalty collection, the licensor
reserves any right they have to collect those royalties in jurisdictions in
which collection cannot be waived. In those jurisdictions in which
compulsory royalty collection can be waived, the right to collect royalties is
waived completely for those licenses that permit commercial use, and is
reserved for commercial uses in those licenses that permit NonCommercial
use only. For voluntary royalty schema, the licensor reserves the right to
collect royalties for commercial uses in those licenses that permit
NonCommercial use only, and waives the right to collect such royalties for
licenses permitting commercial use. This clause covers both individual
royalty collection and, in the event that the licensor is a member of a
collecting society that collects such royalties, collection via such societies to
the extent permitted by law. Some ports of the version 3.0 licenses include
only those clauses that address the particular situation in the jurisdiction.
Others have adopted all the language from the international license in hopes
of international harmonization, or out of concern that their jurisdiction’s
regime may change. You may compare how different jurisdictions
implemented this section of the license (/wiki/Jurisdiction_Database).
License-specific features
Compatibility mechanism in BY-SA licenses
Under the 4.0 licenses, licensees may use licenses designated by CC as
compatible for their contributions to adapted material.
The ShareAlike licenses require that licensees make their contributions to
adapted material available under the same terms and conditions, or, where
the license allows, under a license designated by CC as compatible. The
version 1.0 ShareAlike licenses require that adaptations be made under
exactly the same license as applied to the original work. Starting with the
release of the 2.x license suites, CC expanded compatibility
(http://creativecommons.org/weblog/entry/4216) by allowing contributions
to adapted material to be created under the same or later version of the
original license, including other ported versions of the same or later version
of the license. The 3.0 Attribution-ShareAlike goes one step further
(http://wiki.creativecommons.org/Version_3#BY-
SA_.E2.80.94_Compatibility_Structure_Introduced), by allowing those
contributions to be licensed under under a “Creative Commons Compatible
License,” defined to mean licenses approved by CC as essentially equivalent
to the 3.0 Attribution-ShareAlike license.
To date, CC has not approved any other licenses as compatible. However, CC
will develop a compatibility process shortly following launch of the 4.0
licenses, and begin evaluating other licenses. You can view the list of
compatible licenses (http://creativecommons.org/compatiblelicenses), and
a post about the upcoming compatibility process
(http://lists.ibiblio.org/pipermail/cc-licenses/2013-September/007447.html).
You may also want to review CC’s statement of intent for the Attribution-
ShareAlike licenses (/wiki/CC_Attribution-ShareAlike_Intent), and a draft
statement (/wiki/DRAFT_ShareAlike_Statement_of_Intent) that sets out
further principles for the ShareAlike licenses.
Compatibility mechanism in BY-NC-SA licenses
14. Compatibility mechanism in BY-NC-SA licenses
In the 4.0 licenses, the same compatibility mechanism is present in the BY-
NC-SA license as in BY-SA. Adapted material may be licensed under BY-NC-
SA, version 4.0 or later, or any license CC has designated as compatible. To
date, CC has not identified any other licenses as compatible; the process and
criteria will be maintained on the compatibility page
(http://creativecommons.org/compatiblelicenses). There is no compatibility
mechanism in the 1.0, 2.0, 2.5, or 3.0 versions of BY-NC-SA.
Adapted material usable under conditions of adapter's license
In version 4.0, CC added a provision in the ShareAlike licenses
(/wiki/4.0/ShareAlike#Draft_4) that enables downstream licensees to refer
only to the adapter’s license when using adapted material that contains the
copyrightable contributions of multiple authors. This feature is designed to
minimize complexity for reusers where they are using a later version of the
ShareAlike license or a compatible license as their adapter's license. In 4.0,
users need only refer to a single set of conditions contained in the last
license applied to reuse adapted material, rather than parsing the conditions
of the original and other adapter's licenses (to the extent the licenses differ).
In all cases, the licenses stack (the later license does not supplant all
previously-applied licenses) when adapted material is created. In particular,
the license originally applied to the material being remixed continues to
apply once remixed, however permission is given in 4.0 for licensees to meet
the conditions of the 4.0 license with reference to those in the adapter's
license.
Prior to the 4.0 versioning process, CC had not always been clear that the
ShareAlike licenses stacked just as they stack for the BY and BY-NC
licenses, and reasonable minds do differ on this point. CC believes, however,
that this is the best reading of its all of its licenses that permit adaptations
prior to 4.0 and, now, has made that explicit in version 4.0.
Adaptations of NoDerivatives material permitted when not shared
In Version 4.0, licensees are granted permission to create adaptations
(/wiki/4.0/Treatment_of_adaptations#Draft_4) of material licensed under
one of the NoDerivatives licenses, but not permission to share the
adaptations publicly.
In general, private personal use does not require the permission of the
licensor and, therefore, does not require that the conditions of the CC license
be followed. In 4.0, NoDerivatives is a partial rather than an absolute
limitation on the rights granted. It does not restrict the production of
adaptations (an exclusive right of creators under copyright), but it does
prohibit the public sharing of those adaptations (also an exclusive right of
creators under copyright). This change enables private activities that may
result in the creation of adaptations whether intentionally or unintentionally,
such as adaptations made in the course or as a result of text and data
mining (/wiki/Data).
The creation of adaptations in connection with those and other activities are
not permitted under the 3.0 and earlier versions absent an applicable
exception or limitation.
Features remaining unchanged across license versions
Attribution required
All of the CC licenses require attribution where "BY" is a license element,
which is all but five of the eleven version 1.0 licenses.The required mode of
attribution differs slightly among the versions, and is progressively more
flexible with each version. The version 1.0 suite is unique because it
contains five CC licenses that do not require attribution. All subsequent
license suites make attribution a standard requirement
(http://creativecommons.org/weblog/entry/4216), though the licensor may
request removal in certain circumstances. It is also possible under all
license versions for a licensor to release works anonymously, and to waive
the requirement by not providing authorship information. Where an element
15. the requirement by not providing authorship information. Where an element
of attribution information is not provided by the licensor, the licensee is not
required to provide it.
Definition of "NonCommercial"
While the Creative Commons licenses have evolved over time, the scope of
permitted uses under the NonCommercial licenses
(/wiki/Frequently_Asked_Questions#Does_my_use_violate_the_NonCommercial_clause_of_the_license
has remained unchanged across all license suites. (In 4.0, there was a small
adjustment to the wording of the definition which was not intended to
change its scope.) The NonCommercial clause prohibits the exercise of
rights granted under the NonCommercial licenses “in any manner that is
primarily intended for or directed toward commercial advantage or monetary
compensation.” In 2008, Creative Commons conducted a study on the
meaning of NonCommercial in the online environment
(http://creativecommons.org/weblog/entry/17127).
During the 4.0 process, CC took another look at the role of these licenses in
general as well as the NonCommercial definition, and considered a name
change to "Commercial Rights Reserved". The ultimate decision was to leave
unchanged the license name and definition
(https://creativecommons.org/weblog/entry/36725).
Application of effective technological measures by users of CC-licensed
works prohibited
All CC license versions prohibit licensees (as opposed to licensors) from
using effective technological measures
(/wiki/Frequently_Asked_Questions#Can_I_use_effective_technological_measures_.28such_as_DRM.2
licensed_material.3F) such as “digital rights management” software to
restrict the ability of those who receive a CC-licensed work to exercise rights
granted under the license. To be clear, encryption or an access limitation
(/wiki/Frequently_Asked_Questions#Can_I_share_CC-
licensed_material_on_password-protected_sites.3F) is not necessarily a
technical protection measure prohibited by the licenses. For example,
content sent via email and encrypted with the recipient's public key does not
restrict use of the work by the recipient. Likewise, limiting recipients to a set
of users (e.g., with a username and password) does not restrict use of the
work by the recipients. In the cases above, encryption or an access limitation
does not violate the prohibition on technological measures because the
recipient is not prevented from exercising all rights granted by the license
(including rights of further redistribution).
This treatment was re-evaluated during the public process leading to release
of the version 3.0 license suite. (/wiki/Version_3#Debian) CC considered
arguments in favor of such measures, coupled with an obligation of parallel
distribution; these arguments were also reconsidered during the 4.0 process
(/wiki/4.0/Technical_protection_measures). However, in both versioning
processes, those arguments were ultimately rejected.
Note that in 4.0, CC introduced a definition of Effective Technological
Measures. This definition is not intended to change the scope of what is and
is not allowed, but instead provide long-needed clarification over the scope
of the prohibition.
Exceptions and limitations unaffected
All CC licenses only govern uses that would otherwise be restricted by
copyright and other closely related rights as provided in the licenses
(/wiki/Frequently_Asked_Questions#Do_Creative_Commons_licenses_affect_exceptions_and_limitatio
If a use is not regulated by virtue of an applicable exception or limitation, the
license does not apply and there is no need to follow the license conditions.
The licenses do not create obligations where they would not otherwise exist.
Effective for all copyrightable material
All Creative Commons license versions may be used with all copyrightable
works
(/wiki/Frequently_Asked_Questions#How_do_CC_licenses_operate.3F)
(though CC recommends against using its licenses for computer software
16. (though CC recommends against using its licenses for computer software
(/wiki/Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_software.3F)
Such works include compilations of data
(/wiki/Frequently_Asked_Questions#Can_I_apply_a_Creative_Commons_license_to_databases.3F)
that exhibit the requisite level of creativity for copyright protection under
applicable law. Thus, to the extent compilations of data are protected by
copyright, Creative Commons licenses are suitable licenses for granting
permission to exercise that right. For the avoidance of doubt, version 3.0 and
4.0 licenses explicitly identify compilations as material that may be licensed.
Note that sui generis database rights (existing separately from any
copyright) are not explicitly licensed in the international suite until version
4.0. (/wiki/Data#Can_databases_be_released_under_CC_licenses.3F)
Notices must be retained
The CC licenses all require users to retain a copyright notice, a notice of the
disclaimers of warranties, and a license notice
(/wiki/License_Versions#Detailed_attribution_comparison_chart) if supplied
with the licensed material.
Synching creates adaptations
In all license versions, synching CC-licensed audio in timed relation with a
video to create an audiovisual work creates an adaptation
(/wiki/Frequently_Asked_Questions#When_is_my_use_considered_an_adaptation.3F)
of that audio work for purposes of the license, regardless of whether the new
work would be considered an adaptation under the relevant copyright law.
This means, for example, that the requirements of ShareAlike are triggered if
the audio work is licensed under a ShareAlike license, and that such works
may be made but not shared if licensed under a NoDerivatives license as of
version 4.0.
No sublicensing
None of the Creative Commons licenses grant permission to sublicense the
licensed material. All of the licenses are direct licenses from the original
licensor to all recipients. All permissions granted come directly from the
original licensor, creating a direct relationship for enforcement and other
purposes between the original licensor and all recipients.
Licensing of collections
Including a CC-licensed work in a collection (a work comprised of separate
and independent works) is permitted by all CC licenses. However the
collective work as a whole is licensed
(/wiki/Frequently_Asked_Questions#If_I_create_a_collection_that_includes_a_work_offered_under_a_C
the license on the collection does not affect the CC license applied to the
work.
In 4.0, reference to distribution in a collection was removed from the license
as unnecessary. There is no change from previous versions, however.
Licensing of contributions to BY and BY-NC adaptations
The 4.0 licenses make clear for the first time how contributions to
adaptations of BY and BY-NC works may be licensed
(/wiki/Frequently_Asked_Questions#If_I_derive_or_adapt_material_offered_under_a_Creative_Common
Specifically, an adapting licensee may apply any license to her contributions
provided that license does not prevent users of the adaption from complying
with the original license. While new in 4.0, the introduction of this provision
is intended as a clarifier only and is not a change from how earlier versions
operate.
Licenses
17. Links to the International (unported) legal code for the six licenses making
up the current suite, for each version:
4.0
BY (http://creativecommons.org/licenses/by/4.0/legalcode)
BY-SA (http://creativecommons.org/licenses/by-sa/4.0/legalcode)
BY-NC (http://creativecommons.org/licenses/by-nc/4.0/legalcode)
BY-NC-SA (http://creativecommons.org/licenses/by-nc-
sa/4.0/legalcode)
BY-ND (http://creativecommons.org/licenses/by-nd/4.0/legalcode)
BY-NC-ND (http://creativecommons.org/licenses/by-nc-
nd/4.0/legalcode)
3.0
BY (http://creativecommons.org/licenses/by/3.0/legalcode)
BY-SA (http://creativecommons.org/licenses/by-sa/3.0/legalcode)
BY-NC (http://creativecommons.org/licenses/by-nc/3.0/legalcode)
BY-NC-SA (http://creativecommons.org/licenses/by-nc-
sa/3.0/legalcode)
BY-ND (http://creativecommons.org/licenses/by-nd/3.0/legalcode)
BY-NC-ND (http://creativecommons.org/licenses/by-nc-
nd/3.0/legalcode)
2.5
BY (http://creativecommons.org/licenses/by/2.5/legalcode)
BY-SA (http://creativecommons.org/licenses/by-sa/2.5/legalcode)
BY-NC (http://creativecommons.org/licenses/by-nc/2.5/legalcode)
BY-NC-SA (http://creativecommons.org/licenses/by-nc-
sa/2.5/legalcode)
BY-ND (http://creativecommons.org/licenses/by-nd/2.5/legalcode)
BY-NC-ND (http://creativecommons.org/licenses/by-nc-
nd/2.5/legalcode)
2.0
BY (http://creativecommons.org/licenses/by/2.0/legalcode)
BY-SA (http://creativecommons.org/licenses/by-sa/2.0/legalcode)
BY-NC (http://creativecommons.org/licenses/by-nc/2.0/legalcode)
BY-NC-SA (http://creativecommons.org/licenses/by-nc-
sa/2.0/legalcode)
BY-ND (http://creativecommons.org/licenses/by-nd/2.0/legalcode)
BY-NC-ND (http://creativecommons.org/licenses/by-nc-
nd/2.0/legalcode)
1.0
BY (http://creativecommons.org/licenses/by/1.0/legalcode)
BY-SA (http://creativecommons.org/licenses/by-sa/1.0/legalcode)
BY-NC (http://creativecommons.org/licenses/by-nc/1.0/legalcode)
18. BY-NC-SA (http://creativecommons.org/licenses/by-nc-
sa/1.0/legalcode)
BY-ND (http://creativecommons.org/licenses/by-nd/1.0/legalcode)
BY-ND-NC (http://creativecommons.org/licenses/by-nc-
nd/1.0/legalcode) (Note that in the 1.0 license suite, the name of this
license is different than later versions)
Category (/wiki/Special:Categories): Legal (/wiki/Category:Legal)
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Your use of this wiki is governed by the Terms of Use
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