Creative Commons Licenses
What is Creative Commons?
Creative Commons is a global nonprofit organization, a set of legal tools, a global network, and a movement to allow people to create and share their work openly with the world. Creative Commons began as a response to the new capabilities the internet proves which are in stark contrast to the legal boundaries of traditional copyright laws. The internet provides users the ability to share creativity and knowledge with the world at the click of a button and Creative Commons Licenses provide users to retain their copyright protection and allow the ability of open sharing on a global setting. To learn more visit creativecommons.org or view the list below for further readings.
Creative Commons for Educators and Librarians
This book provides an in-depth coverage of CC licenses, open practices, and the ethos of the Commons.
A guide to sharing your knowledge and creativity with the world and sustaining your operation while you do.
The Beginning
Copyright provides content creators exclusive rights to their creations, preventing others from copying and adapting that work. The internet provides content creators the ability to access, share, and collaborate content globally at the click of a button. The disconnect between an old law and new technology needed a modern solution.
1998
The Sonny Bono Copyright Term Extension Act (CTEA) sparked the idea for this solution. This Act extended copyright protection for every work in the United States for another 20 years. This meant items could not be placed in the Public Domain until 70 years after the life of a creator.
Unconstitutional
Lawrence Lessing believed this law to be unconstitutional stating the terms of copyright had been continuously extended thus providing content creators an extended monopoly over their work. Lessing represented Eric Eldred in the Eldred vs Ashcroft case. Eldred was a web developer who made his career by making public domain works available to others.
2002
The loss of their case did not impede Lessing's inspiration from Eldred. Lessing and others created a small nonprofit organization called Creative Commons which would assist a creator's ability to share their digital works globally within the boundaries of copyright law. In 2002 they published the first set of Creative Commons licenses to achieve this goal.
Organization
Creative Commons embodies global participation with staff and contractors working around the world. They focus their efforts on stewarding the CC legal tools while simultaneously supporting open movements. The organization's future focuses on building connections and collaborations of openly licensed work worldwide.
Licenses
Creative Commons legal tools provide content creators the ability to make their creative works freely available online while describing the boundaries in which the work can be reimagined. These tools reflect a belief where everyone can contribute their knowledge and creativity in a shared culture and society. These contributions have created a global digital commons full of diverse types of content and ideas.
Movement
Creative Commons has become a global coalition of activists, policymakers, and creators who steward this movement. The CC Global Network has thematic areas focused on Open Education, Copyright, and Open GLAM where volunteers can collaborate on activities and projects with 700+ members in almost 50 global chapters.
Today
Today, you will find CC licenses across the web on every imaginable type of content. Nearly 2 billion works have been licensed which continuously add to this global commons of shared work. To become a part of this community, visit the Creative Commons Global Network online at network.creativecommons.org to find your next open opportunity!
To learn more visit creativecommons.org
Since 2001, a global coalition of people has formed around Creative Commons and open licensing. This includes activists working on copyright reform around the globe, policymakers advancing policies mandating open access to publicly funded educational resources, research and data, and creators who share a core set of values. Most of the people and institutions who are part of the CC movement are not formally connected to Creative Commons.
The CC Global Network (CCGN), is a place for everyone interested in and working with open movements. CCGN members come from diverse backgrounds and include lawyers, activists, scholars, artists, and more, working on a wide range of projects and issues connected to sharing and collaboration. The CC Global Network has over 600 members and over 40 Chapters around the world. To learn more, see if there is a Chapter in your country or contact network-support@creativecommons.org. The Network Platforms are the thematic areas of the Network where volunteers collaborate on activities and projects. CC’s Network Platforms are open to everyone and include the Open Education Platform, a Copyright Platform, and an Open GLAM Platform.
"1.2 Creative Commons Today” by Creative Commons. CC BY 4.0.
Copyright Law Basics
Copyright 101: Common Questions
- What is copyright?
- Copyright grants a set of exclusive rights to copyright owners meaning others cannot copy, distribute, publicly perform, adapt, or otherwise use the work without permission.
- Who owns the copyright?
- The individual who created the work, however, the exclusive rights can be transferred to others such as corporations, publishers, or universities.
- How do you receive copyright Protection?
- Copyright is automatic the moment a work is created though some countries require the work to be fixed in a tangible medium.
- Where is copyright active?
- Copyright laws vary from country to country, but there are many commonalities among these laws globally which are due to international treaties.
- Why is there a copyright?
- Copyright is an area of law that limits how others may access and use the original works of creators.
- How Long does copyright last?
- Copyright protection lasts a long time often decades after the creator dies. This varies depending on participating countries.
“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.
Purpose of Copyright
- Utlitatiran Rationale
- Definition - Copyright is designed to provide an incentive to creators.
- Aim - To encourage the creation and publication of new works for social benefits
- Law Association - Common Law
- Author’s Rights Rationale
- Definition - Copyright protection serves to recognize and protect the deep connection authors have with their creative works.
- Aim - To ensure attribution for authors and preserve the integrity of creative works.
- Law Association - Civil Law
“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.
What is Copyrightable?
- Copyright exists under that category of "literary and artistic works" this can include a wide array of different expressions including but not limited to:
- Literary, musical, artistic, dramatic, and cinematographic works
- Translations, adaptations, arrangements of literary and artistic works
- Collections of literary and artistic works
- Databases and computer software etc...
- Copyright does not protect facts or ideas themselves, only the expression of those facts or ideas.
- Copyright law gives creators control over their expression of an idea
- Copyright law does not allow the copyright holder to own or exclusively control the idea itself.
“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.
Copyright and Intellectual Property
- Intellectual Property
- Rights established by law that empower creators to restrict others from using their creative works. Copyright is a type of intellectual property.
- Trademark Law
- Protects the public from being confused about the source of goods and services. It generally prevents the use of the trademark if it will confuse the public.
- Patent Law
- Gives inventors a time-limited monopoly on their inventions. They typically give inventors the exclusive right to utilize the invention in multiple ways.
“2.1 Copyright Basics” https://certificates.creativecommons.org/cccertedu/chapter/2-1-copyright-basics/ by Creative Commons. CC BY 4.0.
Public Domain
- What is the Public Domain?
- It consists of works that are not subject to copyright because copyright protection does not last forever. This pool of publicly available material allows new creativity and knowledge to be built.
- What can be done with public domain works?
- You can do almost anything, but it depends on the scope and duration of copyright protection in the particular country where the work is used.
- How does work enter the Public Domain?
- Expires - In most countries the term of an individual's copyright expires 50 years after their death.
- Never Entitled - Certain categories of works fall outside of the scope of copyright including ideas, facts, legislative, administrative, and legal texts.
- Dedication - A creator can decide to forego the protections of copyright and dedicate their work to the public domain.
- Failed Compliance - In the past many works have entered the public domain because a creator failed to adhere to formalities.
“2.3 The Public Domain” https://certificates.creativecommons.org/cccertedu/chapter/2-3-the-public-domain/ by Creative Commons. CC BY 4.0.
Copyright’s Exceptions and Limitations
- Exceptions and Limitations
- The limitations and exceptions built into copyright were designed to ensure that the rights of the public were not unduly restricted by copyright.
- Copyright is not absolute and there are some uses of copyrighted works that do not require permission.
- Certain uses are explicitly carved out from copyright including uses for purposes of criticism, parody, access for the visually impaired, and more.
- Listing Specific Actives
- This approach commonly found in civil law countries has the benefit of providing clarity about precisely what uses by the public are allowed and not considered infringing.
- This can be limiting because anything not specifically on the list of exceptions may be deemed restricted by copyright.
- Fair Use
- More flexible guidelines where courts determine using four factors what uses are allowed without the permission of the copyright holder.
- the purpose or the use
- the nature of the work
- the amount and substantially of the portion taken
- the effect on the market.
- More flexible guidelines where courts determine using four factors what uses are allowed without the permission of the copyright holder.
“2.4 Exceptions and Limitations” https://certificates.creativecommons.org/cccertedu/chapter/2-4-exceptions-and-limitations-to-copyright/ by Creative Commons. CC BY 4.0.
Learn More
Visit the Library's copyright guide to learn more at https://utrgv.libguides.com/copyright
Creative Commons Licenses
Layers of a CC License
- Legal Code
- This base layer of the license contains the "lawyer-readable" terms that are enforceable in a court of law.
- Human-Readable
- The commons deeds are the most well known layer of the licenses. These "human-readable" terms summarize the legal codes in an easily digestible format.
- Machine Readable
- The final layer allows websites and web services to understand which works are available under a Creative Commons license with a "machine-readable" version of the license.
Icons Defined
Attribution (BY)
- All licenses include this condition meaning all work must be attributed to the author.
Non-Commercial (NC)
- The work is only available to be used for noncommercial purposes.
Share Alike (SA)
- Adaptations based on this work must also be shared with the same open license type.
No Derivatives (ND)
- Reusers cannot share adaptations of the work making it the most restrictive type of license.
CC0
- Allows users to dedicate their work to the public domain to the greatest extent possible. This license carries legal mechanisms to ensure the works can be recognized in all countries as a Public Domain work.
Creative Commons Licenses Explained
CC BY
- Allows reusers to copy and redistribute the material in any medium or format.
- Users can remix, transform, and build upon the material for any purpose, even commercially.
- Credit must be given to the creator.
CC BY-SA
- Allows reusers to copy and redistribute the material in any medium or format.
- Users can remix, transform, and build upon the material for any purpose, even commercially.
- Credit must be given to the creator.
- Adaptations must be shared under the same terms.
CC BY-NC
- Allows reusers to copy and redistribute the material in any medium or format.
- Users can remix, transform, and build upon the material for noncommercial uses only.
- Credit must be given to the creator.
CC BY-NC-SA
- Allows reusers to copy and redistribute the material in any medium or format.
- Users can remix, transform, and build upon the material for noncommercial uses only.
- Credit must be given to the creator.
- Adaptations must be shared under the same terms.
CC BY-ND
- Allows reusers to copy and redistribute the material in any medium or format.
- Credit must be given to the creator.
- No derivatives or adaptations of the work are permitted.
CC BY-NC-ND
- Allows reusers to copy and redistribute the material in any medium or format.
- Credit must be given to the creator.
- Only noncommercial uses of the work are permitted.
- No derivatives or adaptations of the work are permitted
Commonly Asked Questions
What is noncommercial use?
A noncommercial purpose is defined as one that is "not primarily intended for or directed towards commercial advantage or monetary compensation" This is intended to provide flexibility depending on the facts surrounding the reuse.
What are adaptations?Technical format-shifting, fixing minor grammatical problems, putting works into a collection, including an image in connection with text are NOT adaptations. Syncing a musical work with a moving image and making significant changes to a work ARE considered adaptations.
What does no derivatives mean?
No derivatives prohibit the sharing an adaptation of the work. Thinking in this context, you are allowed to make adaptations for personal use, it just cannot be SHARED publicly. This allows organizations to engage in text and data mining without violating the ND term.
Why would you ShareAlike?
ShareAlike requires a user to share the adapted work using the same or a compatible license. This ensures the author's intention, of having their work shared openly with the possibility of new adaptations, continues throughout every iteration of their work. This unique license is a great way to continue the addition of works into the open commons.
Exceptions and Limitations
- You are using a work under fair use, fair dealing, or some other applicable limitation and exception to copyright. If your use falls under this exception you do not need to rely on the CC license.
- the work is in the public domain. By using a CC license on a public domain work you are restricting "unrestricted" works.
- you want someone to just read or watch your work. Reading and watching are not activities copyright regulates. "Sharing" work, on the other hand, is restricted thus needing a CC license.
CC License Enforceability
Legal enforceability is one of the key features of CC licensing. While the licenses are widely seen as symbols of free and open sharing, they also carry legal weight. The legal code was written by lawyers with the help of a global network of international copyright experts. The result is a set of terms and conditions that are intended to operate and be enforceable everywhere in the world.
The legal robustness of the CC licenses is critically important. With the help of its international network of legal and policy experts, the CC licenses are accepted and enforceable worldwide. To date, no court has declared the licenses unenforceable, and very few lawsuits have ensued. In the vast majority of cases, the community resolves disputes outside of the courtroom.
To learn more about CC License Enforceability click here.
“3.4 License Enforceability” by Creative Commons. CC BY 4.0.Learn More
Choosing, Using, and Finding CC Works
There are many tools available to help a creator find the correct Creative Commons License for their work. A creative Commons license can be thought of as a mode of communication. CC License allows future reusers exactly how a work can be shared, kept, reused, modified, and remixed by simply viewing the icons of the license. Licenses can be as restrictive as not allowing any derivatives of the work to be shared, to as free as requiring only that the original author be attributed for their work all while having the underlying layer of copyright protection. Just like people, every piece of created content is unique and has its own value. Choosing the correct license for your work allows the global community to understand how the content creator would like their work to be utilized.
Listed are a few tools you can use to choose the license that best fits each unique situation.
Choose a License - This chooser helps you determine which Creative Commons License is right for you in a few easy steps.
Open Attribution Builder - This is a tool to help you build attributions for a work. As you fill out the form, it automatically generates the attribution for you.
Not all creative commons licenses are compatible with each other. Before creating a collection, adapting, or remixing CC works, check this table to ensure the works can be used together.
CC Search
CC Search is a Creative Commons search engine that allows users to browse over 500 million images available for reuse.
Creative Commons Platforms
This is a list of platforms that make it easy for users to discover, utilize, and share CC works.
Google Advanced Search
Using Google's advanced search feature you can filter your results by "Usage Rights". This allows you to find openly licensed work.
Major Creative Commons Works
Wikipedia has gathered a list of major Creative Commons licensed works that can be used to search openly licensed content.
OER Commons
OER Commons is a platform that allows users to filter search results by different Creative Commons licenses.
