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.
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 (unported) 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 upon, disputes are resolved by mediation or, if that is unsuccessful, through 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 license 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?
You should be aware of the dispute resolution mechanism in the license, which is contained in Section 8(h). Disputes involving works licensed by IGOs under the licenses are resolved by mediation and arbitration.
Generally, mediation is a process used to avoid settling a dispute in court. The process typically involves a neutral third party (called a mediator) who tries to help the parties resolve the dispute. Mediation is not binding, however, unless the parties agree otherwise. Arbitration is also used to avoid settling a dispute in court, but the third party (called an arbitrator) has authority to make a decision in favor of one party. Arbitration tends to be more formal than mediation.
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 have been chosen by the IGO and know what they mean for you. IGOs typically designate those in the copyright notice attached to the work.
How does the mediation and arbitration provision work?
Assuming a violation of the license has occurred and the dispute cannot be amicably resolved, the process starts with mediation. The IGO/licensor sends a notice of mediation to the licensee designating the mediation rules if those are not already identified in the copyright notice accompanying the work. If mediation is unsuccessful, then either the licensor or licensee can chose to commence arbitration. 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 is 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 the current Arbitration Rules of the United Nations Commission on International Trade Law (known as the UNCITRAL arbitration rules). The UNCITRAL rules are widely used by IGOs and others.
Note that Creative Commons does not endorse any particular mediation or arbitration rules. 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.
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.
Examples of CC License Use by Intergovernmental Organizations
Commonwealth of Learning
- The Commonwealth of Learning has incorpoated CC BY-SA as part of its open educational resources (OER) policy: http://creativecommons.org/weblog/entry/27703.
- Interview with Sir John Daniel about the policy: http://creativecommons.org/weblog/entry/28384
- COL's guidelines for open educational resources (OER) in higher education: http://www.col.org/resources/publications/Pages/detail.aspx?PID=364
European Cultural Foundation
- The European Cultural Foundation's project Labforculture.org releases materials under a CC BY-NC-ND license.
- 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
- The International Institute for Democracy and Electoral Assistance (International IDEA) is an IGO that supports sustainable democracy, and licenses selected publications under the Creative Commons Attribution-NonCommercial-Share Alike 3.0 Unported licence.
- UNESCO OER documentation and toolkits - http://oerwiki.iiep-unesco.org/
- United Nations University OpenCourseWare - http://ocw.unu.edu/Courses_listing
- United Nations University Media Studio - http://mediastudio.unu.edu/en/about/
- United Nations Development Programme (UNDP) Knowledge Platform - http://logosundp.org/; http://logosundp.org/about/terms
- The UNDP Virtual School for Latin America and the Caribbean - http://www.escuelapnud.org/
- The World Bank has incorporated CC BY into its Open Access Policy and as a default for Bank-produced research and knowledge products via its OPen Knowledge Repository: http://creativecommons.org/weblog/entry/32335.