- Basics of Copyright
- 1. WHERE... is the work used and which national law is applicable?
- 2. WHAT... is a protected work?
- 3. WHO... owns the copyright in the work?
- 4. WHICH... rights in the work are protected?
- 5. HOW... may other people use a work?
- 6. AND... responsibility and sanctions?
- 7. Copyright and social media
5b.1.2 What are the individual elements of Creative Commons licences?
BY - Attribution
This condition is contained in all Creative Commons licences.
If a CC work is passed on to third parties in original or edited form (e.g. sold or given away), licencees must at least provide attribution to the licencing author. It should be possible for everyone who has access to the redistributed work to find its author to obtain information about the licence conditions.
The specific requirements for attribution differ depend on the version of the CC licence (Overview: https://wiki.creativecommons.org/wiki/License_Versions#Detailed_attribution_comparison_chart)
The following must be named/noted:
- Principally all names or pseudonyms [Link zu 3.1] of the respective authors;
- The CC licence used and the link to the licence text;
- Copyright symbol [auf 2.1 verlinken]if supplied;
- Internet address or link to the location of the work if supplied;
- The title of the work if supplied;
- Information on “disclaimer of warranties” (guarantee waivers and liability waivers) if supplied;
- When the modified work is distributed, it must be noted that the work has been modified. Modification notices that have already been applied must be retained. This applies to all CC licences with the BY element (not only for CC licences with the SA element);
- Upon the request of the licensor, attribution must be removed where reasonable and possible (this applies for Version 4.0 CC licences; in older versions, this only applies if a collection that contains the work or a derivative version of the work is distributed).
At the very least – i.e. if there is no further information – a link must be placed to the location of the work where all this information can be found. (However, as links do not necessarily exist for the entire term of protection of the work, it is safer to note the information. (Cf. http://www.creativecommons.ch/wie-funktionierts/).
Example - Attribution for photographs:
Title: Star Trails - Lake Dumbelyung, Western Australia
Licence: CC BY-NC-ND 2.0 (https://creativecommons.org/licenses/by-nc-nd/2.0/)
Example - Attribution for music, here in a podcast:
CRE004 All types of sound waves: https://cre.fm/cre004-klangwellen-aller-art
1:30 Sonic Walker, Trick-Or-Mix
Example - Attribution for a modified work:
Further examples and best practices on attribution: https://wiki.creativecommons.org/wiki/Best_practices_for_attribution
CC licences with the BY element: all six CC licences contain the BY element
ND - No Derivatives
CC licences with the ND element (the equals symbol) only permit licencees to reproduce, to distribute, to make perceptible and available as to broadcast the CC work in an unmodified form. The right to edit is NOT licenced, i.e. derivative works (translations of a text, films on books, covers of songs, etc.) may not be distributed; otherwise, you infringe copyright and make yourself liable to prosecution.
Example of a CC-ND work: https://www.deviantart.com/art/The-deriving-city-160204463
2 CC licences with ND element:
NC - Non commercial
The rights to use granted in the CC licence may NOT be used commercially. There is a considerable debate on the exact meaning of “non-commercial”. It is clear that money may not be directly or indirectly earned from the use of the CC-NC work; e.g. selling copies of CC-NC works. According to widespread opinion, users may also not earn money indirectly, e.g. by uploading a CC-NC work to a blog which is financed with online advertising, or by playing CC-NC music at parties with entry fees. Indirect earning of money is particularly critical if the goal is to make a profit in this manner (e.g. through for-profit companies). It is less critical when non-profit organisations (e.g. public schools or charities) make money with CC-NC works because they are not trying to make a profit.
Finally, the exact definition of the term “non-commercial” is left up to judges to decide. If a user wishes to use CC-NC works commercially, they must request the corresponding licence/consent from the author.
Survey on understanding of the term “non-commercial”, cf.: https://wiki.creativecommons.org/wiki/Defining_Noncommercial
CC licences with NC element:
SA - Share Alike
CC licences with the SA element allow licencees to distribute derivative versions [ich glaube das Bearbeitungsrecht ist noch nicht auf der ccdl seite?doch unter 2.4, was eigentlich zu den Verwertungsrechten zählt] (such as translations, etc.) of the CC work , provided that the derivative version is distributed under the same CC licence. This means editing which is done on a CC-BY-SA licenced work may only be distributed under CC-BY-SA. Editing on CC-BY-NC-SA works only under CC-BY-NC-SA.
If derivative works are distributed, a modification notice must be attached (cf. BY).
CC licences with SA element: