Intergovernmental Organizations

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Intergovernmental organizations (IGOs) are using CC to share research, data, and educational materials they produce. IGOs, like all creators who want wide dissemination of their content, realize they can benefit greatly from the use of Creative Commons licenses--maximizing the impact of their resources and efforts. A number of IGOs believe that as publicly minded institutions, adopting an open licensing policy for at least some subset of their publications is the preferred mechanism for ensuring the broadest and most widespread use and reuse of the information they publish.

This page explains some of the benefits for IGOs choosing to publish content under Creative Commons licenses, clarifies some unique legal considerations, provides case study of IGOs already using CC, aggregates relevant frequently asked questions, and addresses common licensing scenarios and options available to IGOs.

Why Intergovernmental Organizations Benefit from Using CC

IGOs' missions are aligned with sharing information and resources

Disseminating useful information globally is aligned with the mission and work of most IGOs. Sharing information and content -- ranging from education assessment metrics to cultural heritage resources to research studies on the environmental impact of fossil fuels to health information -- is central to the success of IGOs. Information and content that IGOs create can be made maximally useful to the diverse communities they serve, helping citizens, governments, civic institutions, and businesses across all sectors.

CC helps clarify rights to users in advance

Materials like reports, photographs and videos released under the default All Rights Reserved copyright require the end user to ask permission in order to use the resource in the absence of some applicable exception or limitation under applicable copyright law. This framework means IGOs must dedicate resources to review and approve those requests. From the user perspective, the time and effort required to obtain the permission can be significant. The result is that resources are less likely to be used, shared, or repurposed, significantly diminishing the potential impact of information published. (The Organization for Economic Co-operation and Development (OECD) has described the challenges to dissemination of information under the All Rights Reserved copyright framework as follows: "While information technology makes it possible to multiply and distribute content worldwide and almost at no cost, legal restrictions on the reuse of copyrighted material hamper its negotiability in the digital environment ... [T]he Creative Commons license is by far the best-known license for such content, the use of which is growing exponentially." OECD (2007) Giving Knowledge for Free: The Emergence of Open Educational Resources, p.13.

Creative Commons licenses offer a simple, standardized way to grant flexible copyright permissions in advance. The adoption of Creative Commons licenses increases the dissemination, discoverability, reuse, and translatability of research and education materials. CC licenses are the global standard for open content licenses, and are leveraged by corporations, institutions, and government bodies worldwide. Creative Commons licenses lower the transaction costs normally associated with seeking and granting permission to use resources by granting limited permission in advance.

CC helps ensure IGOs receive credit for the resources they create

IGOs who use CC licenses get the credit they deserve for the work they create. All CC licenses require that attribution be given to author in the manner specified. IGOs also need not worry about expending resources crafting custom terms of service specifying how their works can be used. Creative Commons licenses contain vetted, legally robust standard copyright terms and conditions. These common features serve as the baseline, on top of which IGOs can choose to grant additional permissions if desired.

FAQ: CC Licenses and IGOs

IGOs are unique in several respects from individuals and other organizations. Below are some common questions about how CC licenses work for IGOs.

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

Anyone may use CC licenses for works they own, including IGOs. 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 has published a 3.0 ported license suite specifically intended for use by IGOs. These ported licenses -- known as the 3.0 IGO ported licenses -- grant all of the same permissions as our international (unproved) 3.0 licenses; however, they have two unique provisions. First, unlike all other 3.0 licenses, where the licensor is an IGO then unless otherwise agreed disputes are resolved by mediation or, if unsuccessful, by arbitration. This provision was included in response to the challenges IGOs face with enforcing their copyright. IGOs have privileges and immunities from national legal processes, including judicial processes. Waiving that immunity so they can bring suit in a national legal forum can be exceedingly difficult. Instead, IGOs typically use mediation and arbitration as the preferred means to resolve legal disputes.

Second, unlike the other 3.0 licenses, the 3.0 IGO ported licenses contain a cure period just like the new 4.0 licenses. If a licensee fixes a violation within 30 days of discovery, the license automatically reinstates. The inclusion of the provision is intended to help reduce the likelihood that mediation and arbitration become necessary.

What should I know before I use a work licensed under the IGO 3.0 ported licenses? How does the mediation and arbitration provision work?

Creative Commons has published special deeds for the IGO 3.0 ported licenses that emphasize that disputes are resolved by mediation and arbitration. You should always take note before using a work by an IGO whether the license used is an IGO 3.0 ported license.

You should be aware of the dispute resolution mechanism in the license, which is contained in Section 8(h). Assuming a violation of the license has occurred and the dispute cannot be amicably resolved, the process starts with mediation followed by arbitration if mediation is unsuccessful. If arbitration becomes necessary, then those proceedings allow for remote participation (e.g., by teleconference, written submissions, etc.) whenever practicable.

IGOs have the ability to designate the particular mediation and arbitration rules in the copyright notice attached to the work, though the licensor and user of the work can always agree otherwise. If none is designated and no agreement reached, then the mediation rules will be those identified in the notice of mediation sent to the licensee. If the matter progresses to arbitration, then unless otherwise stated in the copyright notice the rules that apply are then-current Arbitration Rules of the United Nations Commission on International Trade Law (known as the UNCITRAL arbitration rules). The UNCITRAL rules are widely respected and used by IGOs and others.

Before using any work licensed by an IGO under the IGO 3.0 ported licenses, be sure you understand what the mediation and arbitration processes are that an IGO licensor has selected and know what they mean for you. IGOs typically designate those in the copyright notice attached to the work.

Do the 3.0 IGO ported licenses operate differently in other respects?

No, the only differences are the mediation and arbitration processes and the ability to cure a violation and regain your rights as a licensee. CC and the IGOs took great care to ensure that the interpretation of the licenses are no different otherwise than the 3.0 international licenses. The adjudicating body (the mediation or arbitration tribunal) will interpret the scope of the license and remaining obligations in accordance with general principles of international law. Exceptions and limitations remain unregulated by those licenses as well.

What law would be applied if an IGO itself chooses to enforce the terms of the license against a violator?

None of the CC 3.0 international licenses contains a forum or jurisdiction selection clause. The only ported 3.0 licenses that contain a forum selection clause are the Hong Kong 3.0 licenses. This suite is not recommended for use by licensors who want to preserve their right to bring an action in another forum.

A few of the ported licenses contain a choice of law provision. For this reason, CC suggests that IGOs use the international licenses because those licenses squarely leave the decision of which forum and law to apply to the tribunal in which enforcement of the license is sought by the IGO.

Those responsible for setting intellectual property or publication policy within an IGO should consider making these points clear in their copyright notice. One suggested implementation is:

© YEAR by ORGANIZATION. TITLE OF PUBLICATION is made available under a Creative Commons Attribution 3.0 License (international): http://creativecommons.org/licenses/by/3.0/. For the avoidance of doubt, by applying this license ORGANIZATION does not waive any privileges or immunities from claims that it may be entitled to assert, nor does ORGANIZATION submit itself to the jurisdiction, courts, legal processes or laws of any jurisdiction.

Featured Intergovernmental Organization Case Studies


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Additional Examples of CC License Use by Intergovernmental Organizations

Commonwealth of Learning

European Cultural Foundation

European Funded

  • http://www.communia-project.eu/about COMMUNIA - The European Thematic Network on the Digital Public Domain, funded by the European Commission (the executive of the European Union), CC BY-SA (Unported).
  • European Organization for Nuclear Research (CERN) - CERN publishes its book catalog online as open data using the CC0 public domain dedication and the results of some Large Hadron Collider (LHC) experiments are published under various Creative Commons licenses.

Inter-American Development Bank

  • The Inter-American Development Bank is requiring the adoption of Creative Commons by the organizations that receive funding from the Bank in the context of the FOMIN (Fondo Multiateral de Inversiones) initiatives, particularly the ICT4BUS, a fund that promotes the adoption of e-commerce in the American continent, which has financed more that thirty initiatives in Brazil, Argentina, Chile, Nicaragua and other Latin American countries. Banks require those initiative to use the GPL to license any software developed by organizations receiving support from the bank, and CC to license the documentation related with those computer programs, such as user manuals.

International Institute for Democracy and Electoral Assistance

United Nations

World Bank

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