Creative Commons Flashcards
Creative Commons licensing
A scheme of copyright licensing developed by the Creative Commons organisation, a not-for-profit corporation based in the US
Motivations behind open content licensing
- online environment makes it easier to copy
- problem of orphan works
- movement of provision of open content
- discourage rights-holders from relying on DRM as a form of rights protection
Creative Commons organisation started up in
2001
In 2002, it published its first set of free-to-use copyright licences.
Many open content licences were created by
Creators, not lawyers. Shorter than Open Source Licenses.
OpenContent Licence
The OG. The first. 1998 is when it first appeared. Did not refer to damages caused by the use of licenced work.
Creative Commons Three-Layer Model
- The legal code
- The commons deed - “human readable” version of the licence
- The machine readable version
Other open content licences
- Free Art Licence
- Open Publication Licence
- Open Music Licence
- Creative Commons (4.0)
The six international non-ported Creative Commons licences are currently released as version 4.0
- Attribution
- Attribution-NoDerivs
- Attribution NonCommercial-ShareAlike
- Attribution-ShareAlike
- Attribution-NonCommercial
- Attribution-NonCommercial-NoDerivs
Specific Features of Creative Commons
- highest legal level
- regulations to ensure compatibility with other free licences
Features common to all six Creative Commons licences
- free of charge
- non-exclusive
- irrevocable
- no territorial restrictions
- no time limits
- no sublicencing allowed (“always original licensor”)
- basic fields of exploitation: communication to the public + permission to use and dispose of dependent creativity
Which rights are excluded from Creative Commons licences?
- Moral rights.
- Publicity, privacy and personality rights.
- Patents and trade marks.
Digital Rights Management
Law protects works AND technical measures.
Copyright Treaty, Performances and Phonograms Treaty (WIPO)
Licence to share adapted material
Four of the Creative Commons licences grant the right to share adapted material. Of those four licences, two impose narrower restrictions than the others
“Share A Like”
Two of the four CC licences covering sharing of adapted material impose additional restrictions on the licensee’s ability to share adapted material they produce.
Stipulation on Commercial Use
Three of the licences restrict the exercise of the granted rights to non-commercial purposes. Non-commercial is defined as “not primarily intended for or directed towards commercial advantage or monetary compensation”.
