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Creative Commons Licenses

Information on Creative Commons licenses and Copyright

Three Layers of the Creative Commons license

Creative Commons licenses function within copyright law.  In copyright law all rights of a work are reserved.  Using a Creative Commons license allows for some rights to be reserved but grants the public the right to use a work under specific standardized conditions.  

Creative Commons licenses are legally enforceable but they are also designed to be understood by non-lawyers.  This is the reason each license is based on a 3 layer design.

Layer 1 - Legal Code

This layer uses and defines the legal terminology that is necessary to make a Creative Commons License enforceable in a court of law.

Layer 2 - Commons Deeds

This layer is the information that is commonly seen and linked to a Creative Commons License.  It is easy to understand by anyone and summarizes the legal code.  It is not legally enforceable.

Layer 2 - Machine Readable Version of the License

This is the software that is used to provide standardized descriptions of licenses that can be read by web sites, web services, and other types of technology in order to identify works that have been licensed with Creative Commons Licenses.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

Creative Commons Elements and Licenses

There are four elements that combine in different ways to create the six Creative Commons Licenses.  They indicate how a work can be used.

 

This icon means Attribution.  This symbol is a part of all Creative Commons Licenses and is often abbreviated or referred to as CC-BY.  This element allows people to use the work for any purpose, even commercially or in a modified form, as long as they give attribution to the creator. 

 

 

 

This icon means Non-Commercial.  This symbol is part of three of the six Creative Commons Licenses and is often abbreviated as NC.  This element limits the reuse of the work to non-commercial purposes.  "Non-commercial" is defined in the legal code as "not primarily intended for or directed towards commercial advantage or monetary compensation."  It is important to realize that 'Non-Commercial' refers to the use not to the type of user.  For-profit organizations can use NC licensed material for non-commercial purposes.

 

 

This icon means No Derivatives.  This symbol is part of two of the six Creative Commons Licenses and is abbreviated as ND.  This element prohibits users from sharing adaptations of the licensed work.  With this element, anyone may still create an adaptation, they just cannot share the work with others in the adapted form.

 

 

 

This icon means Share-Alike.  This symbol is part of two of the six Creative Commons Licenses and is abbreviated as SA.  This element requires that if you share your adaptation of a work, then you must use the same or a compatible license.

 

 

 

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

 

This is the first of the six Creative Commons licenses.  This license allows people to use a work for any purpose as long as they give attribution to the creator of the work.  The work can be used commercially with this license.  It can also be a modified form of the original work.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

 

 

 

This Creative Commons License indicates that the use of the work requires Attribution and must be made available under the same or a compatible license in order to fulfill the Shared Alike requirement.  It allows people to use the work for any purpose, including commercial or in a modified form, as long as the creator receives attribution  and it is licensed under the same or a compatible license.  This is Creative Commons' version of a copyleft license.  This type of license is also required for any work uploaded to Wikipedia.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

 

This Creative Commons License indicates that the use of the work requires Attribution and may be used for Non-Commercial purposes only.  Non-commercial is defined legally as "not primarily intended for or directed towards commercial advantage or monetary compensation."  It is important to remember when selecting this license that Non-commercial depends on the use, not the user.  Also, creators or licensors that designate their work with an NC license are always free to monetize their works.  Licensees or users of a NC work are always free to contact a licensor to ask permission to use the work for commercial purposes.  Non-commercial licenses do not qualify as open licenses.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

 

This Creative Commons License indicates that the use of the work requires Attribution and may be used for Non-Commercial purposes only and if any adaptations are made and shared with others then the adapted work must be made available under the same or a compatible license.  Non-commercial is defined legally as "not primarily intended for or directed towards commercial advantage or monetary compensation."  It is important to remember when selecting this license that Non-commercial depends on the use, not the user.  Also, creators or licensors that designate their work with an NC license are always free to monetize their works.  Licensees or users of a NC work are always free to contact a licensor to ask permission to use the work for commercial purposes.  Non-commercial licenses do not qualify as open licenses.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

 

This Creative Commons License indicates that the use of the work requires Attribution and prohibits the re-user from sharing adaptations of the licensed work.  Anyone may create adaptations as long as they do not share the work with others in the adapted form.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

 

 

This Creative Commons License indicates that the use of the work requires Attribution and prohibits the re-user from sharing adaptations of the licensed work.  Anyone may create adaptations as long as they do not share the work with others in the adapted form. This allows the work to be used for non-commercial purposes only.  It is the most restrictive of the Creative Commons Licenses.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

There are two marks used in Creative Commons to designate public domain materials.  These are considered tools and are indicators of works that are not limited by copyright.

 

 

The mark above has no legal effect.  It serves only as a label to inform the public.  Its use indicates that the work's copyright has expired and the work can be used freely by anyone.

 

The mark above is referred to as CC Zero (CC0).  It is the Creative Commons option for creators who want to entirely disclaim their copy rights.  It still uses the 3 layer design of the legal code, commons deeds, and the machine readable version of the license.  CC0 can be useful in some countries that do not allow creators to dedicate their work to the public domain.  It is a copyright tool but also covers a few additional rights beyond those covered by the CC licenses such as non-competition laws, for example.

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

Non Commercial and No Derivatives licenses information

Creative Commons Licenses work within copyright.  Copyright can impact certain aspects of Creative Commons licensing, particularly when it comes to Non-Commercial and No Derivative Licenses.  Look at these additional tabs for other information to consider when selecting these licenses.

Things to remember about Non-Commercial licenses:

  • Non-Commercial licenses focus on the use of the work, not on the user of the work to determine Non-commercial use.  
  • If a non-commercial work is combined with other works that are not non-commercial, then the new work still must be used for non-commercial purposes.  For example, if a collection of short stories that are licensed as CC-BY are combined into a book with a CC-BY-NC license, then the entire work must be used for non-commercial purposes only.
  • Non-commercial licenses do not limit uses that are allowed by limitations and exceptions to copyright.
    • For example, posting a link to a work does not require permission under copyright law.  If a for-profit university provides a link to a NC-licensed textbook in a syllabus, then the NC license may be disregarded since the linking is allowed by copyright law.
  • Explanations of non-commercial do not modify or change the Creative Commons license.
  • Non-commercial uses may still be restricted due to non-copyright rights.
    • For example, a non-commercial use could violate the personality rights of an individual featured in the work.
  • Non-commercial licenses do not qualify as open licenses.
  • Non-commercial licenses may not be compatible for remixing with many works. See the chart below to determine compatibility.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

Frequently Asked Questions - Creative Commons. https://creativecommons.org/faq/#can-i-combine-material-under-different-creative-commons-licenses-in-my-work. Accessed 31 Oct. 2021.

No Derivative Licenses prohibit re-users from sharing adaptations of the licensed work.  The concern then becomes what determines an adaptation.  This chart gives you some examples of adaptations and non-adaptations.

 

Is this an adaptation?
ADAPTATION ? YES NO
Converting a licensed work from a digital format to a physical copy X
Fixing minor problems with spelling or punctuation X
Syncing a musical work with a moving image X  
Reproducing and putting individual works together into a collection X
Including an original photo in connection with text such as in a blog post, Power Point, or article X

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

Exceptions and Limitations to CC Licensed Works

Creative Commons licenses are built on copyright law.  Their goal is to make more works available for use not to limit works or their uses that copyright law does not restrict.  "This is a core Creative Commons value."  As a result, there are times when Creative Commons licenses should not be applied.

3.2 License Scope | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-2-license-scope/. Accessed 7 Nov. 2021.

Creative Commons licenses rely on copyright to tell you when they should be applied.

  • The licenses apply only when the work is within the scope of copyright law and the copyright law applies to the intended use of the work.  If copyright does not apply then a Creative Commons license does not apply.
  • Patents, trademarks, privacy and publicity rights are also not covered by licenses.  This means that other rights are at play and should be managed separately from Creative Commons licenses.

3.2 License Scope | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-2-license-scope/. Accessed 7 Nov. 2021.

Examples of when to not apply a Creative Commons License:

  • Example 1 - A Creative Commons license is not necessary to give someone permission to read your article or watch your video because reading and watching are generally not regulated by copyright.
  • Example 2 - If you are using a work under a Fair Use or Fair Dealing situation, a Creative Commons license does not apply,
  • Example 3 - If you are creating software, there are free and open source software licenses that will do a better job.
  • Example 4 - Creative Commons licenses do not apply to works in the public domain.

3.2 License Scope | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-2-license-scope/. Accessed 7 Nov. 2021.

Creative Commons list the following questions on their FAQ site that help you in determining when to apply a license.

  • Is the material copyrightable? If not, is it subject to neighboring rights or sui generis database rights? CC licenses do not apply to material in the public domain. Different countries have different standards for what is in the public domain.
  • Do you own the material you want to license? If not, are you otherwise authorized to license it under the specific CC license you are interested in using? You should not apply a license to material that you do not own or that you are not authorized to license.
  • Are you aware that CC licenses are not revocable? You are free to stop offering material under a CC license at any time, but this will not affect the rights associated with any copies of your work already in circulation. (Any particular licensee may lose his or her rights after violating the license, but this does not affect continual use of the work by other licensees.)
  • Are you a member of a collecting society? If you are, you should make sure that you are able to use CC licenses for your materials.
  • Always read the terms and conditions of the specific license you plan to apply. Additionally, there are several terms that may differ in the earlier versions of the license, both unported and ported. If you choose to use a pre-4.0 version or any ported version, clauses such as choice of law may affect your desired choice of license.

Frequently Asked Questions - Creative Commons. https://creativecommons.org/faq/#what-things-should-i-think-about-before-i-apply-a-creative-commons-license. Accessed 7 Nov. 2021.

References

3.1 License Design and Terminology | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-1-license-design-and-terminology/. Accessed 31 Oct. 2021.

3.2 License Scope | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-2-license-scope/. Accessed 7 Nov. 2021.

3.3 License Types | Creative Commons Certificate for Educators, Academic Librarians and GLAM. https://certificates.creativecommons.org/cccertedu/chapter/3-3-license-types/. Accessed 31 Oct. 2021.

“Downloads.” Creative Commons, https://creativecommons.org/about/downloads/. Accessed 31 Oct. 2021.

Frequently Asked Questions - Creative Commons. https://creativecommons.org/faq/#can-i-combine-material-under-different-creative-commons-licenses-in-my-work. Accessed 31 Oct. 2021.

Frequently Asked Questions - Creative Commons. https://creativecommons.org/faq/#what-things-should-i-think-about-before-i-apply-a-creative-commons-license. Accessed 7 Nov. 2021.