Copyright is an essential tool for creators, but it can be a double-edged sword. On one hand, it protects you from others infringing on your work. On the other hand, it also stops others from further developing and innovating based on your work. How do you solve this problem? Creative Commons (CC) licences are public agreements that facilitate the use of copyrighted work. This article will outline the different forms of Creative Commons licences.
What is Copyright?
Copyright is a form of intellectual property (IP) administrated by the Department of Communications and the Arts. It automatically protects an original expression when it is in a material form (e.g. paper or published). The original expression can be a literary, dramatic, musical or artistic work.
Australian authorities implement IP law to protect businesses that generate original intellectual property. It aims to give businesses a competitive edge whilst promoting innovation. Accordingly, Australia vigorously protects IP rights. A person who infringes another’s IP can incur significant fines and imprisonment.
Licensing of IP
The Government May Grant Licence Rights
The Australian government recognises the value of licensing IP rights to others. The power to grant licences often rests with a government official, such as the Commissioner of Patents.
Owners of IP may Grant Licence Rights
An owner of an IP can individually license their IP for others to use or contribute to. The owner has the right to negotiate terms and conditions of how a user may distribute or remix their work. This will be a licence agreement on private terms between relevant parties. Typically, the lisensor receives an amount in royalty.
Continue reading this article below the formWhat are the Creative Commons?
The Creative Commons is an international non-profit organisation that was founded in 2001. The CC has an affiliate network where over 79 regions promote CC activities around the globe.
The CC assists owners of IP to share their IP through a licence legally. An IP owner can use a CC license to grant others the right to share, use, and build upon their work.
Once someone signs up for a CC licence, others can use it (within the terms of the selected licence) without approaching them. The concept of the Creative Commons licence aims to enhance the use of copyright and create a more accessible and innovative world by promoting free sharing.
The CC Licences in Australia
CC Australia is one affiliate of the CC network. CC Australia offers six Creative Commons licences that are free to sign up to. It is of note that once signed up, the licensor cannot revoke the freedoms if users follow the licence terms.
Below is an outline of the six licences available from CC Australia, starting from the most liberal to the most restrictive.
1. Attribution (CC BY)
This licence allows users to distribute, remix, build upon a work and create “Derivative Works”. Users can distribute the work for commercial use, provided they credit the original creators and any other nominated party.
2. Attribution-Share Alike (CC BY-SA)
This licence allows users to distribute, remix and build upon work and create derivative works. Users can again distribute the work for commercial use, provided the user:
- credits the original creators and any other nominated parties; and
- under the same terms, licenses any new creations based on the original work.
3. Attribution-NonCommercial (CC BY-NC)
This licence lets others distribute, remix and build upon the work for non-commercial purposes. Credit must be given to the original creators and any nominated parties.
4. Attribution-NonCommercial-Share Alike (CC BY-NC-SA)
This licence lets others distribute, remix and build upon the work, but only if for non-commercial purposes. Credit must be given to the original creators and any nominated parties. Any derivative works must also be licenced under the same licence.
5. Attribution-No Derivatives (CC BY-ND)
This licence allows others to distribute the work for commercial purposes as long as the work is unchanged. Additionally, the original creators and any nominated parties must be credited.
6. Attribution-NonCommercial-No Derivatives (CC BY-NC-ND)
This licence is the most restrictive of the six main licences. It allows redistribution of the creative work in its original form only. This licence is commonly known as the “free advertising” licence. This is because it allows others to download and share the creative work as long as they credit the original creators and any nominated parties. Additionally, the material must not be altered or used commercially.
Users of CC Licences
A user can be anyone who wishes to use the work of someone who has opted into a CC licence. The user can then remix, distribute and build on work subject to the CC licence according to the terms. If a user breaches a term, their licence to use the creative work will be immediately retracted.
Benefits of CC Licences
CC licences help creators share their work with a broader audience through the nominated licence provision. Creators can protect their work from unauthorised use yet allow visibility through websites, social media and other platforms while retaining credit.
Creative Commons Public Domain Dedication
Additionally, there is CC Zero (CC0), a tool that allows creators to release their work, making it entirely free and accessible to the global public domain. CC0 allows anyone to distribute, remix, adapt, and build upon the material in any medium or format with no conditions.
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Key Takeaways
The Creative Commons licence offers a platform, by way of licence, which allows others to use work that would otherwise be protected under copyright law.
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Frequently Asked Questions
The Australian Creative Commons website has a tool for finding the correct licence for your situation. If you have further questions regarding the use of CC Licences, you can reach out to a copyright specialist to provide further information.
If someone violates your CC Licence, the licence is automatically terminated, and you can take legal action against them. However, it is best to reach out to the user, explain the issue and ask for them to fix it. If the user doesn’t fix the error, or if the use is too time-sensitive to wait, a Takedown Notice or Letter of Demand may be the next best option. An Intellectual Property specialist can help you with handling this violation.
CC Licences cannot be revoked once they are taken up. For example, if you listed an artwork with a CC Licence, and then you decide a year later to remove the offer, those who have begun using the licence do not have to stop just because you have removed the offer to new users.
Essentially, if you decide to remove the CC Licence from your work, existing users of your work are still entitled to continue their use of your work. However, the CC Licence would not be available for new users.
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