Frequently Asked Questions

Wed Aug 29 23:24:20 BST 2018

About CC

（注;點選問題，答案自動彈）

What is Creative Commons and what do you do?

Is Creative Commons against copyright?

What does "Some Rights Reserved" mean?

Can Creative Commons give legal advice about its licenses or other tools, or help with CC license enforcement?

Does Creative Commons collect or track material licensed under a CC license?

What do the Creative Commons buttons do?

May I use the Creative Commons logo and buttons?

I love Creative Commons. How can I help?

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

General License Information

What are Creative Commons licenses?

How do CC licenses operate?

Which is the latest version of the licenses offered by Creative Commons?

Do Creative Commons licenses affect exceptions and limitations to copyright, such as fair dealing and fair use?

Who gives permission to use material offered under Creative Commons licenses?

Are Creative Commons licenses enforceable in a court of law?

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Can governments and intergovernmental organizations ("IGOs") use CC licenses?

Can children apply Creative Commons licenses to work they create?

What are the official translations of the CC licenses and CC0?

What is a BY-SA Compatible License?

For Licensors

Choosing a license

What things should I think about before I apply a Creative Commons license?

How should I decide which license to choose?

Why should I use the latest version of the Creative Commons licenses?

What if CC licenses have not been ported to my jurisdiction?

Should I choose an international license or a ported license?

Why should I use the license chooser? What if I don’t?

How do I apply a Creative Commons license to my material?

Do I need to register with Creative Commons before I obtain a license?

What do the terms and conditions of a CC license apply to?

Can I apply a Creative Commons license to software?

Can I apply a Creative Commons license to databases?

Could I use a CC license to share my logo or trademark?

May I apply a Creative Commons license to a work in the public domain?

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

May I apply a CC license to my work if it incorporates material used under fair use or another exception or limitation to copyright?

Rights other than copyright

Can I use CC licenses to license rights other than copyright?

How do Creative Commons licenses affect my moral rights, if at all?

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

How are publicity, privacy, and personality rights affected when I apply a CC license?

Business models

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

Can I use a Creative Commons license if I am a member of a collecting society?

Can I still make money from a work I make available under a Creative Commons license?

Alterations and additions to the license

Can I insist on the exact placement of the attribution credit?

Can I change the license terms or conditions?

Can I waive license terms or conditions?

Can I enter into separate or supplemental agreements with users of my work?

After licensing

What happens if I offer my material under a Creative Commons license and someone misuses them?

What can I do if I offer my material under a Creative Commons license and I do not like the way someone uses it?

What do I do if someone tries to place effective technological measures (such as DRM) on my CC-licensed material?

When I release my work under a CC license in one format (e.g., .pdf), can I restrict licensees from changing it to or using it in other formats?

What if I change my mind about using a CC license?

For Licensees

Before using CC-licensed material

What should I think about before using material offered under a Creative Commons license?

Does a Creative Commons license give me all the rights I need to use the work?

What if there are sui generis database rights that apply to my use of a CC-licensed database?

Where can I find material offered under a CC license?

Are Creative Commons works really free to use?

What should I know about differences between the international licenses and the ported licenses?

General license compliance

What happens if I want to use the material in a way that is not permitted by the license?

Do I always have to comply with the license terms? If not, what are the exceptions?

Attribution

How do I properly attribute material offered under a Creative Commons license?

Do I need to be aware of anything else when providing attribution?

Do I always have to attribute the creator of the licensed material?

Using licensed material

Does my use violate the NonCommercial clause of the licenses?

Can I take a CC-licensed work and use it in a different format?

How do I know if a low-resolution photo and a high-resolution photo are the same work?

Can I reuse an excerpt of a larger work that is licensed with the NoDerivs restriction?

Can I use effective technological measures (such as DRM) when I share CC-licensed material?

Can I share CC-licensed material on password-protected sites?

Can I share CC-licensed material on file-sharing networks?

Additional restrictions on licensed material

What if I received CC-licensed material encumbered with effective technological measures (such as DRM)?

What if I have received CC-licensed material with additional restrictions?

Combining and adapting CC material

When is my use considered an adaptation?

Can I combine material under different Creative Commons licenses in my work?

If I derive or adapt material offered under a Creative Commons license, which CC license(s) can I use?

If I create a collection that includes a work offered under a CC license, which license(s) may I choose for the collection?

License termination

When do Creative Commons licenses expire?

What happens if the author decides to revoke the CC license to material I am using?

How can I lose my rights under a Creative Commons license? If that happens, how do I get them back?

Technical Questions

How do Creative Commons licenses and public domain tools work technically?

What does it mean that Creative Commons licenses are "machine-readable"?

What is RDFa?

What is CC REL and why does Creative Commons recommend it?

What does it mean for a search engine to be CC-enabled?

How do I give users of my site the option to use CC licensing like Flickr does?

How can I change or remove the Creative Commons search option built into the Firefox browser?

Is Creative Commons involved in digital rights management (DRM)?

Legal Background

What is copyright and why does it matter?

What is the public domain?

What do I need to do to get a copyright?

What is an adaptation?

What are moral rights?

What are neighboring rights?

What are sui generis database rights?

What are collecting societies?

What are publicity, personality, and privacy rights?

Data

Frequently asked questions about data and CC licenses

Can databases be released under CC licenses?

When a CC license is applied to a database, what is being licensed?

How do I apply a CC legal tool to a database?

How do the different CC license elements operate for a CC-licensed database?

Can I conduct text/data mining on a CC-licensed database?

How does the treatment of sui generis database rights vary in prior versions of CC licenses?

What is the difference between the Open Data Commons licenses and the CC 4.0 licenses?

Frequently asked questions about data, generally

Which components of databases are protected by copyright?

How do I know whether a particular use of a database is restricted by copyright?

If my use of a database is restricted by copyright, how do I comply with the license?

Which components of a database are protected by sui generis database rights?

How do I know whether a particular use of a database is restricted by sui generis database rights?

What constitutes a “substantial portion” of a database?

If my use of a database is restricted by sui generis database rights, how do I comply with the license?

Notes

These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information.

Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.

"Licensor", "rights holder", "owner", and "creator" may be used interchangeably to refer to the person or entity applying a CC license.

Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.

Have a question that isn't answered here? Contact [email protected]

Creative Commons does not provide legal advice. This FAQ is for informational purposes and is not a substitute for legal advice. It may not cover important issues that affect you. You should consult with your own lawyer if you have questions.

About CC

 

What is Creative Commons and what do you do?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.

Although Creative Commons is best known for its licenses, our work extends beyond just providing copyright licenses. CC offers other legal and technical tools that also facilitate sharing and discovery of creative works, such as CC0, a public domain dedication for rights holders who wish to put their work into the public domain before the expiration of copyright, and the Public Domain Mark, a tool for marking a work that is in the worldwide public domain. Creative Commons licenses and tools were designed specifically to work with the web, which makes content that is offered under their terms easy to search for, discover, and use.

For more information about CC, our main website contains in-depth information about the organization, its staff and board of directors, its history, and its supporters. You can also read CC case studies to learn about some of the inspiring ways CC licenses and tools have been used to share works and support innovative business models. You can find regularly updated information about CC by visiting the blog.

Is Creative Commons against copyright?

Absolutely not. CC has responded to claims to the contrary. CC licenses are copyright licenses, and depend on the existence of copyright to work. CC licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. Those who want to make their work available to the public for limited kinds of uses while preserving their copyright may want to consider using CC licenses. Others who want to reserve all of their rights under copyright law should not use CC licenses.

That said, Creative Commons recognizes the need for change in copyright law, and many members of the Creative Commons community are active participants in the copyright reform movement. For more information, see our statement in support of copyright reform.

What does "Some Rights Reserved" mean?

Copyright grants to creators a bundle of exclusive rights over their creative works, which generally include, at a minimum, the right to reproduce, distribute, display, and make adaptations. The phrase "All Rights Reserved" is often used by owners to indicate that they reserve all of the rights granted to them under the law. When copyright expires, the work enters the public domain, and the rights holder can no longer stop others from engaging in those activities under copyright, with the exception of moral rights reserved to creators in some jurisdictions. Creative Commons licenses offer creators a spectrum of choices between retaining all rights and relinquishing all rights (public domain), an approach we call "Some Rights Reserved."

 

Can Creative Commons give legal advice about its licenses or other tools, or help with CC license enforcement?

No. Creative Commons is not a law firm and does not provide legal advice or legal services. CC is similar to a self-help service that offers free, form-based legal documents for others to use. These FAQ answers many of the most common questions. There is also specialized information available on the following pages:

Marking practices for creators

Marking practices for reusers

Data FAQ

Differences between CC license versions

Differences between jurisdiction ports of earlier license versions

Public domain mark FAQ

CC0 FAQ

While CC does provide this informational guidance about its licenses and other tools, this information may not apply to your particular situation, and should never be taken as legal advice.

If you're looking for legal advice about using CC licenses and other tools, we recommend contacting the Creative Commons affiliate in your jurisdiction. CC affiliates are highly connected to the communities of copyright lawyers in their countries. We also offer a list of lawyers and organizations who have identified themselves as willing to provide information to others about CC licensing issues. However, please note that CC does not provide referral services, and does not endorse or recommend any person on that list.

 

 

Does Creative Commons collect or track material licensed under a CC license?

No, CC does not collect content or track licensed material. However, CC builds technical tools that help the public search for and use works licensed under our licenses and other legal tools, and many others have built such tools as well. CC Search is one tool developed by CC to help the public discover works offered under Creative Commons licenses on the internet via CC-aware search engines and repositories.

 

What do the Creative Commons buttons do?

The CC buttons are a shorthand way to convey the basic permissions associated with material offered under CC licenses. Creators and owners who apply CC licenses to their material can download and apply those buttons to communicate to users the permissions granted in advance. When the material is offered online, the buttons should usually link out to the human-readable license deeds (which, in turn, link to the license itself).

 

May I use the Creative Commons logo and buttons?

You may download high resolution versions of the Creative Commons logos and use them in connection with your work or your website, provided you comply with our policies. Among other things, if you use the logos on a website or on your work, you may not alter the logos in any respect—such as by changing the font, the proportions, or the colors. CC's buttons, name, and corporate logo (the “CC” in a circle) are trademarks of Creative Commons. You cannot use them in ways not permitted by our policies unless you first receive express, written permission. This means, for example, that you cannot (without our permission) print your own buttons and t-shirts using CC logos, although you can purchase them in CC’s store.

 

I love Creative Commons. How can I help?

Please support CC by making a donation through our support page. Donations can be handled through PayPal or by credit card. You can also support CC by visiting our store.

CC always welcomes your feedback, which you can provide by emailing [email protected] You can also participate in CC's email discussion lists and share feedback and ideas in one of those forums.

If you are a software developer, sysadmin, or have other technical expertise, please join our developer community and help build the tools that build the commons.

Finally, one of the best ways to support CC is by supporting our causes yourself. Follow our blog to find out about current issues where you can help get involved and spread the word, and advocate for free and open licensing in your own communities.

 

Why does Creative Commons run an annual fundraising campaign? What is the money used for and where does it go?

Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through free legal tools, with affiliates all over the world who help ensure our licenses work internationally and raise awareness about our work. Our tools are free, and our reach is wide.

In order to...

continue developing our licenses and public domain tools to make sure they are legally and technically up-to-date around the world,

help creators implement these tools on websites through best practices and individual assistance,

enable CC licensing on major content-sharing platforms,

enhance CC-licensed resource search and discovery,

advocate for CC licensing and open policies in education, science, and culture, and

myriad other activities we're forgetting to mention, such as all the everyday boring but essential operations that go into running an organization

...we need $ to make it all happen! For more information, please take a look at our Annual Report.

Creative Commons has always relied on the generosity of both individuals and organizations to fund its ongoing operations. It is essential we have the public's support because it is the creators and users of CC material who make our tools relevant in this digital age. They depend on the tools and services CC provides through their reuse and remix of the rich, open resources available on Wikipedia, Flickr, SoundCloud, Vimeo, ‎Europeana, MIT OpenCourseWare, the Library of Science, Al Jazeera, and YouTube—just to name a few. Many of these people donate $10, $25, or $50 to CC, to help keep it up and running so we can continue to provide our tools and services for free, as a nonprofit organization. The more people who donate to CC, the more independent it will remain.

General License Information

 

What are Creative Commons licenses?

Creative Commons licenses provide an easy way to manage the copyright terms that attach automatically to all creative material under copyright. Our licenses allow that material to be shared and reused under terms that are flexible and legally sound. Creative Commons offers a core suite of six copyright licenses. Because there is no single "Creative Commons license," it is important to identify which of the six licenses you are applying to your material, which of the six licenses has been applied to material that you intend to use, and in both cases the specific version.

All of our licenses require that users provide attribution (BY) to the creator when the material is used and shared. Some licensors choose the BY license, which requires attribution to the creator as the only condition to reuse of the material. The other five licenses combine BY with one or more of three additional license elements: NonCommercial (NC), which prohibits commercial use of the material; NoDerivatives (ND), which prohibits the sharing of adaptations of the material; and ShareAlike (SA), which requires adaptations of the material be released under the same license.

CC licenses may be applied to any type of work, including educational resources, music, photographs, databases, government and public sector information, and many other types of material. The only categories of works for which CC does not recommend its licenses are computer software and hardware. You should also not apply Creative Commons licenses to works that are no longer protected by copyright or are otherwise in the public domain. Instead, for those works in the worldwide public domain, we recommend that you mark them with the Public Domain Mark.

How do CC licenses operate?

CC licenses are operative only when applied to material in which a copyright exists, and even then only when a particular use would otherwise not be permitted by copyright. Note that the latest version of CC licenses also applies to rights similar to copyright, such as neighboring rights and sui generis database rights. Learn more about the scope of the licenses. This means that CC license terms and conditions are not triggered by uses permitted under any applicable exceptions and limitations to copyright, nor do license terms and conditions apply to elements of a licensed work that are in the public domain. This also means that CC licenses do not contractually impose restrictions on uses of a work where there is no underlying copyright. This feature (and others) distinguish CC licenses from some other open licenses like the ODbL and ODC-BY, both of which are intended to impose contractual conditions and restrictions on the reuse of databases in jurisdictions where there is no underlying copyright or sui generis database right.

All CC licenses are non-exclusive: creators and owners can enter into additional, different licensing arrangements for the same material at any time (often referred to as “dual-licensing” or “multi-licensing”). However, CC licenses are not revocable once granted unless there has been a breach, and even then the license is terminated only for the breaching licensee.

There are also videos and comics that offer visual descriptions of how CC licenses work.

Which is the latest version of the licenses offered by Creative Commons?

In November 2013, Creative Commons published the version 4.0 license suite. These licenses are the most up-to-date licenses offered by CC, and are recommended over all prior versions. You can see how the licenses have been improved over time on the license versions page. 4.0 has been drafted to be internationally valid, and will have official translations becoming available after publication.

 

Do Creative Commons licenses affect exceptions and limitations to copyright, such as fair dealing and fair use?

No. By design, CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions. This is a fundamental principle of CC licensing.

Who gives permission to use material offered under Creative Commons licenses?

Our licenses and legal tools are intended for use by anyone who holds copyright in the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does not require that creators or other rights holders register with CC in order to apply a CC license to a work. This means that CC does not have special knowledge of who uses the licenses and for what purposes, nor does CC have a way to contact creators beyond means generally available to the public. CC has no authority to grant permission on behalf of those persons, nor does CC manage those rights on behalf of others.

If you would like to obtain additional permissions to use the work beyond those granted by the license that has been applied, or if you’re not sure if your intended use is permitted by the license, you should contact the rights holder.

 

Are Creative Commons licenses enforceable in a court of law?

Creative Commons licenses are drafted to be enforceable around the world, and have been enforced in court in various jurisdictions. To CC's knowledge, the licenses have never been held unenforceable or invalid.

CC licenses contain a “severability” clause. This allows a court to eliminate any provision determined to be unenforceable, and enforce the remaining provisions of the license.

What happens if someone applies a Creative Commons license to my work without my knowledge or authorization?

CC alerts prospective licensors they need to have all necessary rights before applying a CC license to a work. If that is not the case and someone has marked your work with a CC license without your authorization, you should contact that person and tell them to remove the license from your work. You may also wish to contact a lawyer. Creative Commons is not a law firm and cannot represent you or give you legal advice, but there are lawyers who have identified themselves as interested in representing people in CC-related matters.

 

What are the international (“unported”) Creative Commons licenses, and why does CC offer “ported” licenses?

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone anywhere in the world can share their work on globally standard terms. To this end, CC offers a core suite of six international copyright licenses (formerly called the "unported") that are drafted based largely on various international treaties governing copyright, taking into account as many jurisdiction-specific legal issues as possible. The latest version (4.0) has been drafted with particular attention to the needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions of its six core licenses for many jurisdictions (which usually correspond to countries, but not always). These ported licenses are based on the international license suite but have been modified to reflect local nuances in the expression of legal terms and conditions, drafting protocols, and language. The ported licenses and the international licenses are all intended to be legally effective everywhere. CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite explained on the license versions page unless there are particular considerations you are aware of that would require a ported license.

Can I include a work licensed with CC BY in a Wikipedia article even though they use a CC BY-SA license?

Yes. Works licensed under CC BY may be incorporated into works that are licensed under CC BY-SA. For example, you may incorporate a CC BY photograph into a Wikipedia article so long as you keep all copyright notices intact, provide proper attribution, and otherwise comply with the terms of CC BY. Learn more about the licenses.

 

Can governments and intergovernmental organizations ("IGOs") use CC licenses?

Yes, anyone may use CC licenses for material they own, including governments and IGOs, and these institutions frequently use CC licenses on their copyrightable material. The reasons for doing so vary, and often include a desire to maximize the impact and utility of works for educational and informational purposes, and to enhance transparency.

Creative Commons licenses have desirable features that make them the preferred choice over custom licenses. CC licenses are standard and interoperable, which means material published by different creators using the same type of CC license can be translated, modified, compiled, and remixed without legal barriers depending on the particular license applied. Creative Commons licenses are also machine-readable, allowing CC-licensed works to be easily discovered via search engines such as Google. These features maximize distribution, reuse, and impact of works published by governments and IGOs.

Though we encourage anyone to use version 4.0, which is internationally valid and may be used by individuals as well as organizations, there is an IGO ported version of 3.0 that IGOs may also use. Read more about how governments and IGOs use and leverage CC licenses and legal tools, considerations for using our licenses, and how they operate in the IGO context.

 

Can children apply Creative Commons licenses to work they create?

This issue depends largely on the laws in place where the child lives. In the United States, children can be copyright holders and are entitled to license their works in the same manner as adults. However, they may have the right to disaffirm certain types of legal agreements, including licenses. In many parts of the United States, for example, children have the ability to disaffirm some types of agreements under certain circumstances once they reach the age where they are considered adults within the relevant jurisdiction. We are unaware of any attempt by a licensor to exercise the disaffirmation right with respect to a CC license applied to a work.

What are the official translations of the CC licenses and CC0?

Official language translations will be available for the 4.0 licenses and CC0. When you license your own work, you may use or link to the text of any available official translation. When you reuse CC-licensed material, you may comply with the license conditions by referring to any available official translation of the license. These translations are linguistic translations of the English version which adhere as closely as possible to the original text. These translations have been done by our affiliates in accordance with the Legal Code Translation Policy and with the oversight and detailed review of the CC legal team. Note that these are equivalents of the original English; these translations are not jurisdiction ported versions. You may find a list of all available translations here.

For versions 3.0 and earlier, official translations are not available. Some unofficial translations were made for informational purposes only. (Jurisdiction ported versions of version 3.0 and earlier were generally published in the official language(s) of the appropriate jurisdiction. However, the ported licenses are not equivalent to the international licenses, and do not serve as substitutable references for purposes of complying with the terms and conditions of the licenses.)

What is a BY-SA Compatible License?

A BY-SA Compatible License is a license officially designated by Creative Commons pursuant to the ShareAlike compatibility process. Once deemed a BY-SA Compatible License, you may use the license to publish your contributions to an adaptation of a BY-SA work. To see the list of BY-SA Compatible Licenses, click here. Learn more about ShareAlike compatibility here.

For Licensors

Choosing a license

 

What things should I think about before I apply a Creative Commons license?

Applying a Creative Commons license to your material is a serious decision. When you apply a CC license, you give permission to anyone to use your material for the full duration of applicable copyright and similar rights.

CC has identified some things that you should consider before you apply a CC license, some of which relate to your ability to apply a CC license at all. Here are some highlights:

Is the material copyrightable? If not, is it subject to neighboring rights or sui generis database rights? CC licenses do not apply to material in the public domain. Different countries have different standards for what is in the public domain.

Do you own the material you want to license? If not, are you otherwise authorized to license it under the specific CC license you are interested in using? You should not apply a license to material that you do not own or that you are not authorized to license.

Are you aware that CC licenses are not revocable? You are free to stop offering material under a CC license at any time, but this will not affect the rights associated with any copies of your work already in circulation. (Any particular licensee may lose his or her rights after violating the license, but this does not affect continual use of the work by other licensees.)

Are you a member of a collecting society? If you are, you should make sure that you are able to use CC licenses for your materials.

Always read the terms and conditions of the specific license you plan to apply. Additionally, there are several terms that may differ in the earlier versions of the license, both unported and ported. If you choose to use a pre-4.0 version or any ported version, clauses such as choice of law may affect your desired choice of license.

 

How should I decide which license to choose?

If you are unsure which license best suits your needs, there are plenty of resources to help rights holders choose the right CC license. CC Australia has developed a flow chart that may be useful in helping you settle on the right license for your work. Creative Commons has also compiled a list of examples that demonstrate how various licenses fit into licensors' overall strategies. You can also read case studies of others who are using CC licenses. The CC community can also respond to questions, and may have already addressed issues you raise. The CC community email discussion lists and discussion archives may be useful resources.

Finally, you may also want to consult with a lawyer to obtain advice on the best license for your needs.

 

Why should I use the latest version of the Creative Commons licenses?

The latest version of the Creative Commons licenses is version 4.0. You should always use the latest version of the Creative Commons licenses in order to take advantage of the many improvements described on the license versions page. In particular, 4.0 is meant to be better suited to international use, and use in many different contexts, including sharing data.

 

What if CC licenses have not been ported to my jurisdiction?

All CC licenses are intended to work worldwide. Unless you have a specific reason to use a ported license, we suggest you consider using one of the international licenses. 4.0 will support official translations of the international license for those who wish to use the licenses in another language.

As of version 4.0, CC is discouraging ported versions, and has placed a hold on new porting projects following its publication until sometime in 2014. At that point, CC will reevaluate the necessity of porting in the future.

Should I choose an international license or a ported license?

We recommend that you use a version 4.0 international license. This is the most up-to-date version of our licenses, drafted after broad consultation with our global network of affiliates, and it has been written to be internationally valid. There are currently no ports of 4.0, and it is planned that few, if any, will be created.

All of the ported licenses are at version 3.0 or earlier, which means licensors using those licenses do not have the benefit of the improvements made in the 4.0 license suite. But even before considering the improvements in 4.0, there are several reasons why the international licenses may be preferable for rights holders, even if the licenses have been ported to their jurisdiction. As an organization, CC itself licenses all of its own content under an international license because, among other reasons, the international licenses are essentially jurisdiction-neutral while remaining effective globally. The neutral nature of the international licenses appeals to many people and organizations, particularly for use in connection with global projects that transcend political borders. Finally, it is important to know that some of the ported licenses contain a choice of law provision, which may be undesirable for your needs.

However, some rights holders still choose a license ported to their local jurisdiction because they believe their needs are not sufficiently met by the international licenses. If the licenses have been ported to your jurisdiction and you feel that the ported licenses better account for some aspect of local legislation, then you may wish to consider a ported license.

You can use our jurisdiction database to compare international licenses and ports on these issues and others, such as whether a ported license contains a choice of law or forum selection clause.

Why should I use the license chooser? What if I don’t?

Licensors are not required to use the CC license chooser or provide any information about themselves or their material when applying a CC license to their material. However, using the license chooser enables licensors to take advantage of the "machine readable" layer of CC licenses. Our machine-readable code enhances the discoverability of your work because that code allows software, search engines, and other tools to recognize when something is licensed under a CC license. The code also facilitates attribution: when users click on the CC button placed on your site, they will be linked directly to HTML code that they can cut and paste to provide attribution.

 

How do I apply a Creative Commons license to my material?

For online material: Select the license that is appropriate for your material from the CC license chooser and then follow the instructions to include the HTML code. The code will automatically generate a license button and a statement that your material is licensed under a CC license. If you are only licensing part of a work (for example, if you have created a video under a CC license but are using a song under a different license), be sure to clearly mark which parts are under the CC license and which parts are not. The HTML code will also include metadata, which allows the material to be discovered via Creative Commons-enabled search engines.

For offline material: Identify which license you wish to apply to your work and either (a) mark your work with a statement such as, “This work is licensed under the Creative Commons [insert description] License. To view a copy of the license, visit [insert url]"; or (b) insert the applicable license buttons with the same statement and URL link.

For third-party platforms: Many media platforms like Flickr, YouTube, and SoundCloud have built-in Creative Commons capabilities, letting users mark their material with a CC license through their account settings. The benefit of using this functionality is that it allows other people to find your content when searching on those platforms for CC-licensed material. If the platform where you're uploading your content does not support CC licensing, you can still identify your content as CC-licensed in the text description of your content.

Legally, these three options are the same. The only difference between applying a CC license offline rather than online is that marking a work online with metadata will ensure that users will be able to find it through CC-enabled search engines.

CC offers resources on the best practices for marking your material and on how to mark material in different media (.pdf).

 

Do I need to register with Creative Commons before I obtain a license?

No. CC offers its licenses, code, and tools to the public free of charge, without obligation. You do not need to register with Creative Commons to apply a CC license to your material; it is legally valid as soon as you apply it to any material you have the legal right to license.

CC does not require or provide any means for creators or other rights holders to register use of a CC license, nor does CC maintain a database of works distributed under Creative Commons licenses. CC also does not require registration of the work with a national copyright agency.

 

What do the terms and conditions of a CC license apply to?

Although CC licenses get attached to tangible works (such as photos and novels), the license terms and conditions apply to the licensor’s copyright in the licensed material. The public is granted “permission to exercise” those rights in any medium or format. It is the expression that is protected by copyright and covered by the licenses, not any particular medium or format in which the expression is manifested. This means, for example, that a CC license applied to a digitized copy of a novel grants the public permission under copyright to use a print version of the same novel on the same terms and conditions (though you may have to purchase the print version from a bookstore).

Can I apply a Creative Commons license to software?

We recommend against using Creative Commons licenses for software. Instead, we strongly encourage you to use one of the very good software licenses which are already available. We recommend considering licenses made available by the Free Software Foundation or listed as “open source” by the Open Source Initiative.

Unlike software-specific licenses, CC licenses do not contain specific terms about the distribution of source code, which is often important to ensuring the free reuse and modifiability of software. Many software licenses also address patent rights, which are important to software but may not be applicable to other copyrightable works. Additionally, our licenses are currently not compatible with the major software licenses, so it would be difficult to integrate CC-licensed work with other free software. Existing software licenses were designed specifically for use with software and offer a similar set of rights to the Creative Commons licenses.

Version 4.0 of CC's Attribution-ShareAlike (BY-SA) license is one-way compatible with the GNU General Public License version 3.0 (GPLv3). This compatibility mechanism is designed for situations in which content is integrated into software code in a way that makes it difficult or impossible to distinguish the two. There are special considerations required before using this compatibility mechanism. Read more about it here.

Also, the CC0 Public Domain Dedication is GPL-compatible and acceptable for software. For details, see the relevant CC0 FAQ entry.

While we recommend against using a CC license on software itself, CC licenses may be used for software documentation, as well as for separate artistic elements such as game art or music.

 

Can I apply a Creative Commons license to databases?

Yes. CC licenses can be used on databases. In the 4.0 license suite, applicable sui generis database rights are licensed under the same license conditions as copyright. Many governments and others use CC licenses for data and databases.

For more detailed information about how CC licenses apply to data and databases, visit our detailed Data FAQ.

Could I use a CC license to share my logo or trademark?

Creative Commons does not recommend using a CC license on a logo or trademark. While a logo or trademark can be covered by copyright laws in addition to trademark laws, the special purposes of trademarks make CC licenses an unsuitable mechanism for sharing them in most cases. Generally, logos and trademarks are used to identify the origin of a product or service, or to indicate that it meets a specific standard or quality. Allowing anyone to reuse or modify your logo or trademark as a matter of copyright could result in your inability to limit use of your logo or trademark selectively to accomplish those purposes. Applying a CC license to your trademarks and logos could even result in a loss of your trademark rights altogether. See below for more about how to license material that includes a trademark or logo.

There are other ways to share your logos and trademarks widely while preserving your trademark rights. Establishing a trademark policy that grants permissions in advance for limited uses is one common alternative. Mozilla, Wikimedia, and Creative Commons have each published policies that accomplish the dual objectives of encouraging reuse and preserving trademark rights.

 

May I apply a Creative Commons license to a work in the public domain?

CC licenses should not be applied to works in the worldwide public domain. All CC licenses are clear that they do not have the effect of placing restrictions on material that would otherwise be unrestricted, and you cannot remove a work from the public domain by applying a CC license to it. If you want to dedicate your own work to the public domain before the expiration of applicable copyright or similar rights, use CC's legally robust public domain dedication. If a work is already in the worldwide public domain, you should mark it with CC's Public Domain Mark.

Note that, in some cases, a work may be in the public domain under the copyright laws of some jurisdictions but not others. For example, U.S. government works are in the public domain under the copyright law of the United States, but may be protected by copyright laws in other jurisdictions. A CC license applied to such a work would be effective (and the license restrictions enforceable) in jurisdictions where copyright protection exists, but would not be operative if U.S. copyright law is determined to be the applicable law.

Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain. However, in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights. We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction.

 

If I take a photograph of another work that is in the public domain, can I apply a CC license to my photo?

That depends. You can apply a CC license to your photograph if your photograph constitutes a work of original authorship, a question that varies by jurisdiction. As a general matter, your photograph must involve some creative choices, such as background setting, lighting, angle, or other mark of creativity. In the United States, an exact photographic copy of a public domain work is not subject to copyright because there is no originality (even if there is effort or “sweat” exerted in its creation).

In practice, if your photograph is sufficiently creative to attract copyright protection, people will likely have to comply with the license conditions if they reproduce your entire photograph in verbatim form, absent some applicable exception or limitation such as fair use. However, they would not have to comply with the license conditions if they reproduce only those parts of the work in the public domain. This is because your copyright in the adaptation only extends to the material you contributed, not to the underlying work.

May I apply a CC license to my work if it incorporates material used under fair use or another exception or limitation to copyright?

Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here.

Rights other than copyright

Can I use CC licenses to license rights other than copyright?

CC licenses are copyright licenses, but the latest version of CC licenses also cover certain other rights similar to copyright, including performance, broadcast, and sound recording rights, as well as sui generis database rights. You may apply a 4.0 license to material subject to any of those rights, whether or not the material is also subject to copyright. Note that the scope of prior versions of CC licenses was more limited. You should refer to our license versions page for details.

How do Creative Commons licenses affect my moral rights, if at all?

As a general matter, all CC licenses preserve moral rights to the extent they exist (they do not exist everywhere), but allow uses of the work in ways contemplated by the license that might otherwise violate moral rights. If you apply a 4.0 license to your material, you agree to waive or not assert any moral rights you have, to the limited extent necessary to allow the public to exercise the licensed rights. This is designed to minimize the effect of moral rights on licensees’ ability to use the work, and ensure that the license works internationally as intended. The attribution requirement contained in all of our licenses is intended to satisfy the moral right of attribution, but it must be adhered to whether or not the applicable jurisdiction recognizes moral rights.

Earlier versions of the license are also intended to minimize the effect of moral rights on otherwise-permitted uses, but the language in the licenses differs. Additionally, jurisdiction ports of earlier versions of CC licenses often contain versions of the moral rights language designed to account for moral rights legislation in a particular jurisdiction. If you are applying a ported license to your work, you may wish to review the moral rights language in the particular license.

You can also compare how different jurisdictions have implemented this provision, or browse the license versions page to compare the treatment of this issue across the different versions of the CC licenses.

 

Can I offer material under a CC license that has my trademark on it without also licensing or affecting rights in the trademark?

Yes, you may offer material under a Creative Commons license that includes a trademark indicating the source of the work without affecting rights in the trademark, because trademark rights are not licensed by the CC licenses. However, applying the CC license may create an implied license to use the trademark in connection with the licensed material, although not in ways that require permission under trademark law. To avoid any uncertainty, Creative Commons recommends that licensors who wish to mark material with trademarks or other branding materials give notice to licensors expressly disclaiming application of the license to those elements. This can be done in the copyright notice, but could also be noted on the website where the work is published.

The following is an example notice:

“The text of and illustrations in this document are licensed by Red Hat under a Creative Commons Attribution–Share Alike 3.0 Unported license ("CC-BY-SA"). . . . Red Hat, Red Hat Enterprise Linux, the Shadowman logo, JBoss, MetaMatrix, Fedora, the Infinity Logo, and RHCE are trademarks of Red Hat, Inc., registered in the United States and other countries. For guidelines on the permitted uses of the Fedora trademarks, refer to https://fedoraproject.org/wiki/Legal:Trademark_guidelines.”

How are publicity, privacy, and personality rights affected when I apply a CC license?

When you apply the latest version (4.0) of a CC license to your material, you also agree to waive or not assert any publicity, privacy, or personality rights that you hold in the material you are licensing, to the limited extent necessary for others to exercise the licensed rights. For example, if you have licensed a photograph of yourself, you may not assert your right of privacy to have the photo removed from further distribution. (Under the 3.0 and earlier licenses, this is implied but not explicit.) If you do not wish to license these rights in this way, you should not apply a CC license to the material where this is a concern.

If there are any third parties who may have publicity, privacy, or personality rights that apply, those rights are not affected by your application of a CC license, and a reuser must seek permission for relevant uses. If you are aware of any such third party rights in the material you are licensing, we recommend marking the material to give notice to reusers.

Business models

 

Can I apply a CC license to low-resolution copies of a licensed work and reserve more rights in high-resolution copies?

You may license your copyright or distribute your work under more than one set of terms. For example, you may publish a photograph on your website, but only distribute high-resolution copies to people who have paid for access. This is a practice CC supports. However, if the low-resolution and high-resolution copies are the same work under applicable copyright law, permission under a CC license is not limited to a particular copy, and someone who receives a copy in high resolution may use it under the terms of the CC license applied to the low-resolution copy.

Note that, although CC strongly discourages the practice, CC cannot prevent licensors from attempting to impose restrictions through separate agreements on uses the license otherwise would allow. In that case, licensees may be contractually restricted from using the high-resolution copy, for example, even if the licensor has placed a CC license on the low-resolution copy.

Can I use a Creative Commons license if I am a member of a collecting society?

Creators and other rights holders may wish to check with their collecting society before applying a CC license to their material. Many rights holders who are members of a collecting society can waive the right to collect royalties for uses allowed under the license, but only to the extent their societies allow.

Collecting societies in several countries including Australia, Finland, France, Germany, Luxembourg, Norway, Spain, Taiwan, and the Netherlands take an assignment of rights from creators in present and future works and manage them, so that the societies effectively become the owner of these rights. (In France it is called a “mandate” of rights but has similar practical effect.) Creators in these jurisdictions who belong to collecting societies may not be able to license their material under CC licenses because the collecting societies own the necessary rights, not the creators. CC is working with several collecting societies and