CC develops legal infrastructure for digital creativity
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CC develops legal infrastructure for digital creativity
- 2. Develops, supports and stewards legal and technical infrastructure that maximizes digital creativity, sharing and innovation
- 4. • Is automatic • Is “all rights reserved” • Lasts a really long time • Keeps getting extended
- 5. Creativity and sharing, 2011 • Tech cheap, powerful • Distribution easy • Copies cost ~nothing
- 6. Licenses
- 7. 3 layers
- 8. license
- 9. deed
- 10. <div xmlns:cc="http://creativecommons.org/ns#" xmlns:dc="http://purl.org/dc/terms/"> <span rel="dc:type" href="http://purl.org/dc/dcmitype/Text" property="dc:title">My Book</span> by <a rel="cc:attributionURL" property="cc:attributionName" href="http://example.org/me">My Name</a> is licensed under a <a rel="license" href="http://creativecommons.org/licenses/by/3.0/">Creative Commons Attribution 3.0 License</a> and is an adaptation of <a rel="dc:source" href="http://example.net/her_book"/>Her book</a>.</div> metadata
- 11. Public Domain tools CC0 public Public Domain domain dedication Mark
- 14. This is a Finnish translation of "My Awesome Report" © 2009 by Greg Grossmeier, used under a Creative Commons Attribution-ShareAlike license: http://creativecommons.org/licenses/by-sa/3.0/. This Finnish translation is licensed under the same Creative Commons Attribution-ShareAlike license: http://creativecommons.org/licenses/by-sa/3.0/.
- 18. license anatomy
- 19. scope = ©
- 22. no sublicensing
- 23. no DRM
- 24. other stuff to know
- 25. ported licenses
- 26. marking content
- 27. The photo X is © 2009 Jane Park, used under a Creative Commons Attribution-Noncommercial license: http://creativecommons.org/licenses/by- nc/3.0/.
- 28. version 4.0
- 30. This work is dedicated to the public domain. https://creativecommons.org/publicdomain/zero/1.0/. Attribution is optional, but if desired, please attribute to Creative Commons. Some content such as screenshots may appear here under exceptions to copyright and trademark law such as fair use, and may not be covered by CC0.
Notas del editor
- The mission of Creative Commons is to develop and support free copyright licenses and public domain tools to enable sharing and creativity
- - Not an alternative to ©, works alongside it. - CC offers a simple, standardized way for authors to keep their copyright while allowing certain uses of their work. It makes sharing creativity on the web work, both legally and at scale. Sometimes it’s called a “some rights reserved” approach to copyright
- Question arises, why do we need CC in the first place? What’s the problem?Perhaps we all know these thingsFixed in tangible mediumHave to ask permission (FAIR USE)life of author + 70 yearsKeeps getting extended, Eldred case which Lessig argued, lost at the supreme court
- Legal nitty gritty of copyright law stands in stark contrast to creativity and sharing in the 21st centuryTech cheap and powerfulWe’re all creators, thus copyright holdersSharing and publishing on the web is easy via tools like blogger, picasaCost of copying digital materials being pushed to zeroHow to square the poorly aligned state of copyright with the reality of creativity and sharing today?Copyright licenses that grant some permissions in advance
- All CC licenses require credit be given to the author or creator of the work. Flexible attribution: licensor can specify exactly how they want to be attributed. If unspecified, must be done in reasonable manner. (can they choose not to be attributed? How?)Non endorsement clause - not permitted to imply or suggest their use of the work is sponsored or endorsed by the original authorGenerally means: If the work itself contains any copyright notices placed there by the copyright holder, you must leave those notices intact, or reproduce them in a way that is reasonable to the medium in which you are re-publishing the work. Cite the author's name, screen name, user identification, etc. It is nice to link that name to the person's profile page, if such a page exists. Cite the work's title or name, if such a thing exists. It is nice to link the name or title directly to the original work. Cite the specific CC license the work is under, and link to itIf derivative, in addition to above, you have to identify that your work is a derivative.
- Example of best practices.
- If a work is licensed withSA, then any derivative works based on it must also be licensed under identical terms. (BY-SA, or BY-NC-SA)Viral condition; based on same copyleft concept popularized by GPL and other licensesShareAlike condition does not apply to collectionsE.g. if you add work under BY-SA to a collection, then the original work has to stay under BY-SA, but whole collection doesn’t have to beMost famous adopter – Wikipedia
- Noncommercial:Allows others to copy, distribute, display, perform the work for noncommercial purposes only. work may not be used “in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.”Creator retains commercial rights, users can request special permission. Creator reserves right to collect royalties under statutory or compulsory licenses for commercial use. (collecting societies) License defines NC by the type of use, not the type of userNC term expressly defines peer-to-peer file sharing as being noncommercial
- No derivatives:Users can share the work, but cannot alter the workEssentially, share “as is”License with ND condition allows others to copy, distribute, display and perform only verbatim copies of the work, not derivativesSynching a musical work to a video is explicitly defined as being a derivativeAdding a verbatim copy of a work to a collection is not considered a derivative, and is allowed.
- CC is not a party to the license
- Operates atop © law, so if © not implicated (either b/c public domain or use falls within exception and limitation), then conditions do not apply. There may be publicity or privacy rights to consider; CC licenses don’t license or waive these things. Also may be patent, trademark, trade secrets; CC doesn’t affect these
- Non-exclusive, perpetual, non-revocable – can choose to apply other license but anyone who obtains content from place where CC license applied can rely upon it forever. If user violates terms of CC license, the license terminates; terms revert back to standard copyright for that particular user
- No warranties: licensor doesn’t guarantee they have the right to license the work – you can ask for this, the same as commercial use of NC works – using CC+
- No sublicensing: people using derivatives get their license directly from the original licensor
- Licensees can’t add TPM that would restrict users from using the work under the terms of the license
- Intended to be used internationally, but also adapted to local law in 50+ jurisdictions. (called “ports”). All interoperable – can remix content licensed under one with content licensed under another.
- License automatically applies to any copyrights the licensor has in the entire work. Ideally, licensors will have all the rights necessary to license a work, since they otherwise potentially expose users to liability. Alternatively, licensors that do not have all the necessary rights can inform users with notice statements and/or marking that explains the limitations on the license, warning, for instance, that a particular element of a work is not freely available or that additional rights clearance may be necessary.
- Example of best practices when using third party content.
- Launch versioning process right now. Biggest planned changes are (1) treatment of database rights, (2) making license more international.