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Creative Commons Licenses

Information on Creative Commons licenses and Copyright

History and Understanding of Copyright

Creative Commons works within copyright law.  A first step to understanding Creative Commons is to begin with knowing a few things about copyright.

  • In brief, Copyright law gives rights to the creator to determine:
    • who is allowed to copy and share information from their work and
    • what they are allowed to copy and share.
  • Copyright is automatic once a creative work is put in a tangible form.
  • Copyright law is written into the Constitution with the intent of encouraging authors to share their work by giving them exclusive control over that sharing for a limited period of time.
  • Current copyright law limits copyright on a work to the lifetime of an author plus 70 years.

Creative Commons and its licensing system is built on copyright and is designed to provide an easy way for creators to share all or part of their work.

 

 

1.1 The Story of Creative Commons | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-1-the-story-of-creative-commons/. Accessed 1 Dec. 2021.

Sharing is at the heart of the beginning of Creative Commons.

  • Sharing a work and culture was at the heart of the U.S. Constitution.  This worked well and preserved and promoted ideas and culture when books and pamphlets were the best means of communicating those ideas and culture.
  • With the creation and expansion of the internet and technological advancement, suddenly, not only could works be shared with more people in less time, but those works could be used by other creators to create new works.
  • Creative Commons was first created to provide a set of legal tools that could be used by creators who wanted to share their works in this new technology environment.                                                                      

                                                   "US Constitution - Philadelphia" by pepsiline is marked with CC PDM 1.0

 

1.1 The Story of Creative Commons | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-1-the-story-of-creative-commons/. Accessed 1 Dec. 2021.

 

How long does copyright last anyway? - CTEA

 

In 1998, the Sonny Bono Copyright Term Extension Act (CTEA) was enacted.

 

This extended the term of copyright for every work in the United States, including those that were currently under copyright protection, for an additional 20 years.  This meant that any item under copyright at that time and any new work would be protected for the life of the creator plus 70 years after they died.

 

Once a copyright term ends, the work moves into the public domain where everyone can use it for any purpose.

 

1.1 The Story of Creative Commons | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-1-the-story-of-creative-commons/. Accessed 1 Dec. 2021.

Is it Constitutional? - Eldred vs Ashcroft

 

Lawrence Lessig, a Stanford law professor and eventually one of the founders of Creative Commons, felt that CTEA was unconstitutional.  Creativity and knowledge build on what has been created and learned in the past.  The U.S. Constitution's intent with copyright was to ensure that there would be knowledge for others to utilize.  Lessig felt that this extension was limiting available knowledge.

 

Eric Eldred was a web publisher who made works available as they passed into the public domain.  His goal was to make more works freely available on the internet.  Lessig represented him in a case that challenged the CTEA act.

 

Lessig used the argument that CTEA was unconstitutional and the case went all the way to the Supreme Court.

 

Eldred lost.

 

1.1 The Story of Creative Commons | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-1-the-story-of-creative-commons/. Accessed 1 Dec. 2021.

Creation of Creative Commons

Is there another solution? 

Creation of Creative Commons

 

While Eldred lost the case, the need to share knowledge from the past had not changed.

 

Lessig and others created Creative Commons, a non-profit organization, in 2002 to answer this need.  They created a set of free, public licenses that would allow copyright holders to have flexibility in how they shared their works.

 

​​​​​​                         "Creative Commons Licenses" by isabella.ell is licensed under CC BY 2.0

 

 

 

 

1.1 The Story of Creative Commons | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-1-the-story-of-creative-commons/. Accessed 1 Dec. 2021.

Copyright is automatic and the default status of the work is that all rights are reserved by the creator.

 

Creative Commons licenses are an easy way for creators to share their work that works with and is consistent with copyright law.

 

Creative Commons licenses are also intended to be used all over the world.  They focus not on individual content but on the building of communities through sharing.

 

 

1.2 Creative Commons Today | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-2-creative-commons-today/. Accessed 1 Dec. 2021.

Today, Creative Commons licenses have been applied to almost 2 billion online works and across 9 mission websites.

 

Creative Commons is a non-profit organization that has created a set of legal tools used by people across the world to encourage the sharing of creations and knowledge through open communities.

 

 

 

1.2 Creative Commons Today | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-2-creative-commons-today/. Accessed 1 Dec. 2021.

 

Anyone can join the Creative Commons Global Network (CCGN).  The Network has over 600 members and over 40 chapters worldwide and is involved in all aspects of Creative Commons promotion, use, and advocacy.

 

There are also Creative Commons Network platforms that can be joined such as:

  • Open Education
  • Open Data
  • Open Access
  • Open Educational Resources

 

 

 

1.2 Creative Commons Today | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-2-creative-commons-today/. Accessed 1 Dec. 2021.

References

 

1.1 The Story of Creative Commons | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-1-the-story-of-creative-commons/. Accessed 1 Dec. 2021.

1.2 Creative Commons Today | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/1-2-creative-commons-today/. Accessed 1 Dec. 2021.

E, Isabell. Creative Commons Licenses. 7 Oct. 2018. Flickr, https://www.flickr.com/photos/167276889@N03/31296882618/.