Creative Commons licenses have transformed how creative works are shared, remixed, and built upon across the internet. Since the first Creative Commons licenses were released in 2001, billions of works have been licensed under the CC framework, spanning everything from Wikipedia articles and Flickr photographs to MIT OpenCourseWare and NASA images. Understanding Creative Commons licenses is essential for anyone who creates, shares, or uses creative content online. PerspireIP helps creators choose the right CC license for their works and helps users understand their rights and obligations when using CC-licensed content.
What Are Creative Commons Licenses?
Creative Commons licenses are standardized, free copyright licenses that allow creators to grant specific permissions to the public while retaining certain rights. They operate on the principle of “some rights reserved” as opposed to traditional copyright’s “all rights reserved.” Each Creative Commons license is built from a combination of four license elements that specify the conditions under which others can use the work. CC licenses are designed to be machine-readable, human-readable, and legally enforceable in jurisdictions around the world. They are not a replacement for copyright but a tool for customizing how copyright permissions are granted.
The Four Creative Commons License Elements
- Attribution (BY): Users must give credit to the original creator, provide a link to the license, and indicate if changes were made. All CC licenses except CC0 require attribution.
- ShareAlike (SA): If users remix, transform, or build upon the material, they must distribute their contributions under the same license as the original.
- NonCommercial (NC): Users may not use the material for commercial purposes without additional permission from the creator.
- NoDerivatives (ND): Users may not remix, transform, or build upon the material, though they may distribute it unchanged.
The Six Standard Creative Commons Licenses
CC BY (Attribution)
The most permissive Creative Commons license, CC BY allows others to distribute, remix, adapt, and build upon the work, even commercially, as long as they credit the creator. This is the license used by most academic journals participating in open access publishing and is recommended by Creative Commons for maximum dissemination and use of licensed materials. Wikipedia content is licensed under CC BY-SA.
CC BY-SA (Attribution-ShareAlike)
CC BY-SA allows others to distribute, remix, adapt, and build upon the work, even commercially, but requires that derivative works be distributed under the same license. This copyleft approach ensures that the creative commons grows and expands. Wikipedia uses CC BY-SA for its text content.
CC BY-ND (Attribution-NoDerivatives)
CC BY-ND allows redistribution, commercial and non-commercial, as long as the work is passed along unchanged and with credit. No derivative works are permitted. This is appropriate for creators who want their work distributed widely but want control over how it is modified and presented.
CC BY-NC (Attribution-NonCommercial)
CC BY-NC allows others to remix, adapt, and build upon the work non-commercially. Although derivatives must also credit the creator, they do not have to be licensed under the same terms. Commercial use requires separate permission from the creator.
CC BY-NC-SA (Attribution-NonCommercial-ShareAlike)
CC BY-NC-SA allows others to remix, adapt, and build upon the work non-commercially, as long as they credit the creator and license their new creations under identical terms. This is the license used by the Khan Academy for its educational content.
CC BY-NC-ND (Attribution-NonCommercial-NoDerivatives)
The most restrictive Creative Commons license other than CC0, CC BY-NC-ND allows others to download and share the work with attribution, but it cannot be changed or used commercially. This is often used by journalists and photographers who want their work shared but not altered or exploited commercially.
CC0: The Public Domain Dedication
CC0 is not a license but a public domain dedication tool. It allows creators to waive all copyright interests in their work to the fullest extent permitted by law, effectively placing the work in the public domain. Works released under CC0 can be used for any purpose, including commercial use, modification, and distribution, without attribution or other conditions. CC0 is widely used by institutions that want to maximize the utility of their data, such as the Metropolitan Museum of Art and many government agencies.
What Counts as Commercial Use?
The NonCommercial element is one of the most debated aspects of Creative Commons licenses because the line between commercial and non-commercial use is not always clear. Creative Commons defines commercial use as use primarily intended for commercial advantage or monetary compensation. Selling a product that incorporates CC NC content is clearly commercial. Using CC NC content in a nonprofit educational blog is clearly non-commercial. Gray areas include using CC NC content in advertising, on websites that display ads, in organizational reports, or in crowdfunded projects. When in doubt, seek permission from the creator or use a more permissively licensed alternative.
Attribution Best Practices
Proper attribution is required under all Creative Commons licenses except CC0. The TASL acronym provides a useful guide: Title (name of the work), Author (name of the creator), Source (URL where the work was found), and License (the specific CC license with a link to its terms). Attribution should be placed in a reasonably prominent location near where the CC-licensed work appears. While the format of attribution is flexible, it must be sufficient to allow users to understand who created the work and under what terms it is licensed.
Common Mistakes When Using CC Content
- Using NC-licensed content in commercial contexts without additional permission
- Failing to include proper attribution to the original creator
- Distributing derivatives of ND-licensed works
- Distributing derivatives of SA-licensed works under incompatible license terms
- Assuming all CC-licensed content is free from other legal restrictions, such as trademark rights or privacy rights of depicted persons
- Using CC-licensed content after the license was revoked or the work’s status changed
Conclusion
Creative Commons licenses provide a flexible and widely adopted framework for sharing creative works while maintaining certain rights. Understanding which Creative Commons license applies to a work you want to use, and what conditions it imposes, is essential for legal compliance. For creators choosing a license for their own works, selecting the right CC license requires careful thought about your goals for the work’s distribution and use. PerspireIP helps creators and businesses navigate Creative Commons licensing questions as part of their broader copyright strategy.