peters – Creative Commons https://creativecommons.org Join us in building a more vibrant and usable global commons! Tue, 08 Nov 2016 18:34:42 +0000 en-US hourly 1 https://wordpress.org/?v=4.6.1 https://creativecommons.org/wp-content/uploads/2016/05/cc-site-icon-150x150.png peters – Creative Commons https://creativecommons.org 32 32 104997560 The best community we could ask for https://creativecommons.org/2014/11/25/the-best-community-we-could-ask-for/ Tue, 25 Nov 2014 17:56:58 +0000 http://creativecommons.org/?p=44407 The best community we could ask for November 25, 2013, was a day we had looked forward to for years — the official launch date of Version 4.0 of the Creative Commons licenses. But despite months of planning, something unexpected started to happen just after we hit publish: our website started to fail. We spent the … Read More "The best community we could ask for"

The post The best community we could ask for appeared first on Creative Commons.

]]>

The best community we could ask for

November 25, 2013, was a day we had looked forward to for years — the official launch date of Version 4.0 of the Creative Commons licenses. But despite months of planning, something unexpected started to happen just after we hit publish: our website started to fail.

We spent the next 12 hours working to fix the current setup while simultaneously moving our website to higher-performance servers. That situation was maddening: for a few hours, half of the world could see the new 4.0 licenses, and half couldn’t. Finding a fix was our highest priority. All hands were on deck to ensure we delivered on our promise of providing stable, trustworthy infrastructure for our licenses.

And deliver we did. By the morning of the 26th, the entire world awoke to a new set of CC licenses — licenses that reflect two years of work by some of the best minds in copyright law on the planet.

I’m telling you about the site outage for two reasons. First, it shows us for what we are: a very small organization with extremely limited resources. CC licenses will always be free, but maintaining them isn’t. Whether it’s tech infrastructure, adoption support, or helping users understand the licenses, our stewardship responsibilities are ongoing, in demand, and require resources.

Second, and more importantly, it says a lot about you. A lot of you were up all night with us. The people who could see the new licenses were excitedly sharing details with those of you who couldn’t, and asking us how they could help. I remember laughing to myself, “How many site outages get live-blogged?” Basically, you’re the best community we could ask for.

If you can, please consider making a gift to help carry Creative Commons into 2015. Together, we built state-of-the-art licenses that we’ll all be using for the next decade. But there’s a lot more work to do, for all of us.

Thank you for sharing with us in this dream of a world where knowledge and culture are more accessible to everyone. We’ll never stop fighting for that world, even if it means pulling a few all-nighters.

Support Creative Commons

The post The best community we could ask for appeared first on Creative Commons.

]]>
44407
Thanks for collaborating on 4.0 — looking ahead to 2014! https://creativecommons.org/2014/01/03/thanks-for-collaborating-on-4-0-looking-ahead-to-2014/ Fri, 03 Jan 2014 18:46:23 +0000 http://creativecommons.org/?p=41548 thank you note for every language / woodleywonderworks / CC BY As we take stock of our achievements in 2013 and plan our legal work for the year ahead, we would be remiss not to pause and express our deepest gratitude to the many individuals and organizations whose contributions made one of CC’s most significant … Read More "Thanks for collaborating on 4.0 — looking ahead to 2014!"

The post Thanks for collaborating on 4.0 — looking ahead to 2014! appeared first on Creative Commons.

]]>
thank you note for every language
thank you note for every language / woodleywonderworks / CC BY

As we take stock of our achievements in 2013 and plan our legal work for the year ahead, we would be remiss not to pause and express our deepest gratitude to the many individuals and organizations whose contributions made one of CC’s most significant projects in 2013 – the development of license version 4.0 – an overwhelming success. This milestone was made possible because of the dedication of our diverse, talented, and extensive CC community. Our community brought legal expertise and practical experience to bear in our policy deliberations, and continued to hold us accountable for running an inclusive, transparent process. CC is thankful for your ongoing efforts and your trust in our stewardship. The version 4.0 licenses are all the better for your participation.

Although many more could be thanked, we in particular wish to recognize the contributions of a few:

  • the CC global affiliate network for their legal analysis and drafting assistance, which included participation by representatives from more than 55 jurisdictions over the course of four license drafts;
  • the larger CC community of creators and license users who contributed constructively, thoughtfully, and often passionately to our policy debates through 1000+ posts to our license development email list;
  • other public license stewards, including the Free Software Foundation and Artlibre.org, for carefully navigating the intricacies of license compatibility and sharing ideas for (hopefully) achieving that goal in the new year;
  • our friends and colleagues at the Electronic Frontier Foundation, Public Library of Science, Software Freedom Law Center, Wikimedia Foundation, and other sister organizations, who contributed expertise and insights on difficult policy decisions and considered with us the potential implications of our policy choices;
  • CC fellow Mike Linksvayer and consultant Eric Steuer, for their perspectives on past policy decisions and insight into opportunities and challenges for future license adoptions;
  • former staff members including Chris Webber, Greg Grossmeier, and Aurelia Schultz, as well as the CC board of directors, particularly Michael Carroll and Molly Van Houweling who provided instrumental guidance and legal expertise throughout the process; and
  • as always, our trusted pro bono counsel at Latham & Watkins and Wilson Sonsini.

Looking ahead to 2014, our community will have many additional opportunities to participate in our legal work. In close collaboration with our worldwide affiliate network, we will shortly begin the process of creating and publishing official translations of the 4.0 licenses and related educational materials, including FAQs and implementation tool kits. We will also be returning our attention to ShareAlike compatibility. We will be finalizing the (currently Draft) ShareAlike Statement of Intent, which will be followed by development of ShareAlike compatibility criteria and processes and evaluation of leading candidates for compatibility with BY-SA 4.0. Starting this month, we will also begin publishing a series of blog posts that focus on new features of the 4.0 license suite. The series will explore in more depth implications of the underlying policy decisions reflected in our new licenses, such as the operation of our licenses in the context of text and data mining.

We will also be turning our attention to legal projects set aside while finishing 4.0, such as our work on CC0 translations and other public domain-focused efforts. You can also expect us to solicit your input on important new projects under evaluation and in development. There will be no shortage of opportunities for our community to lend their expertise (and opinions!) as we move forward in 2014.

Thanks once again for contributing to a successful version 4.0 launch. We look forward to continuing our collaborations with all of you in the new year!

The post Thanks for collaborating on 4.0 — looking ahead to 2014! appeared first on Creative Commons.

]]>
41548
Welcome to the CC community, intergovernmental organizations https://creativecommons.org/2013/12/06/welcome-to-the-cc-community-intergovernmental-organizations/ https://creativecommons.org/2013/12/06/welcome-to-the-cc-community-intergovernmental-organizations/#comments Fri, 06 Dec 2013 19:06:56 +0000 http://creativecommons.org/?p=41061 We’re pleased to announce a new suite of Creative Commons licenses specifically designed for intergovernmental organizations (IGOs). IGOs produce a wide array of valuable information and content, ranging from scholarly and scientific papers to environmental data. Just like other creators who seek wide dissemination of their works to achieve maximal impact, IGOs benefit from using … Read More "Welcome to the CC community, intergovernmental organizations"

The post Welcome to the CC community, intergovernmental organizations appeared first on Creative Commons.

]]>

We’re pleased to announce a new suite of Creative Commons licenses specifically designed for intergovernmental organizations (IGOs). IGOs produce a wide array of valuable information and content, ranging from scholarly and scientific papers to environmental data. Just like other creators who seek wide dissemination of their works to achieve maximal impact, IGOs benefit from using CC’s well understood and widely adopted licenses.

Since the 2011 CC Global Summit in Warsaw, and in tandem with our 4.0 license development process, we’ve been working closely with IGOs to understand and find acceptable ways to address their unique needs in our licenses. The process mirrored the porting process used for the 3.0 licenses, which addresses specific needs of jurisdictions. Additionally, we have been working closely on adoption opportunities so that the valuable content IGOs produce can be reused around the globe under our standard licenses. For example, the World Bank leverages CC’s licenses as part of its impressive open access policy, and Commonwealth of Learning has adopted an OER policy under which it will release its own materials using CC licenses.

CC and IGO working group participants announced the results of this effort today. From the press release:

“The more that everyone can access and use the important work of IGOs, the more impactful they are,” Creative Commons co-founder Lawrence Lessig said. “By publishing their information and data under Creative Commons licenses, these organizations are giving anyone on the planet the right to read and share those materials.”

You can learn more about the IGO licenses on our wiki, where you can also find specific considerations that licensees should be aware of when using a work under these new licenses.

Congratulations to everyone! We look forward to seeing more and more IGOs joining the commons.

The post Welcome to the CC community, intergovernmental organizations appeared first on Creative Commons.

]]>
https://creativecommons.org/2013/12/06/welcome-to-the-cc-community-intergovernmental-organizations/feed/ 1 41061
CC’s Next Generation Licenses — Welcome Version 4.0! https://creativecommons.org/2013/11/25/ccs-next-generation-licenses-welcome-version-4-0/ https://creativecommons.org/2013/11/25/ccs-next-generation-licenses-welcome-version-4-0/#comments Tue, 26 Nov 2013 03:33:08 +0000 http://creativecommons.org/?p=40768 We proudly introduce our 4.0 licenses, now available for adoption worldwide. The 4.0 licenses — more than two years in the making — are the most global, legally robust licenses produced by CC to date. We have incorporated dozens of improvements that make sharing and reusing CC-licensed materials easier and more dependable than ever before. … Read More "CC’s Next Generation Licenses — Welcome Version 4.0!"

The post CC’s Next Generation Licenses — Welcome Version 4.0! appeared first on Creative Commons.

]]>

We proudly introduce our 4.0 licenses, now available for adoption worldwide. The 4.0 licenses — more than two years in the making — are the most global, legally robust licenses produced by CC to date. We have incorporated dozens of improvements that make sharing and reusing CC-licensed materials easier and more dependable than ever before.

We had ambitious goals in mind when we embarked on the versioning process coming out of the 2011 CC Global Summit in Warsaw. The new licenses achieve all of these goals, and more. The 4.0 licenses are extremely well-suited for use by governments and publishers of public sector information and other data, especially for those in the European Union. This is due to the expansion in license scope, which now covers sui generis database rights that exist there and in a handful of other countries.

Among other exciting new features are improved readability and organization, common-sense attribution, and a new mechanism that allows those who violate the license inadvertently to regain their rights automatically if the violation is corrected in a timely manner.

You can find highlights of the most significant improvements on our website, track the course of the public discussion and evolution of the license drafts on the 4.0 wiki page, and view a recap of the central policy decisions made over the course of the versioning process.

The 4.0 versioning process has been a truly collaborative effort between the brilliant and dedicated network of legal and public licensing experts and the active, vocal open community. The 4.0 licenses, the public license development undertaking, and the Creative Commons organization are stronger because of the steadfast commitment of all participants.

With the 4.0 licenses published, we will be turning our attention to official translations of the legal code in partnership with our affiliate network and larger community. Translations of our new deeds are also underway, with a significant number already completed.

Thank you and congratulations to everyone who participated in making 4.0 a reality!

The post CC’s Next Generation Licenses — Welcome Version 4.0! appeared first on Creative Commons.

]]>
https://creativecommons.org/2013/11/25/ccs-next-generation-licenses-welcome-version-4-0/feed/ 26 40768
First Arabic Language CC Licenses Launched! https://creativecommons.org/2013/10/31/first-arabic-language-cc-licenses-launched/ https://creativecommons.org/2013/10/31/first-arabic-language-cc-licenses-launched/#comments Thu, 31 Oct 2013 17:27:04 +0000 http://creativecommons.org/?p=40274 Finally the Arabic translation… / Muhammad Basheer / CC BY Following a multi-year process and the dedication of several Creative Commons Arab regional teams and communities, Creative Commons is very proud to announce that its 3.0 license suite is now available in Arabic. The Egypt 3.0 licenses were completed by our CC Egypt team, hosted … Read More "First Arabic Language CC Licenses Launched!"

The post First Arabic Language CC Licenses Launched! appeared first on Creative Commons.

]]>
Finally the Arabic translation for #creativecommons licenses
Finally the Arabic translation… / Muhammad Basheer / CC BY

Following a multi-year process and the dedication of several Creative Commons Arab regional teams and communities, Creative Commons is very proud to announce that its 3.0 license suite is now available in Arabic. The Egypt 3.0 licenses were completed by our CC Egypt team, hosted by the Access To Knowledge initiative at the Bibliotheca Alexandrina in Alexandria. The porting effort was led by copyright expert Hala Essalmawi, with the support of Hani Sawiress.

The process of porting the 3.0 licenses endured a lengthy and eventful journey spanning the changing cultural and political climate in the Arab world. Although CC is on the cusp of publishing the 4.0 license suite, an international suite that we do not expect to port but instead translate, the Egypt 3.0 licenses are being published to recognize and celebrate the tireless effort of all of the affiliates and community members in the Arab world who cooperated to make their publication a reality after more than half a decade of effort.

Localization efforts in the Arab world began in earnest more than six years ago with affiliates in Jordan and, thereafter, in Egypt. Jordanian copyright law experts Rami Olwan and Ziad Maraqa worked early on to raise awareness of CC licenses and their potential for bolstering the existing culture of sharing found throughout the Arab world. The CC Egypt porting team leveraged those drafting efforts as a starting point for the Egypt licenses.

One of the biggest challenges of the process involved translation. Arabic is the official language of the 22 members of the Arab League, and is spoken by more than 300 million people in many different dialects. The Egyptian effort required attention to pan-regional considerations knowing that the licenses would be adopted by users outside of Egypt.

The CC Egypt team partnered with many others to complete the licences, including a group of passionate lawyers and activists from other Arabic-speaking countries. Among other important work, this group considered options for translating CC’s English legal code into modern standard Arabic while ensuring that the license names and elements (Attribution, ShareAlike, NonCommercial, and NoDerivatives) would be understood by Arabic-speakers across the region and embraced by end-users, not just lawyers. An important milestone in the localization effort came during the 2nd Arab Regional Meeting in Doha, Qatar, in October 2010. There, legal experts and community members from Egypt, Jordan, Lebanon, Qatar, Syria, and UAE, together with CC HQ, forged agreement on those terms. For those interested in more details, see the minutes (PDF) and a summary of the translation discussion in Arabic.

Worth noting is the pivotal role played by Bassel Safadi aka Khartabil, free internet pioneer and CC’s lead in Syria. Bassel has been one of the most active members of the CC Arab community, adeptly facilitating dialogue between the legal community and content creators community to produce outcomes useful to both. Bassel has been greatly missed by the Arab and global CC community since his detainment by Syrian authorities in March 2012.

We also acknowledge the dedication of the CC Egypt team and the broader Arab CC community to concluding the licenses and advancing Creative Commons adoption and community building during the many recent turbulent years in the region. The dire political and economic situation of several countries in the Arab world and the uprisings since late 2010 have brought insecurity and challenges to people’s daily lives; yet, they have managed to push forward with a wealth of user-generated, youth-driven creativity. CC communities in the Arab world have paid a tribute to this phenomenon by dedicating the past two regional meetings (2011, Tunis; 2012, Cairo) to supporting the creation of original content in Arabic, whether music or visual art or texts.

With all this in mind, the launch of the Egyptian licenses, our first set of licenses in the Arabic language, may be counted among one of the most significant recent achievements of the global CC community. Congratulations to Hala and her team at Bibliotheca Alexandrina for this masterful accomplishment during especially challenging times. Additionally, special thanks to CC Lebanon’s Mohamed Darwish and Pierre el Khoury whose multi-year contributions to the licenses proved critical, the Egyptian community and the Arab communities who commented and discussed the licenses, and CC’s coordinator for the Arab Region, Donatella della Ratta, for her dedicated efforts coordinating and supporting the many convenings necessary to complete the licenses.

Hundreds more could be thanked for their participation in this long but fruitful effort, but above all, a warm and sincere expression of gratitude to the passionate Arab people who believe in a culture of openness, transparency and sharing, and fight for it, sometimes paying with their lives. Shukran.

The post First Arabic Language CC Licenses Launched! appeared first on Creative Commons.

]]>
https://creativecommons.org/2013/10/31/first-arabic-language-cc-licenses-launched/feed/ 2 40274
4.0 draft 4 ready for comment — final consultation before publication https://creativecommons.org/2013/09/12/4-0-draft-4-ready-for-comment-final-consultation-before-publication/ Thu, 12 Sep 2013 23:54:54 +0000 http://creativecommons.org/?p=39587 International arrivals / James Cridland / CC BY We are delighted to finally publish the fourth and final draft of the 4.0 license suite for public comment. We are publishing draft 4 of BY-NC-SA today, and will publish the other five licenses over the course of the next few days. The prior public comment period … Read More "4.0 draft 4 ready for comment — final consultation before publication"

The post 4.0 draft 4 ready for comment — final consultation before publication appeared first on Creative Commons.

]]>
International arrivals

International arrivals / James Cridland / CC BY

We are delighted to finally publish the fourth and final draft of the 4.0 license suite for public comment. We are publishing draft 4 of BY-NC-SA today, and will publish the other five licenses over the course of the next few days.

The prior public comment period – lengthy as it was – netted important input from the community, stakeholders, and our affiliate community. It was also the signal for CC to pause and consider one final time what more we might do to make the license suite as long-lasting, international, and easy to use as possible. We have introduced changes in this draft that we feel accomplish these goals more completely. A few highlights follow – read more on our 4.0 wiki.

ShareAlike – In discussions with our community (including our affiliate network), it has become evident that there exist several different understandings about how ShareAlike operates — in particular, whether and how the licenses “stack” when different SA licenses are applied (such as ports and later versions), like they stack for adaptations of BY and BY-NC works. We also know that in practice, many (perhaps even most) users of those remixes look only to the last SA license applied as the source of their obligations as to all copyright holders.

Given the expected longevity of the 4.0 suite, we are taking the opportunity now to insert a provision (see Section 2(a)5)) that brings the legal code fully in line with what we believe is the prevailing practice and expectation. Thus, while the original license continues to apply to the original, all copyrights in remixes of 4.0 SA-licensed works will be under a unified set of terms and conditions (those of the last SA license applied), even when a later version of the SA license is applied by a downstream remixer. We welcome input on this important revision.

Effective Technological Measures – While we are retaining the prohibition on these measures, we are taking the opportunity to clarify within the license what has been long-standing confusion over what is and is not prohibited. We introduce in draft 4 a new defined term that makes clear that the prohibition is limited to those technologies that have the effect of imposing legal restrictions on reuse, just as our licenses prohibit additional terms that restrict reuse.

Attribution – Draft 4 improves inter-version compatibility between 4.0 and prior license suites while retaining the new addition introduced earlier that subjects all requirements to a standard of reasonableness.

Other improvements include consolidation of provisions relating to sui generis databse rights for ease of reference and to reduce confusion, eliminating an unnecessary (and confusing) license interpretation clause, removal of a provision that would have allowed customized warranties to form part of the license, and other language clean up and simplification. Read more about the changes and improvements to draft 4, including a comparison of this draft to Draft 3 [PDF] and a chart summarizing changes to the attribution and marking requirements [PDF]. More info on our 4.0 wiki.

Please note that this consultation period is abbreviated. We will be drawing the comment period to a close sometime the week of September 23rd. Please participate!

The post 4.0 draft 4 ready for comment — final consultation before publication appeared first on Creative Commons.

]]>
39587
Where’s 4.0? A Post-Summit Update https://creativecommons.org/2013/08/29/wheres-4-0-a-post-summit-update/ Thu, 29 Aug 2013 22:58:05 +0000 http://creativecommons.org/?p=39390 Finish Line / jayneandd / CC BY When we published Draft 3 of Version 4.0 of the CC license suite in February, we reminded our community that the ensuing consultation period would be its final chance to comment on the licenses before publication. The publication of that draft and reminder caused some stakeholders and others … Read More "Where’s 4.0? A Post-Summit Update"

The post Where’s 4.0? A Post-Summit Update appeared first on Creative Commons.

]]>
Finish Line

Finish Line / jayneandd / CC BY

When we published Draft 3 of Version 4.0 of the CC license suite in February, we reminded our community that the ensuing consultation period would be its final chance to comment on the licenses before publication. The publication of that draft and reminder caused some stakeholders and others in our affiliate network to take a final hard look at the legal code. This was also the trigger for us here at CC to conduct one last review as planned. After all, one of our foremost goals has been to develop a long-lasting suite of licenses that will carry us as far into the future as possible. If there are some improvements we can make now and that will avoid problems later, then we ought take the time to account for those when possible.

That our publication caused the legal code to undergo this final level of scrutiny is the good news. We were also able to have a concluding discussion with our affiliates face-to-face during the 2013 Global Summit in Buenos Aires last week. There, we received valuable input from those in attendance about the final draft of the licenses.

The unfortunate news is the ensuing delay. For those eager to move from 3.0 to 4.0 — and there are many of you who have been waiting patiently — we recognize that the delay is a source of frustration. We are excited to say that the wait will pay dividends for everyone; however, the community identified a few important issues and we’re working together to address those issues in the upcoming draft. We’ll be expanding more on those when we publish the draft, slated for next week.

For those of you interested in commenting on the final draft, take note that the consultation period will be abbreviated, no longer than two weeks. The bulk of the changes are not substantive and do not involve a shift in policy. Instead, they involve further refinements and simplification in language when possible, consolidation of the sui generis database rights provisions into a single section for ease of reference, and similar improvements. The remainder will be concisely framed and explained, and we don’t expect them to be controversial.

Watch this space and our 4.0 wiki for the final drafts of the licenses next week. Thanks again for your patience and support. We’re close!

The post Where’s 4.0? A Post-Summit Update appeared first on Creative Commons.

]]>
39390
4.0 draft 3 published – final comment period underway https://creativecommons.org/2013/02/14/4-0-draft-3-published-final-comment-period-underway/ https://creativecommons.org/2013/02/14/4-0-draft-3-published-final-comment-period-underway/#comments Fri, 15 Feb 2013 06:28:17 +0000 https://creativecommons.org/?p=36713 “… Civile” / umjanedoan / CC BY It’s a fitting start to CC’s second decade as a license steward that we are publishing for comment the third and final draft of version 4.0. This draft has been long in the making, but we think it’s all the better for the extended discussion and drafting period, … Read More "4.0 draft 3 published – final comment period underway"

The post 4.0 draft 3 published – final comment period underway appeared first on Creative Commons.

]]>
“… Civile”

“… Civile” / umjanedoan / CC BY

It’s a fitting start to CC’s second decade as a license steward that we are publishing for comment the third and final draft of version 4.0.

This draft has been long in the making, but we think it’s all the better for the extended discussion and drafting period, and therefore that much closer to finalization and realizing its full potential as an international license suite.

New in Draft 3

Much of our attention since publishing draft 2 has been focused on improving the license in ways tied to key objectives we had in mind when this process started a little more than a year ago.

Sui generis database rights – a weighty factor in our decision to version – are now handled more thoroughly and clearly. The changes introduced in draft 3 will be of particular benefit for data projects and communities forced to manage the complexities of licensing those rights in addition to copyright. The 4.0 suite will provide more certainty about application of the license and the obligations of re-users of data where those right apply. The revisions also reinforce CC’s policy of combatting the expansion of sui generis database rights beyond the borders of the few countries where they exist. Those rights and obligations remain safely confined.

Interoperability has been a second, important objective of this versioning process. Our BY and BY-NC licenses have never specified how adaptations may be licensed. This is a source of confusion at times for users, especially for those remixing materials under a variety of licenses whether within or external to the CC suite. In draft 3, we have introduced provisions specifying how contributions to adaptations built from BY and BY-NC licensed material must be licensed. The rule we introduce should be intuitive for most (and has always been true), and will be easily recognized by others because of its foundation in copyright. We are eager to hear feedback on whether it’s a workable rule in practice. If so, then these new provisions will clear the way for increased interoperability between those two licenses and other public licenses.

We have also introduced a number of features to better ensure that works can be reused as the licenses (and licensors) intend. We recognize that licensors are often required or encouraged to apply technological protection measures when distributing their works through large platforms, and that those TPMs can prevent the public from using the CC-licensed work as the license permits (reproduce, modify, share, etc.). The license is now clear that if users choose to circumvent those measures in order to exercise rights the CC licenses grant, the licensor may not object. In some situations others (such as the platform provider) may have the right to object, and in some circumstances and jurisdictions doing may still be a criminal offense. Our licenses do not help in those situations (and should not be relied upon to protect users in those cases). But at least between licensors and those reusers, circumvention is expressly authorized.

Several other changes have been introduced to improve the smooth functioning of the licenses, including a few worth highlighting here:

  • Although we have decided not to pursue a proposal that would have required licensors to offer representations and warranties, we now prominently highlight important before-licensing considerations that encourage rights clearances and proper marking of third-party content. These practices and considerations have long been promoted by CC. Placing them in closer proximity to the licenses educates licensors and encourages responsible licensing practices, and alerts the public to the limitations of the licenses.
  • The license now includes a mechanism that allows for automatic reinstatement of the license when a violation is cured within 30 days of discovery, while preserving a licensor’s right to seek remedies for those violations. This was a popular request, particularly by institutions wanting to use high-quality CC-licensed content in important contexts but who worried about losing their license permanently for an inadvertent violation.

Public Discussion – Featured Topics

In this third discussion period, we will be returning our attention to ShareAlike compatibility, the centerpiece of our interoperability agenda. We will take a harder look at the mechanism necessary to permit one-way compatibility out from BY-SA to other similarly spirited licenses like GPLv3, and whether one-way compatibility is, in fact, desired. We will also develop compatibility criteria and processes, though that may not conclude until after the 4.0 suite is launched. We expect to explore the introduction of a compatibility mechanism in BY-NC-SA similar to that already present in BY-SA. Draft 3 incorporates the changes that would accomplish all of this, if the decision is made to pursue these actions following vetting with our community.

Internationalization will also be a highlight of this discussion period. We will be making a final push with our legal affiliates to fine tune the legal code so the licenses operate as intended and are enforceable around the world. As part of this, we expect a full discussion on the new interpretation clause that establishes a default rule for how the license should be interpreted.

Other topics we will be covering include attribution and some finessing of those requirements. And as publication time draws nearer, we will also be having discussions about the license deed and related matters. You can find a complete list of open topics, a list of changes in draft 3 and a side-by-side comparison of Draft 2 and Draft 3 (237 KB PDF) on our 4.0 wiki, as well as downloads and links to all six draft licenses.

We look forward to hearing from you in this final comment stage. Check out all six of the 4.0d3 licenses, and join the CC license development and versioning list, or contribute ideas directly to the 4.0 wiki.

Thanks again for a productive comment period. Thanks for the many valuable contributions to date!

The post 4.0 draft 3 published – final comment period underway appeared first on Creative Commons.

]]>
https://creativecommons.org/2013/02/14/4-0-draft-3-published-final-comment-period-underway/feed/ 5 36713
A Global, Pro Bono Week Tribute https://creativecommons.org/2012/10/22/a-global-pro-bono-week-tribute/ https://creativecommons.org/2012/10/22/a-global-pro-bono-week-tribute/#comments Mon, 22 Oct 2012 15:00:23 +0000 https://creativecommons.org/?p=34478 Universal Thank You Note / woodleywonderworks / CC BY This week is Pro Bono Week in the United States. We wish to take this opportunity to thank the many talented legal professionals on whom we count for impeccable, cutting-edge advice around the world on an array of issues, all on a volunteer basis. CC leverages … Read More "A Global, Pro Bono Week Tribute"

The post A Global, Pro Bono Week Tribute appeared first on Creative Commons.

]]>
Universal Thank You Note

Universal Thank You Note / woodleywonderworks / CC BY

This week is Pro Bono Week in the United States. We wish to take this opportunity to thank the many talented legal professionals on whom we count for impeccable, cutting-edge advice around the world on an array of issues, all on a volunteer basis.

CC leverages pro bono legal expertise on a number of important projects. For example, almost exactly one year ago, Creative Commons formally embarked on the versioning of our license suite. This is one of the most important responsibilities we have as the steward of licenses relied upon by creators to share an estimated one-half billion works on the Internet (and counting). As with the development of the past four license versions, this undertaking involves major policy decisions, complicated questions of international, regional and jurisdiction-specific law, and ambitious goals. Those include internationalization, compatibility, licensing of database rights in Europe and elsewhere, and anticipating future impediments to sharing that take the form of paracopyrights, such as technical protection measures and other copyright-like rights.

The issue of internationalization alone benefitted greatly from multiple efforts: a law firm with international reach provided detailed research on license formalities under both common law and civil law copyright systems; database experts within our affiliate network responded to our inquiries on the details of licensing sui generis database rights in a way that would not have adversely impacted people in countries where those rights do not exist; and a law firm with offices in Asia and Europe provided detailed research on effective technological measures around the world.

The support CC receives in the form of pro bono services extends deep within the organization itself in equally important but less visible ways. This includes the legal expertise required to maintain a strong, compliant tax-exempt organization, upkeep and outreach involving our current licenses and public domain tools, working with affiliated organizations in more than 70 countries, and supporting intricate policy work that consistently pushes the envelope on public domain policy, education and open access initiatives, and science and data, to name just a few.

Here at Creative Commons, we find ourselves in the privileged and fortunate position of working daily with an impressive array of legal experts around the globe who lend insights, legal acumen, and depth of perspective to every dimension of our legal work. This effort and dedication in the aggregate makes our vision and reach possible, and our legal products among the most trusted, respected and robust of any offered. More amazingly still, the large majority of these experts provide assistance free of charge.

We count many among this amazing group:

We extend our sincerest gratitude to all of those — both current and past — who have provided Creative Commons with volunteer legal assistance. As a direct consequence of this assistance, CC as well as our community of affiliates and adopters are all in the strongest position possible to maximize digital creativity, sharing, and innovation.

The post A Global, Pro Bono Week Tribute appeared first on Creative Commons.

]]>
https://creativecommons.org/2012/10/22/a-global-pro-bono-week-tribute/feed/ 2 34478
Internet Brands and Wikimedia: BY-SA Withstands Scrutiny https://creativecommons.org/2012/09/19/internet-brands-and-wikimedia-by-sa-withstands-scrutiny/ https://creativecommons.org/2012/09/19/internet-brands-and-wikimedia-by-sa-withstands-scrutiny/#comments Wed, 19 Sep 2012 16:28:49 +0000 https://creativecommons.org/?p=34137 Yelabuga Medieval Tower / Ерней / Public Domain, via Wikimedia Commons Every day, millions of people rely on CC licenses for all manner of sharing, from merely redistributing recordings or using images found on Flickr in presentations, to leveraging massive collaborative works developed on wikis in educational settings. All of this normally happens very quietly … Read More "Internet Brands and Wikimedia: BY-SA Withstands Scrutiny"

The post Internet Brands and Wikimedia: BY-SA Withstands Scrutiny appeared first on Creative Commons.

]]>
Yelabuga Medieval Tower
Yelabuga Medieval Tower / Ерней / Public Domain, via Wikimedia Commons

Every day, millions of people rely on CC licenses for all manner of sharing, from merely redistributing recordings or using images found on Flickr in presentations, to leveraging massive collaborative works developed on wikis in educational settings. All of this normally happens very quietly and without fuss or exception, so long as simple license conditions are respected and those involved have no other reason for complaint. But the exceptional (rare, that is) conflict proves the simple rule that CC licenses operate as designed and as advertised: disregard the license conditions and copyright is at issue; follow the conditions and copyright is not.

As an example of the former, almost exactly a year ago we announced that the Creative Commons Attribution ShareAlike (BY-SA) license had been successfully enforced in a case in Germany. There, a far-right political party had used a photo under BY-SA without providing proper attribution to the author and other information required by the license. The photographer sued to enforce the license, and the district court of Berlin agreed and issued an injunction against the user.

As an example of the latter, members of the Wikitravel community (together with many who left long ago to found Wikivoyage) recently announced plans to migrate to a new travel project hosted by the Wikimedia Foundation (meaning a new sibling project alongside Wiktionary, Wikibooks, Wikisource, Wikipedia and others). All of these sites use BY-SA, which enables the reuse of content among those sites even when conflicts arise or differences of opinion exist about website administration or community management, for example. Indeed, BY-SA was designed precisely to enable this kind of reuse and repurposing of content. In this particular instance, Internet Brands, which currently runs WikiTravel, sued (PDF) two Wikitravel volunteers for trademark infringement, unfair business practices and conspiracy, and seeks a court order enjoining them generally from doing anything that misleads the public into believing the new website is affiliated with Wikitravel, among other things.

Wikimedia Foundation decided to support those volunteers (who are also Wikimedia volunteers) in their legal defense, and in its blog post explained that it did not think it appropriate for Internet Brands to attempt to intimidate the volunteers from communicating freely on their dissatisfaction with IB’s management of the Wikitravel community. As a result, Wikimedia Foundation filed a separate request for declaratory judgment (PDF) seeking a declaration that, “under the terms of the CC License, [Internet Brands] may not restrict the use, reproduction, sale, or modification of content on the Wikitravel website in any manner other than requiring attribution to the creator of the content and that the content be maintained under the same licensing terms”. In addition, the Foundation argues that “[Internet Brands] has no lawful right, title or interest under the CC License to prevent use of such content created by volunteer users and administrators on the Wikitravel website”.

A few claims in the dispute provide the opportunity to highlight some important features of BY-SA and the other CC licenses. First, all CC 3.0 licenses contain mechanisms that protect licensors wanting to distance themselves from the projects and individuals reusing the CC-licensed content in ways allowed by the license, for any reason whatsoever. Our licenses contain a “no endorsement, no sponsorship” clause that prohibits users from implicitly or explicitly asserting or implying “any connection with, sponsorship or endorsement by” the author, the licensor or others to whom attribution is being provided, either for the licensee herself or the work as reused. Additionally, anyone modifying content (when allowed by the license, as BY-SA does) must clearly label or identify that changes have been made, thereby ensuring modifications are not wrongly associated with the original author. Finally, where the original author or licensor wants to completely disassociate themselves from particular reuses, they have the right to request that all attribution and mention of them be removed, and those reusing the work must do so to the extent practicable. These mechanisms provide effective tools for those concerned about being affiliated with permitted reuses of their works.

Second, an assertion in the dispute relates to whether proper attribution has been provided. While the factual underpinnings of this claim are not provided in the court filings and it does not appear the content is question is being used at this time, it’s worth mention that Creative Commons tools provide a sophisticated yet flexible method for reusers to provide proper attribution. All CC licenses permit attribution to be provided in a manner “reasonable to the medium or means” used by the licensee, and for credit to be provided in a “reasonable manner.” This flexibility facilitates compliance by licensees – minimizing the risk that overly onerous and inflexible attribution requirements are simply disregarded as being too difficult – while at the same ensuring that credit is still provided. This makes it easy for reusers to “do the right thing.”

Whatever the decision the court makes regarding the other claims by Internet Brands against the Wikitravel volunteers, it is clear that under the terms of BY-SA, the Wikitravel content can and should be used on other websites, so long as the users comply with the requirements of the license.

The post Internet Brands and Wikimedia: BY-SA Withstands Scrutiny appeared first on Creative Commons.

]]>
https://creativecommons.org/2012/09/19/internet-brands-and-wikimedia-by-sa-withstands-scrutiny/feed/ 4 34137