Creative Commons Copyright Licensing | Practical Law

Creative Commons Copyright Licensing | Practical Law

A discussion of the Creative Commons copyright licensing framework with links to relevant resources for more detail and for related considerations.

Creative Commons Copyright Licensing

Practical Law Legal Update 8-558-1990 (Approx. 3 pages)

Creative Commons Copyright Licensing

by Practical Law Intellectual Property & Technology
Published on 25 Feb 2014USA (National/Federal)
A discussion of the Creative Commons copyright licensing framework with links to relevant resources for more detail and for related considerations.
Creative Commons, an open copyright licensing framework developed by the Creative Commons organization, provides copyright owners with uniform and transparent license terms for authorizing the public to use, adapt and share their copyrighted works.
Internet users often can easily, and with minimal or no cost, reproduce, adapt and redistribute copyrighted material. These are rights generally reserved to the copyright owner. For copyright owners that do not wish to permit these uses, this ease enhances the risk that their rights will be infringed. Although in many cases the copyright owner wishes to permit or encourage these uses, a user that makes these uses without express authorization risks an infringement claim. In addition, the uses that do not require the copyright owner's permission (for example, fair use) vary among jurisdictions. Open licensing tools, including Creative Commons, seek to address these issues and facilitate content sharing by providing copyright owners with a way to:
  • Communicate their authorization of certain uses of their content.
  • Specify certain limitations on that authorization.
For more information about the rights granted under copyright and exceptions to those rights, see Practice Note, Copyright: Overview: Exclusive Rights and Statutory Exceptions.
The Creative Commons framework consists of:
  • A suite of six core licenses that conform to international copyright laws.
  • Two tools that enable authors and copyright owners to designate their works as free for unrestricted use.
Creative Commons adopted its current Version 4.0 licenses in November 2013. They are intended to be enforceable internationally without adaptation for specific jurisdictions. The core licenses have many features in common, but vary based on whether the licensor wishes to permit the licensee to:
  • Exercise the licensed rights for commercial uses.
  • Share adaptations of the licensed works.
  • If authorized to share adaptations, do so on more restrictive terms.
The licenses generally seek a balance between imposing minimal license restrictions and enabling the copyright owner to retain control over its works. Because uniformity is an objective of the Creative Commons framework, a licensor may not use the "Creative Commons" designation on a license that includes additional restrictions.
For more information about Creative Commons licensing, see Practice Note, Creative Commons Licensing.