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= 3. The Creative Commons licencing scheme =
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3. The Creative Commons licencing scheme
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CC is by far the most widespread Open Content licencing model. Its popularity and widespread use means CC can nowadays be considered de facto as the standard for Open Content licencing.
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CC is by far the most widespread Open Content licencing model. Its popularity and widespread use means CC can nowadays be considered de facto as the standard for Open Content licencing.
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== 3.1 Overview of the six Creative Commons licence types ==
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==
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3.1 Overview of the six Creative Commons licence types
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[[File:Open Content A Practical Guide to Using Creative Commons Licences web-28.png|302x302px|left]]
[[File:Open Content A Practical Guide to Using Creative Commons Licences web-28.png|302x302px|left]]
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In order to meet the varying needs of different publishing strategies, CC provides a set of six licences and two public domain tools. Each licence contains one or more of four basic elements (the “licence features”) which are illustrated by abbreviations and pictograms.<ref>The CC licencing model is explained here: http://creativecommons.org/licenses/?lang=en.</ref>
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In order to meet the varying needs of different publishing strategies, CC provides a set of six licences and two public domain tools. Each licence contains one or more of four basic elements (the “licence features”) which are illustrated by abbreviations and pictograms.
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>The CC licencing model is explained here: http://creativecommons.org/licenses/?lang=en.
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“BY” stands for attribution (the obligation to credit the author and other parties designated for attribution); “NC” stands for NonCommercial (commercial use is excluded from the licence grant); “ND” means NoDerivatives (only verbatim copies of the work can be shared) and “SA” represents ShareAlike (i.e. the work can be modified and modified versions can be published but only under the original or a compatible licence).
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“BY” stands for attribution (the obligation to credit the author and other parties designated for attribution); “NC” stands for NonCommercial (commercial use is excluded from the licence grant); “ND” means NoDerivatives (only verbatim copies of the work can be shared) and “SA” represents ShareAlike (i.e. the work can be modified and modified versions can be published but only under the original or a compatible licence).
These four features form the basis of a fixed set of six CC licences:
These four features form the basis of a fixed set of six CC licences:
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The most permissive licence is CC BY. It grants unrestricted, irrevocable, royalty-free, worldwide, indefinite rights to use the work in any way, by any user and for any purpose. The only requirement is that the user credits the author and other parties designated to receive attribution and retains copyright and licence notices. All other licence versions contain further restrictions. The most restrictive licence is the CC BY-NC-ND. It allows neither modifications nor commercial use. This section gives a brief overview over the different CC licence types. The different licence features, restrictions and obligations are further explained in more detail in section 3.5.
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The most permissive licence is CC BY. It grants unrestricted, irrevocable, royalty-free, worldwide, indefinite rights to use the work in any way, by any user and for any purpose. The only requirement is that the user credits the author and other parties designated to receive attribution and retains copyright and licence notices. All other licence versions contain further restrictions. The most restrictive licence is the CC BY-NC-ND. It allows neither modifications nor commercial use. This section gives a brief overview over the different CC licence types. The different licence features, restrictions and obligations are further explained in more detail in section 3.5.
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[[File:Open Content A Practical Guide to Using Creative Commons Licences web-29.png|frameless|right|300x300px]]
[[File:Open Content A Practical Guide to Using Creative Commons Licences web-29.png|frameless|right|300x300px]]
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=== a) CC BY (Attribution) ===
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a) CC BY (Attribution)
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As already mentioned, CC BY grants an unrestricted licence to use the respective content. How the content is used, e.g. in original or modified form, by whom or for what purpose, is irrelevant. According to section 3a of the legal code<ref>Unless otherwise stated all references to CC licences refer to Version 4 (CCPL4). Regarding the different licence versions, see: chapter 3.1.</ref> the following obligations must be met:
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As already mentioned, CC BY grants an unrestricted licence to use the respective content. How the content is used, e.g. in original or modified form, by whom or for what purpose, is irrelevant. According to section 3a of the legal code
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>Unless otherwise stated all references to CC licences refer to Version 4 (CCPL4). Regarding the different licence versions, see: chapter 3.1.
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the following obligations must be met:
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# The author and other parties designated to receive attribution must be named in the manner requested by the licenser as long as the requested form of attribution is reasonable.<ref>Usually the user will be asked to credit the author’s real name. If the licenced material refers, however, to a pseudonym or was published anonymously the user is requested to credit accordingly.</ref>
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# The author and other parties designated to receive attribution must be named in the manner requested by the licenser as long as the requested form of attribution is reasonable.
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>Usually the user will be asked to credit the author’s real name. If the licenced material refers, however, to a pseudonym or was published anonymously the user is requested to credit accordingly.
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# If supplied by the licenser, copyright notices, a reference to the CC licence (preferably as a link to the CC website), a notice that refers to the disclaimer of warranty and liability and a link to the original source must be retained.
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# If supplied by the licenser, copyright notices, a reference to the CC licence (preferably as a link to the CC website), a notice that refers to the disclaimer of warranty and liability and a link to the original source must be retained.
# If the work is shared in an adapted version, it must be indicated that it is a modified version. Former indications to modifications must be retained (section 3.a.1.B of the legal code).
# If the work is shared in an adapted version, it must be indicated that it is a modified version. Former indications to modifications must be retained (section 3.a.1.B of the legal code).
# If the licenser requests to remove any of the information referred to in paragraph 2 above, the user has to do so as long as it is reasonable.
# If the licenser requests to remove any of the information referred to in paragraph 2 above, the user has to do so as long as it is reasonable.
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# The licensee must not create the impression that their use is in any way endorsed by the licenser or any party designated to receive attribution (section 2.a.6 of the legal code).
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# The licensee must not create the impression that their use is in any way endorsed by the licenser or any party designated to receive attribution (section 2.a.6 of the legal code).
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=== B) CC BY-SA (Attribution-Share-Alike) ===
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B) CC BY-SA (Attribution-Share-Alike)
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As the general licence of Wikipedia, CC BY-SA is one of the most important and widespread CC licences. Licensers, who would like their content to be uploaded onto Wikipedia, or would like to combine it with Wikipedia content, are advised to use CC BY-SA.
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As the general licence of Wikipedia, CC BY-SA is one of the most important and widespread CC licences. Licensers, who would like their content to be uploaded onto Wikipedia, or would like to combine it with Wikipedia content, are advised to use CC BY-SA.
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The only difference between CC BY-SA and CC BY is the ShareAlike clause in section 3b of the legal code. Under the CC BY licence, anyone who adapts the work can redistribute a modified version under the terms of their choice. CC BY-SA, however, binds the adapter to the terms of the original licence. In other words, adapted versions must be shared under CC BY-SA or a compatible licence.<ref>See as to the details of the SA clause, see chapter 3.5 section c.</ref> Apart from the above-mentioned duties to indicate the modifications, the adapter’s licence<ref>The “adapter’s licence” is defined in section 1b of the legal code. The term refers to the licence that a contributor uses to share their adapted version of the work.</ref> must comply with the following conditions:
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The only difference between CC BY-SA and CC BY is the ShareAlike clause in section 3b of the legal code. Under the CC BY licence, anyone who adapts the work can redistribute a modified version under the terms of their choice. CC BY-SA, however, binds the adapter to the terms of the original licence. In other words, adapted versions must be shared under CC BY-SA or a compatible licence.
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>See as to the details of the SA clause, see chapter 3.5 section c.
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Apart from the above-mentioned duties to indicate the modifications, the adapter’s licence
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>The “adapter’s licence” is defined in section 1b of the legal code. The term refers to the licence that a contributor uses to share their adapted version of the work.
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must comply with the following conditions:
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1. The adapter’s licence must either be the original licence or any later version of that licence. Earlier versions cannot be used. It can also be another CC licence that contains the same licence features, for example a ported version of the CC BY-SA licence.<ref>See also chapter 3.1, section b.</ref>
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1. The adapter’s licence must either be the original licence or any later version of that licence. Earlier versions cannot be used. It can also be another CC licence that contains the same licence features, for example a ported version of the CC BY-SA licence.
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>See also chapter 3.1, section b.
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2. A hyperlink or other reasonable reference to the adapter’s licence must be included.
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2. A hyperlink or other reasonable reference to the adapter’s licence must be included.
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3. The use of the modified version must not be restricted by additional terms and conditions or TPMs.
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3. The use of the modified version must not be restricted by additional terms and conditions or TPMs.
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=== C) CC BY-ND (Attribution-No-Derivatives) ===
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C) CC BY-ND (Attribution-No-Derivatives)
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The CC BY-ND licence does not permit adaptations of the work. To protect its integrity, only verbatim copies may be distributed and shared. The NoDerivatives restriction can lead to significant problems with the combination of different content, e.g. in remixing, sampling or joined publications. Apart from this, the licence terms are the same as in the CC BY licence described above.
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The CC BY-ND licence does not permit adaptations of the work. To protect its integrity, only verbatim copies may be distributed and shared. The NoDerivatives restriction can lead to significant problems with the combination of different content, e.g. in remixing, sampling or joined publications. Apart from this, the licence terms are the same as in the CC BY licence described above.
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=== D) CC BY-NC (Attribution-Non-Commercial) ===
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D) CC BY-NC (Attribution-Non-Commercial)
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Contrary to the afore-mentioned licences, the CC BY-NC reserves the right to use the content commercially, i.e. a user is not allowed to reproduce the work or create derivatives if their purpose is to realise a commercial gain. The respective restriction can be found in section 2.a.1 of the legal code. Apart from that, the licence is identical to CC BY and therefore subject to the same obligations.
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Contrary to the afore-mentioned licences, the CC BY-NC reserves the right to use the content commercially, i.e. a user is not allowed to reproduce the work or create derivatives if their purpose is to realise a commercial gain. The respective restriction can be found in section 2.a.1 of the legal code. Apart from that, the licence is identical to CC BY and therefore subject to the same obligations.
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=== E) CC BY-NC-SA (Attribution-NonCommercial-ShareAlike) ===
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E) CC BY-NC-SA (Attribution-NonCommercial-ShareAlike)
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The CC BY-NC-SA combines the NonCommercial and the ShareAlike features. Therefore, the work can be adapted, and adapted versions can be shared under the conditions referred to in paragraph 2 above. However, no commercial use of the licenced material is permitted, neither of the original nor of any modified form. This licence is used, e.g. by the Massachusetts Institute of Technology (MIT) Open Courseware Project (OCW).<ref>See: http://ocw.mit.edu/index.htm.</ref>
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The CC BY-NC-SA combines the NonCommercial and the ShareAlike features. Therefore, the work can be adapted, and adapted versions can be shared under the conditions referred to in paragraph 2 above. However, no commercial use of the licenced material is permitted, neither of the original nor of any modified form. This licence is used, e.g. by the Massachusetts Institute of Technology (MIT) Open Courseware Project (OCW).
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>See: http://ocw.mit.edu/index.htm.
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=== F) CC BY-NC-ND (Attribution-NonCommercial-ShareAlike-NoDerivatives) ===
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F) CC BY-NC-ND (Attribution-NonCommercial-ShareAlike-NoDerivatives)
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The CC BY-NC-ND is the most restrictive CC licence. Neither modifications nor commercial uses are permitted. The general obligations mentioned in paragraph 1 above also apply to this licence.
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The CC BY-NC-ND is the most restrictive CC licence. Neither modifications nor commercial uses are permitted. The general obligations mentioned in paragraph 1 above also apply to this licence.
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== 3.2 Creative Commons public domain tools ==
== 3.2 Creative Commons public domain tools ==