Creative Commons

Transcript Creative Commons

Creative Commons

Andrés Guadamuz AHRC Research Centre for Studies in Intellectual Property and Technology Law

What is Creative Commons?

 Creative Commons defines the spectrum of possibilities between full copyright (all rights reserved) and the public domain (no rights reserved). CC licenses allow creators to retain copyright, while inviting certain uses of the work, a "some rights reserved" copyright.

Where does it come from?

    Creative Commons is a movement that has evolved from open source software ideas and licences. Creative Commons was founded in 2001 by a group of American legal academics, creators and entrepreneurs.

The idea was to generate a number of easy to-use licences with which creators could share their work to the public while maintaining certain control over it. There are now 55 million works using CC licences.

CC baseline rights

     Licensors retain their copyright. Fair use (fair dealing), free speech and other rights are not affected by licence. Licensees will have to obtain specific permission to perform one of the acts restricted by the licence. Copyright notices should be maintained in all copies of the work.

Every copy of the work should maintain a link to the licence.

CC baseline rights

     Licensees cannot use Technical Protection Measures on their work.

Licensees cannot alter any terms of the licence. Licensees are granted the right to copy, distribute, display, digitally perform and make verbatim copies of the work into another format. The licences are irrevocable.

The licences apply globally.

CC licence elements

    Attribution: The work is made available to the public with the baseline rights, but only if the author receives proper credit. Non-commercial: The work can be copied, displayed and distributed by the public, but only if these actions are for non-commercial purposes. No derivative works: This licence grants baseline rights, but it does not allow derivative works to be created from the original. Share-Alike: Derivative works can be created and distributed based on the original, but only if the same type of licence is used, which generates a “viral” licence.

Definitions

  "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence) "Non-Commercial" means not primarily intended for or directed towards commercial advantage or private monetary compensation.

Licence

Human-Readable Commons Deed Lawyer Readable Legal Code Machine-Readable Digital Code

Types of licence

BY BY-NC BY-SA BY-ND BY-NC-SA BY-NC-ND Attribution Attribution - Non Commercial Attribution - Share Alike Attribution - No Derivatives Attribution - Non Commercial - Share Alike Attribution - Non Commercial - No Derivatives

Licence breakdown

Creative Commons Search

International Creative Commons

   The “generic” CC licence has been drafted with American law in mind. It proved so popular in some circles that it started being adopted by users around the world.

Some commentators raised concerns that the licences could encounter validity problems in some jurisdictions. – Contract formation, moral rights, consumer rights.

iCommons

     The iCommons project is part of Creative Commons, it seeks to accommodate the generic licences and make them jurisdiction specific. Small changes are made to ensure licence validity in target territory. Also contains choice of law and jurisdiction clause.

18 jurisdiction specific licences are live.

14 projects (including Scotland).