Legal Risks and Responsibilities: Using Creative Commons: Tout Savoir sur les Licences Libres de Droits Properly
Creative Commons licences have revolutionised how we share and use creative content in the digital age. They provide a flexible framework that enables creators to retain specific rights while allowing others to use their work under certain conditions. Understanding these licences is essential for anyone who wants to legally use, share, or build upon creative works online. This article explores the legal aspects, responsibilities, and potential risks associated with Creative Commons licences to help you navigate this important area of modern copyright law.
Understanding creative commons licences
Creative Commons (CC) is a non-profit organisation that developed a set of copyright licences designed to create a balance between the traditional 'all rights reserved' model and the unrestricted public domain. These licences enable creators to grant permission for others to use their work while maintaining certain rights. Unlike traditional copyright, which restricts nearly all uses without explicit permission, CC licences provide a standardised way for creators to grant permission in advance, fostering a culture of sharing and collaboration.
The different types of creative commons licences
Creative Commons offers six main licence types, each providing different levels of freedom and restrictions. The most permissive is CC BY, which allows any use of the material, including commercial purposes, as long as proper attribution is given to the original creator. For those who want to ensure derivative works remain accessible to others, the CC BY-SA (Share Alike) licence requires that adaptations be shared under the same terms. The CC BY-NC restricts usage to non-commercial purposes only, while still requiring attribution. Combining these conditions gives us CC BY-NC-SA, which allows non-commercial use with attribution and requires adaptations to be shared under identical terms. For creators who want to prevent modifications, CC BY-ND permits distribution of unchanged copies only, and CC BY-NC-ND combines this with the non-commercial restriction. Additionally, CC offers CC0, a tool that allows creators to waive all copyright and related rights, effectively placing works in the public domain.
Rights retained by original creators
When applying a Creative Commons licence, creators still maintain their copyright. They simply choose to exercise their rights in a way that permits certain uses by others. It's crucial to understand that once applied, CC licences are irrevocable—creators cannot later withdraw permission for uses already granted under the licence. This permanence provides security for users of CC-licensed content, ensuring that the works they incorporate into their projects won't suddenly become unavailable due to a change of heart by the original creator. However, creators retain the right to distribute their work under different terms or stop distributing it altogether, though this won't affect existing copies already shared under the CC licence.
Proper attribution and compliance
One of the most fundamental aspects of using Creative Commons works correctly is providing proper attribution. Nearly all CC licences (except CC0) require users to give appropriate credit to the original creator. Failure to do so constitutes a copyright violation, which could result in legal consequences. Proper attribution not only fulfils legal obligations but also respects the creator's contribution and helps others find the original work.
How to correctly credit creative commons works
When attributing Creative Commons works, you should include the title of the work, the name of the creator, the specific CC licence applied, and a link to where the original work can be found. Under version 4.0 of the licences, titles are not strictly required for attribution, but including them is still considered best practice. You must also indicate if you've made any modifications to the original work. The attribution should be reasonable according to the medium and means you're using. For example, attribution in a video might appear in the credits, while on a website it might be placed near the content or on a dedicated credits page. If the creator specifically requests a certain form of attribution, you should honour this request unless it's impractical.
Common compliance mistakes to avoid
Many users of Creative Commons content make unintentional mistakes that could constitute licence violations. A common error is failing to provide a link to the licence itself, which is required to inform others of the exact terms under which the work is shared. Another mistake is not clearly indicating which parts of a work are covered by the CC licence when only portions apply. Users sometimes also fail to note modifications they've made to the original work, which is required under version 4.0 licences. Additionally, some users incorrectly place restrictions on others' use of the material beyond what the original licence permits. It's worth noting that under version 4.0 licences, if you violate the terms, you have 30 days to correct the violation before your rights under the licence are permanently terminated.
Commercial vs non-commercial usage
The distinction between commercial and non-commercial use is crucial when working with Creative Commons content. Licences containing the NC (Non-Commercial) element prohibit using the work primarily for commercial advantage or monetary compensation. This restriction can significantly impact how and where you can use certain CC-licensed materials, particularly for businesses, entrepreneurs, and content creators who monetise their work.
Navigating licence restrictions for business use
For businesses and commercial entities, careful attention must be paid to licence types before incorporating CC-licensed content. Works under CC BY, CC BY-SA, and CC BY-ND can be used for commercial purposes, making them suitable for business websites, marketing materials, and products. However, content with the NC restriction cannot be used in these contexts without obtaining separate permission from the copyright holder. When selecting CC content for commercial projects, it's advisable to search specifically for works without the NC restriction. Many stock photo websites and content repositories allow filtering by licence type to simplify this process. Businesses should also consider whether they need to make adaptations to the work, as the ND (No Derivatives) restriction would prevent this.
Determining what constitutes commercial activity
The boundary between commercial and non-commercial use isn't always clear-cut. Generally, if the primary purpose is monetary gain or commercial advantage, it's considered commercial use. This includes obvious cases like selling products featuring the work or using it in advertisements. However, grey areas exist. For instance, using CC-NC content on a blog that generates minimal ad revenue might fall into a questionable territory. Similarly, educational or non-profit organisations that charge fees to cover costs may wonder if their use qualifies as commercial. Creative Commons itself doesn't provide precise definitions, acknowledging that these distinctions can be context-dependent. When in doubt, the safest approach is to either contact the creator for clarification or choose content with licences that explicitly permit commercial use.
Public domain and creative commons
The public domain comprises creative works that are not protected by intellectual property laws such as copyright. These works are freely available for anyone to use without restriction. While related to Creative Commons, the public domain represents a different legal status that's important to understand when working with creative content.
The distinction between public domain and cc licences
Creative Commons licences operate within the copyright system, allowing creators to grant certain permissions while retaining their copyright. In contrast, public domain works have either had their copyright expire, been dedicated to the public by their creators, or were never eligible for copyright protection in the first place. CC0 is the Creative Commons tool that enables creators to waive all copyright and related rights to their work, effectively placing it in the public domain. This is different from the six CC licences, which all maintain some level of copyright protection. The key distinction is that public domain works can be used for any purpose with absolutely no restrictions, while even the most permissive CC licence (CC BY) requires at minimum that users provide attribution to the original creator.
Legal protections when using public domain works
When using public domain works, you generally have complete freedom without risk of copyright infringement. However, there are still some legal considerations to be aware of. First, accurately determining whether a work is truly in the public domain can be challenging, as copyright terms vary by country and depend on factors such as when the work was created and the life span of the creator. Using a work incorrectly believed to be in the public domain could result in copyright infringement. Additionally, while the work itself may be free of copyright restrictions, how you use it could still implicate other laws. For example, using a public domain image of a person for commercial purposes might violate their right of publicity or privacy. Similarly, trademark law may restrict certain uses of public domain works if they contain or resemble registered trademarks. When working with public domain materials, particularly for commercial projects, it's advisable to verify their status and consider consulting legal expertise for significant undertakings.
