License Versions - Revision history

CCID-mattl at 17:33, 4 January 2016

2016-01-04T17:33:24Z

CCID-diane peters: /* International License Development Process */

2014-08-05T06:22:57Z

‎International License Development Process

CCID-shinchpearson at 16:54, 16 December 2013

2013-12-16T16:54:42Z

CC Wiki Bot: Reverted edits by Chris Browne BrowneProject (talk) to last revision by Mike Linksvayer

2013-12-12T08:37:33Z

Reverted edits by Chris Browne BrowneProject (talk) to last revision by Mike Linksvayer

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Chris Browne BrowneProject at 08:35, 12 December 2013

2013-12-12T08:35:45Z

Chris Browne BrowneProject at 08:33, 12 December 2013

2013-12-12T08:33:33Z

Chris Browne BrowneProject at 08:29, 12 December 2013

2013-12-12T08:29:18Z

Chris Browne BrowneProject at 08:27, 12 December 2013

2013-12-12T08:27:38Z

Chris Browne BrowneProject at 08:25, 12 December 2013

2013-12-12T08:25:29Z

Chris Browne BrowneProject at 08:23, 12 December 2013

2013-12-12T08:23:47Z

← Older revision		Revision as of 17:33, 4 January 2016
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−	~~__NOTOC__~~
−
	This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current [[Version 4\|version 4.0]], published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the [[Frequently_Asked_Questions\|Frequently Asked Questions]] page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the [http://creativecommons.org/retiredlicenses retired legal tools page].		This page identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current [[Version 4\|version 4.0]], published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the [[Frequently_Asked_Questions\|Frequently Asked Questions]] page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the [http://creativecommons.org/retiredlicenses retired legal tools page].

@@ Line 62: / Line 62: @@
 Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.
-The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the [[CC_Attribution-ShareAlike_Intent|Statement of Intent for Attribution-ShareAlike licenses]] following the publication of 3.0, and a [[DRAFT ShareAlike Statement of Intent|continuation of that statement]] to be finalized following the publication of version 4.0.
+The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the [[CC_Attribution-ShareAlike_Intent|Statement of Intent for Attribution-ShareAlike licenses]] following the publication of 3.0.  After publication of 4.0, Creative Commons posted for public comment a [[DRAFT ShareAlike Statement of Intent|continuation of that statement]], but that has not been finalized for lack of demonstrated need or interest of the community.
 While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for [[Legal_Code_Translation_Policy|official translations of the 4.0 licenses as well as other legal tools]].

@@ Line 280: / Line 280: @@
 * [[#Exceptions_and_limitations_unaffected|Exceptions and limitations unaffected]]
 * [[#Effective_for_all_copyrightable_material|License effective for all copyrightable material]]
-* [[#Notice_of_warranty_disclaimers_must_be_retained|Notice of warranty disclaimers must be retained]]
+* [[#Notices_must_be_retained|Notices must be retained]]
 * [[#No_sublicensing|No sublicensing]]
 * [[#Synching_creates_adaptations|Synching creates adaptations]]
@@ Line 448: / Line 448: @@
 [[Data#Can_databases_be_released_under_CC_licenses.3F|Note that sui generis database rights (existing separately from any copyright) are not explicitly licensed in the international suite until version 4.0.]]
-====Notice of warranty disclaimers must be retained====
+====Notices must be retained====
-The CC licenses [[License_Versions#Detailed_attribution_comparison_chart|all require users to retain notices of disclaimers of warranties]] if supplied with the licensed material. Customized disclaimers never form part of the Creative Commons license, but may be offered.
+The CC licenses [[License_Versions#Detailed_attribution_comparison_chart|all require users to retain a copyright notice, a notice of the disclaimers of warranties, and a license notice]] if supplied with the licensed material.
 ====Synching creates adaptations====

← Older revision		Revision as of 08:35, 12 December 2013
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	==License Features==		==License Features==
−
−	~~===License scope (beyond copyright)===~~
−	~~<span id="Sui_generis_rights_in_databases"></span>~~
−	~~====Sui generis database rights ====~~
−
−	The 4.0 international suite licenses [[Data#Which_components_of_a_database_are_protected_by_sui_generis_database_rights.3F\|database rights]] along with copyright. Where the use of a database under a CC license [[Data#How_do_I_know_whether_a_particular_use_of_a_database_is_restricted_by_sui_generis_database_rights.3F\|implicates sui generis database rights]], whether or not copyright is implicated, that use is subject to the terms and conditions of the license. If sui generis rights are not implicated—for example, if the use is in a jurisdiction where these rights do not exist, or if the database is not protected by the laws of a jurisdiction where such rights exist— such uses are not regulated by the license if copyright or neighboring rights do not apply. A few early (2.0, 2.5) European jurisdiction license ports also licensed database rights subject to the terms and conditions of the license.
−
−	In 3.0, the international (unported) license suite does not mention sui generis rights. However, ported 3.0 licenses for jurisdictions where those rights exist address them according to [[Media:V3_Database_Rights.pdf\|CC's 3.0 database rights policy]]. Under this policy, version 3.0 EU jurisdiction ports must license sui generis rights subject to the terms and conditions of the license just like copyright and neighboring rights, but also must waive license restrictions and conditions (attribution, ShareAlike, etc) for uses triggering database rights—so that if the use of a database published under a CC license implicated only database rights but not copyright, the CC license requirements and prohibitions would not apply to that use. The license conditions and restrictions, however, continue to apply to all uses triggering copyright. Other ports and the 3.0 international license are silent on sui generis database rights: databases and data are licensed (i.e., subject to restrictions detailed in the license) to the extent copyrightable, and if data in the database or the database itself are not copyrightable the license restrictions do not apply to those parts (though they still apply to the remainder). Thus, regardless of the CC 3.0 license at play (unported, an EU port, another port), uses that implicate only database rights will not trigger the license conditions, while uses that implicate copyright will.
−
−	Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the [[Data#What_is_the_difference_between_the_Open_Data_Commons_licenses_and_the_CC_4.0_licenses.3F\|imposition of restrictions based on sui generis rights via contract]] where those rights are not enforceable or recognized. [[Jurisdiction_Database\|You may compare how different jurisdictions implemented this section of the license.]]
−
−	~~====Treatment of moral rights====~~
−	In version 4.0, [[Frequently_Asked_Questions#How_do_Creative_Commons_licenses_affect_my_moral_rights.2C_if_at_all.3F\|moral rights are waived to the limited extent necessary to exercise the licensed rights]].
−
−	While the existence and extent of moral rights differ by jurisdiction, the most consistently present rights are those of attribution and integrity (the right to prevent or halt the prejudicial use of one’s work by another). The 1.0, 2.0, and 2.5 licenses were drafted to conform to U.S. law, and because U.S. law recognizes moral rights in only very limited circumstances, the generic versions of those licenses suites do not address moral rights of authors.
−
−	The international licenses began to address moral rights in version 3.0. In version 4.0, [[4.0/Moral_rights\|moral rights are waived or not asserted]] to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.
−
−	In the 3.0 license suite, [[Version_3#International_Harmonization_.E2.80.93_Moral_Rights\|CC addressed moral rights in the international (unported) licenses]]. CC did not include a waiver of those rights in the international licenses. Instead, the licenses specifically instruct users that they “must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation.” The only exception is where the right to make adaptations would be considered prejudicial to the author's honor and reputation, in which case the licensor waives or agrees not to assert their moral right in order to allow adaptations to be made. The attribution requirement is designed in part to satisfy the right of attribution. In the porting process, some jurisdictions slightly adjusted this provision, with CC’s permission, to specify that moral rights are waived to the extent necessary to effect the license to the degree a waiver is possible under applicable law. [[Jurisdiction_Database\|You may compare how different jurisdictions implemented this section of the license]].
−
−	~~====Trademark and patent explicitly not licensed====~~
−	~~In the 4.0 licenses, trademark and patent rights are expressly mentioned as not among the rights licensed.~~
−
−	No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, [[Frequently_Asked_Questions#Can_I_place_a_trademark_on_a_work_and_offer_the_work_under_a_CC_license_without_also_licensing_or_otherwise_affecting_rights_in_the_trademark.3F_If_so.2C_how.3F\|implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license]].

	===Attribution and marking===		===Attribution and marking===

← Older revision		Revision as of 08:33, 12 December 2013
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	==License Features==		==License Features==
−
−	~~====Nomenclature (for international licenses)====~~
−	~~The 4.0 licenses are referred to as "international."~~
−
−	Version 3.0 licenses were referred to as "unported" licenses until 2010, at which point they were re-branded as the "international" licenses. At that point, CC added a global flag to the licenses and deeds and changed the reference in the Chooser (among other things). In the 1.0, 2.0, and 2.5 versions, the international licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. copyright law.
−
−	Starting with version 3.0, Creative Commons [[Version_3#Further_Internationalization\|drafted its core suite of licenses to conform to relevant international treaties and drafting conventions]]. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

	===License scope (beyond copyright)===		===License scope (beyond copyright)===

@@ Line 7: / Line 7: @@
 ==License Suite Versions==
 The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.
 ===Features remaining unchanged===

← Older revision		Revision as of 08:25, 12 December 2013
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	Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.		Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.
−
−	~~==International License Development Process==~~
−
−	Creative Commons develops, releases, and updates its public copyright licenses (and other legal tools) via an open and inclusive process of engagement with Creative Commons’ global network of attorneys and affiliates, as well as varied communities and constituents. The process culminates in the publication of the preferred, most up-to-date set of CC licenses for use around the world. Creative Commons released its latest version of the licenses in November 2013, the 4.0 international licenses.
−
−	The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the [[CC_Attribution-ShareAlike_Intent\|Statement of Intent for Attribution-ShareAlike licenses]] following the publication of 3.0, and a [[DRAFT ShareAlike Statement of Intent\|continuation of that statement]] to be finalized following the publication of version 4.0.
−
−	While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for [[Legal_Code_Translation_Policy\|official translations of the 4.0 licenses as well as other legal tools]].
−
−	Prior to version 4.0, Creative Commons granted permission to legal experts around the world to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions, and to translate the licenses to the local language(s). For the 4.0 suite, every effort has been made to avoid the need to port (though we will support official language translations). CC may consider requests to port the 4.0 suite in 2014, but only where a compelling need is demonstrated. If CC decides to consider requests, in no case will CC grant permission if the basis for doing so is to include a choice of law or if the change presented would otherwise alter the basic operation of the licenses. CC will post more information on the topic of porting in Q2 of 2014.

	==License Suite Versions==		==License Suite Versions==

← Older revision		Revision as of 08:23, 12 December 2013
Line 4:		Line 4:

	Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.		Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.
−
−	~~==License Versioning History==~~
−	The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x ([[Version_3.01\|3.01]] or [[Version_3.5\|3.5]]) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.
−
−	~~{\| class="wikitable"~~
−	\|-
−	~~! License version <ref name="versionsnote">Note that CC released a version 2.1 suite for jurisdictions like Spain, Australia, and Japan, whose localized ports of the 2.0 suite contained errors.</ref>~~
−	~~! Release date~~
−	~~! Calls for public comment~~
−	~~! Launch announcement~~
−	~~! Explanation of changes from prior version~~
−	\|-
−	~~\| 1.0~~
−	~~\| 2002 Dec 16~~
−	\|
−	~~\| [http://creativecommons.org/press-releases/entry/3476 Creative Commons Unveils Machine-Readable Copyright Licenses]~~
−	\|
−	\|-
−	~~\| 2.0~~
−	~~\| 2004 May 25~~
−	~~\| [http://creativecommons.org/weblog/entry/3981 Versioning -- Public Review Begins]~~
−	~~\| [http://creativecommons.org/weblog/entry/4216 Announcing (and explaining) our new 2.0 licenses]~~
−	~~\| [http://creativecommons.org/weblog/entry/4216 Announcing (and explaining) our new 2.0 licenses]~~
−	\|-
−	~~\| 2.5~~
−	~~\| 2005 June~~
−	~~\| [http://creativecommons.org/weblog/entry/5447 Tweaking CC's Standard Attribution Language -- An Invitation to Comment]~~
−	\|
−	~~\| [http://creativecommons.org/weblog/entry/5457 Comments Period Drawing to a close for Draft License Version 2.5]~~
−	\|-
−	~~\| 3.0~~
−	~~\| 2007 Feb 23~~
−	~~\| [http://creativecommons.org/weblog/entry/6017 Version 3.0 -- Public Discussion Launched]~~
−	~~\| [http://creativecommons.org/weblog/entry/7249 Version 3.0 Launched]~~
−	~~\| [[Version_3\|Creative Commons Version 3.0 Licenses -- A Brief Explanation]]~~
−	\|-
−	~~\| 4.0~~
−	~~\| 2013 Nov 25~~
−	\|
−	* Initial announcement: [http://creativecommons.org/weblog/entry/29639 Copyright Experts Discuss CC License Version 4.0 at the Global Summit]
−	* Beginning of public discussion: [https://creativecommons.org/weblog/entry/30676 Version 4.0 – Public Discussion Launches]
−	* Draft 1: [https://creativecommons.org/weblog/entry/32157 Version 4.0 – License Draft Ready for Public Comment!]
−	* Draft 2: [https://creativecommons.org/weblog/entry/33632 Draft 2 of 4.0 Ready for Public Comment]
−	* Draft 3: [https://creativecommons.org/weblog/entry/36713 4.0 draft 3 published – final comment period underway]
−	* Draft 4: [https://creativecommons.org/weblog/entry/39587 4.0 draft 4 ready for comment — final consultation before publication]
−	~~\| [https://creativecommons.org/weblog/entry/40768 CC’s Next Generation Licenses — Welcome Version 4.0!]~~
−	\|
−	* [https://creativecommons.org/Version4 What's New in 4.0: Summary]
−	* [[Version 4\|Policy decisions and versioning notes]]
−	* [[4.0\|Creative Commons Version 4.0 wiki pages]]
−	\|}
−
−	~~<references/>~~

	==International License Development Process==		==International License Development Process==