CC0 Development Process
- 1 Status
- 2 Development and Public Comment Process
- 3 A Community Effort
- 3.1 Other PD Waiver/License Resources and References
- 3.1.1 Community:LibriVox (audio recordings of PD books)
- 3.1.2 Community:Open Clipart
- 3.1.3 Community: Educational
- 3.1.4 Community: Internet archive
- 3.1.5 Community: National Oceanic and Atmospheric Administration
- 3.1.6 Community: Library of Congress
- 3.1.7 Community: MusOpen
- 3.1.8 Community: Open education photos
- 3.1.9 Community: Old Books
- 3.1.10 Community: Open fonts
- 3.1.11 Community: Open Data
- 3.1.12 Community: Wikimedia
- 3.1.13 Community: Wikipedia
- 3.1 Other PD Waiver/License Resources and References
Development and Public Comment Process
Creative Commons published three beta versions of CC0 for public comment during 2008. You can track CC0's development, including an overview of the feedback we received and principle revisions to the legal code, through our blog postings here: Beta Draft 1 Beta Draft 2 Beta Draft 3. This page captures some of the main issues discussed during the public comment process and how those were resolved in version 1.0 of CC0.
Scope of Rights Waived
A few comments sought clarification on the scope of the waiver: does it just waive copyright-specific rights, or is it broader and include rights such as patents, trademarks, unfair competition, privacy rights, publicity rights, commercial rights, and/or database rights.
We started to clarify these issues in Beta 2, although patent rights were only addressed in the context of facts and ideas and trademark rights were not addressed at all. In its final adoptable form, CC0 now expressly states that neither trademark nor patent rights held by the affirmer are affected by CC0.
It was also suggested during the public comment period that we make clear that the waiver does not affect third party rights related to the content, such as publicity and privacy rights. While this is always the case (none of our legal tools purport to affect third party rights), we decided to include such a statement in the text of CC0 itself, as well as on deed.
Restrictions and Limitations on Waiving Moral Rights and Related Challenges
Several CCi project leads and community members correctly pointed out the difficulties associated with waiving moral rights, particularly in European jursidictions. A sampling of those comments can be found here:
- German Moral rights are unalienable 
- Norway - moral rights issue comment from Gisle(law cite needed)
- UK may require a signature for waiving moral right 87 (2)" Any of those rights may be waived by instrument in writing signed by the person giving up the right." Suggesting that 87(4) may provide some wiggle room but unsure how well it would work with regards to moral rights. 
- Comment suggesting that moral rights and the conversation from CC v3.01 is relevant 
Following extensive consultation with our CCi jurisdiction leads, we concluded on a multi-tier approach to this and other similar issues. First, CC0 includes a Statement of Purpose in the legal code that serves in part to impress upon those using CC0 the full scope of the rights they are surrendering and the possible uses to which their works could be put, including commercial uses. Knowledge of the rights being surrendered is one important element in effecting a waiver of moral rights. Second, CC0 incorporates a fall-back public license in the event the waiver is not enforceable for any reason, since in at least some jurisdictions moral rights can be licensed even if they cannot be waived. Finally, even were the fall-back license to fail, then under CC0 the affirmer expressly agrees not to exercise his or her rights or assert claims against others contrary to the express Statement of Purpose.
A Community Effort
Building CC0 over the course of a year required the efforts and dedication of many. Our CCi leads and the broader CC community provided invaluable advice on how to craft a robust, public domain tool intended for universal use. Our pro bono legal counsel at Wilson Sonsini Goodrich & Rosati and Latham & Watkins also deserve special mention. Their legal review and analysis provided the heightened level of rigor that users of our licenses and legal tools have come to expect from Creative Commons.
Other PD Waiver/License Resources and References
CC is not the first to create a public domain waiver or license. Below is a list of some of those tools as well as the projects that use them. If you are involved with these projects and want to discuss migrating to CC0, contact Creative Commons at firstname.lastname@example.org.
Community:LibriVox (audio recordings of PD books)
Name of tool used: CC public domain dedication with additional warning
- make CDs of Romance of Rubber sold as a fundraiser for a charity you don’t like;
- put Origin of the Species as background atmosphere for a pornographic film;
- sample Fables for the Frivolous in a violent rap song;
- use the summary of Frankenstein to promote a major motion picture;
CC-PD for all art work.
Name of tool: CC-PD dedication
Text: The clip art on this website and part of this project are released into the public domain.
Name of tool: Educational PD dedication draft
Notes: This tool has been abandoned
- Reuse the work verbatim, just exactly as you found it
- Rework, alter, or transform the work so that it better meets your needs
- Remix and combine the (verbatim or altered) work with other works to better meet your needs
- Redistribute the verbatim work, the altered work, or the remixed work
Representations, Warranties and Disclaimer
Community: Internet archive
Community: National Oceanic and Atmospheric Administration
Notes: Government work, no copyright.
Community: Library of Congress
Note: Clear PD item 1917, generic text telling users that the work may be in copyright
See our Legal Notices and Privacy and Publicity Rights for additional information and restrictions.
Credit Line: Library of Congress, General Collections.
Community: Open education photos
Note: Photo site of public domain photos, government works.
URL: Teach Politics
Community: Old Books
Text: No-Copyright notice
Community: Open fonts
URL: Public Domain Fonts
Community: Open Data
Tool: Database public domain dedication
Text: Long license too long to place here
Tool: Public domain assertion tool stating jurisdiction and reason the work is in the public domain
Tool: Pubic domain dedication
Notes: short simple text nonlegal wording.
URL: wikipedia PD-Self