Creative Commons (CC) is an American
non-profit organization
A nonprofit organization (NPO) or non-profit organisation, also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in co ...
and international network devoted to educational access and expanding the range of
creative works
A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, and composition.
Legal definitions
Creative works require a cre ...
available for others to build upon legally and to share. The organization has released several
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
license
A license (or licence) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit).
A license is granted by a party (licensor) to another party (licensee) as an element of an agreeme ...
s, known as
Creative Commons licenses, free of charge to the public. These licenses allow authors of creative works to communicate which rights they reserve and which rights they
waive
A waiver is the voluntary relinquishment or surrender of some known right or privilege.
Regulatory agencies of state departments or the federal government may issue waivers to exempt companies from certain regulations. For example, a United St ...
for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Content owners still maintain their copyright, but Creative Commons licenses give standard releases that replace the individual negotiations for specific rights between copyright owner (licensor) and
licensee, that are necessary under an "
all rights reserved" copyright management.
The organization was founded in 2001 by
Lawrence Lessig,
Hal Abelson
Harold Abelson (born April 26, 1947) is the Class of 1922 Professor of Computer Science and Engineering in the Department of Electrical Engineering and Computer Science at the Massachusetts Institute of Technology (MIT), a fellow of the Institute ...
, and
Eric Eldred
Eric Eldred (born 1943) is an American literacy advocate and the proprietor of the unincorporated Eldritch Press. Eldred was lead plaintiff in Eldred v. Ashcroft, a lawsuit that challenged the constitutionality of the Sonny Bono Copyright Ter ...
with the support of
Center for the Public Domain. The first article in a general interest publication about Creative Commons, written by
Hal Plotkin
Hal Wayne Plotkin (born September 14, 1957) is an American journalist and activist. He is currently the senior open policy fellow at Creative Commons.
From 2009 to 2014, Plotkin served as the Senior Policy Advisor in the Office of the Under Sec ...
, was published in February 2002. The first set of copyright licenses was released in December 2002. The founding management team that developed the licenses and built the Creative Commons infrastructure as it is known today included
Molly Shaffer Van Houweling
Molly Shaffer Van Houweling (born March 1, 1973) is an American cyclist, academic and legal scholar. Van Houweling is Professor of Law and Associate Dean at the UC Berkeley School of Law and serves as the chair of the board of Creative Commons ...
, Glenn Otis Brown, Neeru Paharia, and Ben Adida.
In 2002, the
Open Content Project
The Open Content Project was a project dedicated to free culture and Creative Commons.
One goal was to evangelize the concept of open content. The project's Open Publication License, primarily designed and offered for academics, could easily ...
, a 1998 precursor project by
David A. Wiley
David A. Wiley is an American academic, writer who is the chief academic officer of Lumen Learning, education fellow at Creative Commons, and former adjunct faculty of instructional psychology and technology at Brigham Young University, where he ...
, announced the Creative Commons as successor project and Wiley joined as CC director.
Aaron Swartz played a role in the early stages of Creative Commons, as did
Matthew Haughey.
, there were "nearly 2 billion" works licensed under the various Creative Commons licenses.
Wikipedia
Wikipedia is a multilingual free online encyclopedia written and maintained by a community of volunteers, known as Wikipedians, through open collaboration and using a wiki-based editing system. Wikipedia is the largest and most-read refer ...
and its
sister projects
Wikipedia is a free, web-based, collaborative and multilingual encyclopedia website and project supported by the non-profit Wikimedia Foundation. It has more than 48 million articles ( in English) written collaboratively by volunteers around t ...
use one of these licenses. According to a 2017 report,
Flickr alone hosted over 415 million cc-licensed photos, along with around 49 million works in
YouTube
YouTube is a global online video platform, online video sharing and social media, social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by ...
, 40 million works in
DeviantArt and 37 million works in
Wikimedia Commons
Wikimedia Commons (or simply Commons) is a media repository of free-to-use images, sounds, videos and other media. It is a project of the Wikimedia Foundation.
Files from Wikimedia Commons can be used across all of the Wikimedia projects in ...
. The licenses are also used by
Stack Exchange,
MDN,
Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, ...
,
Khan Academy
Khan Academy is an American non-profit educational organization created in 2008 by Sal Khan. Its goal is creating a set of online tools that help educate students. The organization produces short lessons in the form of videos. Its website also in ...
,
LibreTexts
LibreTexts (formerly called STEMHyperlibrary and ChemWiki) is a 501(c)(3) nonprofit online educational resource project. The project provides open access to its content on its website, and the site is built on the Mindtouch platform. LibreTexts was ...
,
OpenStax
OpenStax (formerly OpenStax College) is a nonprofit educational technology initiative based at Rice University. Since 2012, OpenStax has created peer-reviewed, openly-licensed textbooks, which are available in free digital formats and for a low c ...
,
MIT OpenCourseWare,
WikiHow,
OpenStreetMap
OpenStreetMap (OSM) is a free, open geographic database updated and maintained by a community of volunteers via open collaboration. Contributors collect data from surveys, trace from aerial imagery and also import from other freely licensed g ...
,
GeoGebra
GeoGebra (a portmanteau of ''geometry'' and ''algebra'') is an interactive geometry, algebra, statistics and calculus application, intended for learning and teaching mathematics and science from primary school to university level. GeoGebra is av ...
,
Doubtnut,
Fandom
A fandom is a subculture composed of fans characterized by a feeling of empathy and camaraderie with others who share a common interest. Fans typically are interested in even minor details of the objects of their fandom and spend a significant ...
,
Arduino,
ccmixter.org,
Ninjam, etc., and formerly by
Unsplash
Unsplash is a website dedicated to proprietary stock photography. Since 2021, it has been owned by Getty Images. The website claims over 265,000 contributing photographers and generates more than 16 billion photo impressions per month on their g ...
,
Pixabay and
Socratic.
Purpose and goal
Creative Commons has been an early participant in the
copyleft
Copyleft is the legal technique of granting certain freedoms over copies of copyrighted works with the requirement that the same rights be preserved in derivative works. In this sense, ''freedoms'' refers to the use of the work for any purpose, ...
movement, which seeks to provide alternative solutions to
copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
, and has been dubbed "some rights reserved". Creative Commons has been credited with contributing to a re-thinking of the role of the "
commons" in the "
information age
The Information Age (also known as the Computer Age, Digital Age, Silicon Age, or New Media Age) is a historical period that began in the mid-20th century. It is characterized by a rapid shift from traditional industries, as established during ...
". Their frameworks help individuals and groups distribute content more freely while still protecting themselves and their
intellectual property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
rights legally.
According to its founder
Lawrence Lessig, Creative Commons' goal is to counter the dominant and increasingly restrictive
permission culture Permission culture is a term often employed by Lawrence Lessig and other copyright activists such as Luis Villa and Nina Paley to describe a society in which copyright restrictions are pervasive and enforced to the extent that any and all uses of c ...
that limits artistic creation to existing or powerful creators. Lessig maintains that modern culture is dominated by traditional content distributors in order to maintain and strengthen their monopolies on cultural products such as popular music and popular cinema, and that Creative Commons can provide alternatives to these restrictions.
In mid‑December 2020, Creative Commons released its strategy for the upcoming five years, which will focus more on three core of goals including advocacy, infrastructure innovation, and capacity building.
[
][
]
Creative Commons network
Until April 2018, Creative Commons had over 100 affiliates working in over 75 jurisdictions to support and promote CC activities around the world. In 2018 this affiliate network has been restructured into a network organisation. The network no longer relies on affiliate organisation but on individual membership organised in Chapter.
Japan
Creative Commons Japan (CC Japan/CCJP) is the affiliated network of Creative Commons in Japan.
In 2003, the International University GLOCOM held a meeting for the CC Japan preparation.
In March 2004, CC Japan was launched by GLOCOM University. CC Japan is the world's second CC affiliated network (the first is in America).
In March 2006, CC Japan become the NPO and be in motion. In the same month, the CC founder
Lawrence Lessig came to Japan to be one of the main holders of the open ceremony.
Within the same year, between May and June, different international events were held in Japan, including iSummit 06 and the first through third rounds of CCJP.
In February 2007, the ICC x ClipLife 15 second CM competition was held. In June, iSummit 07 was held. In July, the fourth CCJP was held. On July 25, Tokyo approved to become the NGO chairman of CCJP.
In 2008, Taipie ACIA joined CCJP. The main theme music which was chosen by CCJP was announced.
In 2009, INTO INFINITY shown in
Tokyo
Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.468 ...
and
Sapporo
( ain, サッ・ポロ・ペッ, Satporopet, lit=Dry, Great River) is a city in Japan. It is the largest city north of Tokyo and the largest city on Hokkaido, the northernmost main island of the country. It ranks as the fifth most populous city ...
. iPhone held the shows with Audio Visual Mixer for INTO INFINITY. (Apple joint research and development with CCJP)
In 2012, the 10th anniversary ceremony was held in Japan.
In 2015, Creative Commons 4.0 and Creative Commons 0 were released in Japanese language.
South Korea
Creative Commons Korea (CC Korea) is the affiliated network of Creative Commons in South Korea. In March 2005, CC Korea was initiated by Jongsoo Yoon (in Korean: 윤종수), former Presiding Judge of Incheon District Court, as a project of Korea Association for Infomedia Law (KAFIL). The major Korean portal sites, including Daum and Naver, have been participating in the use of Creative Commons licences. In January 2009, the Creative Commons Korea Association was consequently founded as a non-profit incorporated association. Since then, CC Korea has been actively promoting the liberal and open culture of creation as well as leading the diffusion of Creative Common in the country.
* Creative Commons Korea
* Creative Commons Asia Conference 2010
Bassel Khartabil
Bassel Khartabil was a Palestinian Syrian open source software developer who served as a project lead and public affiliate for Creative Commons Syria. On March 15, 2012, he was detained by the Syrian government in Damascus at Adra Prison for no crime. On October 17, 2015, Creative Commons Board of Directors passed a resolution calling for Bassel Khartabil's release. In 2017, Bassel's wife received confirmation that Bassel had been killed shortly after she lost contact with him in 2015.
Evolution of CC licenses
All current CC licenses (except the CC0 Public Domain Dedication tool) require attribution (attributing the authors of the original creative works), which can be inconvenient for works based on multiple other works. Critics feared that Creative Commons could erode the copyright system over time, or allow "some of our most precious resources – the creativity of individuals – to be simply tossed into the commons to be exploited by whomever has spare time and a magic marker."
Critics also worried that the lack of rewards for content producers would dissuade artists from publishing their work, and questioned whether Creative Commons would enable the
commons that it aimed to create.
Creative Commons founder Lawrence Lessig countered that copyright laws have not always offered the strong and seemingly indefinite protection that today's law provides. Rather, the duration of copyright used to be limited to much shorter terms of years, and some works never gained protection because they did not follow the now-abandoned compulsory format.
The maintainers of
Debian
Debian (), also known as Debian GNU/Linux, is a Linux distribution composed of free and open-source software, developed by the community-supported Debian Project, which was established by Ian Murdock on August 16, 1993. The first version of D ...
, a
Linux distribution
A Linux distribution (often abbreviated as distro) is an operating system made from a software collection that includes the Linux kernel and, often, a package management system. Linux users usually obtain their operating system by downloading one ...
known for its strict adherence to a particular definition of
software freedom
The free software movement is a social movement with the goal of obtaining and guaranteeing certain freedoms for software users, namely the freedoms to run the software, to study the software, to modify the software, and to share copies of the ...
, rejected the Creative Commons Attribution License prior to version 3 as incompatible with the
Debian Free Software Guidelines (DFSG) due to the license's anti-
DRM
DRM may refer to:
Government, military and politics
* Defense reform movement, U.S. campaign inspired by Col. John Boyd
* Democratic Republic of Madagascar, a former socialist state (1975–1992) on Madagascar
* Direction du renseignement militai ...
provisions (which might, due to ambiguity, be covering more than DRM) and its requirement that downstream users remove an author's credit upon request from the author. Version 3.0 of the Creative Commons licenses addressed these concerns and, except for the non commercial and no-derivative variants, are considered to be compatible with the DFSG.
Kent Anderson, writing for ''The Scholarly Kitchen'', a blog of the
Society for Scholarly Publishing
The Society for Scholarly Publishing (SSP) is a professional society, founded in 1978, dedicated to promoting and advancing communication and networking among all sectors of the scholarly communications community. It has approximately 1,100 member ...
, criticized CC as being grounded on copyright principles and not really departing from it, and as being more complex and complicating than the latter – thus the public does not scrutinize CC, reflexively accepting it as one would a
software license
A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software. Under United States copyright law, all software is copyright protected, in both source ...
– while at the same time weakening the rights provided by copyright. Anderson ends up concluding that this is the point, and that "Creative Commons receives significant funding from large information companies like
Google
Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
,
Nature Publishing Group, and
RedHat", and that Google money is especially linked to CC's history; for him, CC is "an organization designed to promulgate the interests of technology companies and Silicon Valley generally".
CC license proliferation
According to
Mako Hill, Creative Commons has established a range of licenses tailored to meet the different protection interests of authors of creative works, rather than forcing a single forced standard as a "base level of freedom" that all Creative Commons licenses must meet, and with which all licensors and users must comply. "By failing to take any firm ethical position and draw any line in the sand, CC is a missed opportunity. ...CC has replaced what could have been a call for a world where 'essential rights are unreservable' with the relatively hollow call for 'some rights reserved. He also argued that Creative Commons enables
license proliferation
License proliferation is the phenomenon of an abundance of already existing and the continued creation of new software licenses for software and software packages in the FOSS ecosystem. License proliferation affects the whole FOSS ecosystem neg ...
, by providing multiple licenses that are
incompatible.
The Creative Commons website states, "Since each of the six CC licenses functions differently, resources placed under different licenses may not necessarily be combined with one another without violating the license terms." Works licensed under incompatible licenses may not be recombined in a
derivative work
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of an original, previously created first work (the underlying work). The derivative work becomes a second, separate work independent in fo ...
without obtaining permission from the copyright owner.
Richard Stallman
Richard Matthew Stallman (; born March 16, 1953), also known by his initials, rms, is an American free software movement activist and programmer. He campaigns for software to be distributed in such a manner that its users have the freedom to ...
of the
Free Software Foundation
The Free Software Foundation (FSF) is a 501(c)#501(c)(3), 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed ...
stated in 2005 that he couldn't support Creative Commons as an activity because "it adopted some additional licenses which do not give everyone that minimum freedom", that freedom being "the freedom to share, noncommercially, any published work". Those licenses have since been retired by Creative Commons.
License uses
Creative Commons is only a service provider for standardized license text, not a party in any agreement. No central database of Creative Commons works is controlling all licensed works and the responsibility of the Creative Commons system rests entirely with those using the licences. This situation is, however, not specific to Creative Commons. All copyright owners must individually defend their rights and no central database of copyrighted works or existing license agreements exists. The
United States Copyright Office
The United States Copyright Office (USCO), a part of the Library of Congress, is a United States government body that maintains records of copyright registration, including a copyright catalog. It is used by copyright title searchers who are ...
does keep a database of all works registered with it, but absence of registration does not imply absence of copyright, and CC licensed works can be registered on the same terms as unlicensed works or works licensed under any other licences.
Although Creative Commons offers multiple licenses for different uses, some critics suggested that the licenses still do not address the differences among the media or among the various concerns that different authors have.
Lessig wrote that the point of Creative Commons is to provide a middle ground between two extreme views of copyright protection – one demanding that all rights be controlled, and the other arguing that none should be controlled. Creative Commons provides a third option that allows authors to pick and choose which rights they want to control and which they want to grant to others. The multitude of licenses reflects the multitude of rights that can be passed on to subsequent creators.
Non-commercial use licenses
Various commentators have reported confusion in understanding what "noncommercial" use means. Creative Commons issued a report in 2009, "Defining noncommercial", which presented research and various perspectives. The report claimed that noncommercial to many people means "no exchange of money or any commerce". Beyond that simple statement, many people disagree on whether noncommercial use permits publishing on websites supported with advertising, sharing noncommercial media through nonprofit publishing for a fee, and many other practices in contemporary media distribution. Creative Commons has not sought to resolve the confusion, in part because of high consumer demand for the noncommercial license as is with its ambiguity.
Personality rights
In 2007,
Virgin Mobile Australia launched a bus stop advertising campaign which promoted its mobile phone text messaging service using the work of amateur photographers who uploaded their work to the photo-sharing site
Flickr using a
Creative Commons by Attribution
A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted "work".A "work" is any creative material made by a person. A painting, a graphic, a book, a song/lyrics ...
license. Users licensing their images this way freed their work for use by any other entity, as long as the original creator was attributed credit, without any other compensation being required. Virgin upheld this single restriction by printing a URL, leading to the photographer's Flickr page, on each of their ads. However, one picture depicted 15-year-old Alison Chang posing for a photo at her church's fund-raising carwash, with the superimposed, mocking slogan "Dump Your Pen Friend".
Chang sued Virgin Mobile and Creative Commons. The photo was taken by Chang's church youth counsellor, Justin Ho-Wee Wong, who uploaded the image to Flickr under the Creative Commons license.
On November 27, 2007, Chang voluntarily dismissed the lawsuit against Creative Commons, focusing the lawsuit only against Virgin Mobile. The case was thrown out of court due to lack of jurisdiction and subsequently Virgin Mobile did not incur any damages towards the plaintiff.
See also
*
Free culture movement
The free-culture movement is a social movement that promotes the freedom to distribute and modify the creative works of others in the form of free content or open content without compensation to, or the consent of, the work's original creators, ...
*
Open content
*
Open-source license
An open-source license is a type of license for computer software and other products that allows the source code, blueprint or design to be used, modified and/or shared under defined terms and conditions. This allows end users and commercial compa ...
*
Public domain equivalent license
Public-domain-equivalent license are licenses that grant public-domain-like rights and/or act as waivers. They are used to make copyrighted works usable by anyone without conditions, while avoiding the complexities of attribution or license co ...
*
List of major Creative Commons licensed works
References
Bibliography
*
* Asschenfeldt, Christiane.
Copyright and Licensing Issues—The International Commons. In ''CERN Workshop Series on Innovations in Scholarly Communication: Implementing the Benefits of OAI (OAI3), February 12–14, 2004 at CERN, Geneva, Switzerland''. Geneva: CERN, 2004. (video)
* Brown, Glenn Otis.
Academic Digital Rights: A Walk on the Creative Commons. ''Syllabus Magazine'' (April 2003).
*
Out of the Way: How the Next Copyright Revolution Can Help the Next Scientific Revolution. ''PLoS Biology'' 1, no. 1 (2003): 30–31.
* Chillingworth, Mark.
Creative Commons Attracts BBC's Attention. ''Information World Review'', June 11, 2004.
*
*
* Denison, D.C. "For Creators, An Argument for Alienable Rights." ''Boston Globe'', December 22, 2002, E2.
*
* Fitzgerald, Brian, and Ian Oi.
Free Culture: Cultivating the Creative Commons. (2004).
* Hietanen, Herkko
The Pursuit of Efficient Copyright Licensing — How Some Rights Reserved Attempts to Solve the Problems of All Rights Reserved (2008) PhD dissertation.
*
*
*
*
*
*
*
*
* Till Kreutzer: ''
Open Content – A Practical Guide to Using Creative Commons Licences'', Deutsche UNESCO-Kommission e. V., Hochschulbibliothekszentrum Nordrhein-Westfalen, Wikimedia Deutschland e. V. 2015.
External links
*
Creative Commons wikiShort Flash animation describing Creative CommonsCreative Commonsː Copyright Week: What happened to the Brazilian Copyright Reform? (english)Creative Commonsː Copyright Reform (english)
{{Authority control
2001 establishments in California
Computer law organizations
Copyleft
Copyright law organizations
Intellectual property organizations
Organizations established in 2001
Non-profit organizations based in the San Francisco Bay Area
501(c)(3) organizations
Open science
Mountain View, California