Difference between revisions of "License Versions"
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==Attribution to others contemplated==
==Attribution to others contemplated==
==Requests for removal of attribution contemplated==
==Requests for removal of attribution contemplated==
Revision as of 23:12, 22 December 2010
This page identifies some of the improvements to the Creative Commons license suite from the publication of the first licenses in December, 2002, through the current version 3.0, and highlights important similarities among the major license versions released to date.
- 1 License blog posts
- 2 International license development processes
- 3 License suite version chart
- 4 Nomenclature (for unported licenses)
- 5 Technical measures by licensees prohibited
- 6 Attribution to author required
- 7 Attribution to others contemplated
- 8 Requests for removal of attribution contemplated
- 9 Collecting societies regimes addressed
- 10 Representations and warranties by licensor included
- 11 "No endorsement" clause included
- 12 Moral rights clause included
- 13 Adaptations (if allowed) must be marked as such
- 14 Definition of "NonCommercial" unchanged (same in all versions)
- 15 Use of licenses for copyrightable compilations of data anticipated
- 16 Compatible licenses may be used for adaptations of works originally offered under CC ShareAlike licenses
- 17 Sui generis rights in data addressed
License blog posts
The chart below presents the major license versions, their launch dates, and blog posts calling for public comment, announcing the launch of a license suite, and explaining changes to new licenses. It also includes posts referencing unfinished version 3.x (3.01, 3.5) licenses, which are not in active discussion and may or may not ever be published. Version 3.0 is most up to date Creative Commons license suite, but the 3.x license discussions address further potential upgrades and changes that may be folded into a new version 4.0 license. The License Errata page, to which you should feel free to contribute, catalogs minor bugs in the licenses like typographical errors.
|License version*||Release date||Call for public comment||Launch announcement||Explanation of changes from prior version|
|1.0||2002 Dec 16||n/a||http://creativecommons.org/press-releases/entry/3476||n/a|
|2.0||2005 May 25||http://creativecommons.org/weblog/entry/3981||http://creativecommons.org/weblog/entry/4216||http://creativecommons.org/weblog/entry/4216|
|3.0||2007 Feb 23||http://creativecommons.org/weblog/entry/6017||http://creativecommons.org/weblog/entry/7249||http://wiki.creativecommons.org/Version_3|
- Note that CC also released a version 2.1 suite for jurisdictions like Spain, Australia and Japan, whose localized ports of the 2.0 suite contained errors.
International license development processes
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, that includes the publication of drafts, formal comment periods and transparent decision-making. This 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 February 2007. Those licenses are known as the 3.0 international (also called the 3.0 “unported” and formerly referred to under version 2.0 as the “generic”) license suite.
While each set of licenses produced by CC is drafted to conform with copyright law, many of the improvements to the version 3.0 license suite brought the licenses further into line with international copyright law. However, CC still embarked on its typical process of localizing the licenses to each of the jurisdictions. Once a suite of licenses is released, Creative Commons grants permission to legal experts around the world under formal agreement to adapt (or “port”) the licenses where necessary to more fully align the text with the laws of different legal jurisdictions and translate the licenses to the local language(s). Fore more information, see http://creativecommons.org/international. In each instance, the resulting ported licenses are intended to have the same legal meaning and effect as the international (unported) licenses and the ported licenses of other jurisdictions at the same license version. Porting follows the same open and inclusive processes used to produce the international licenses: publication of drafts, comment periods, engagement with communities and constituents who use the licenses, and transparent decision-making processes. It also involves close oversight and review by CC staff.
License suite version chart
The chart below and explanations that follow detail some of the improvements and important similarities among Creative Commons license versions and ports. Some of the explanations contain links to further information on the topic.
|License Suite Version||1.0||2.0||2.5||3.0|
|All international (unported/generic) and ported licenses|
|Nomenclature (for unported licenses)||Generic license||Generic license||Generic license||International (unported) license|
|Technological measures by users of CC licensed works prohibited||Yes||Yes||Yes||Yes|
|Attribution to author required||Not all licenses||Yes||Yes||Yes|
|Attribution to others contemplated||No||No||Yes||Yes|
|Requests for removal of attribution contemplated||Yes||Yes||Yes||Yes|
|Collecting societies regimes addressed||No||Yes||Yes||Yes|
|Representations and warranties by licensor included||Yes||No||No||No|
|"No endorsement" clause included||No||No||No||Yes|
|Moral rights clause included||No||No||No||Yes|
|Adaptations (if allowed) must be marked as such||No||No||No||Yes|
|Definition of "NonCommercial" unchanged in all versions||Yes||Yes||Yes||Yes|
|Use of licenses for copyrightable compilations of data anticipated||Yes (implied)||Yes (implied)||Yes (implied)||Yes (explicit)|
|International (unported/generic) ShareAlike licenses|
|Compatible licenses may be used for adaptations of works originally offered under CC ShareAlike licenses||No||CC only||CC only||Yes|
|Licenses ported to jurisdictions with sui generis rights|
|Sui generis rights in data addressed||No||Some ports only||Some ports only||Yes|
Nomenclature (for unported licenses)
Before the launch of the version 3.0 licenses, the international (unported) licenses were called the “generic” licenses. The generic licenses were drafted to conform with U.S. law and conventions. Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, the version 3.0 international (unported) license suite is jurisdiction-agnostic: it does not mention nor is it drafted against any particular jurisdiction's laws or statutes, but rather it is intended to function without adjustment in all jurisdictions around the world. You may access the jurisdiction database and compare the international (unported) license to the ported licenses of various jurisdictions.
Technical measures by licensees prohibited
All CC license versions prohibit licensees (as opposed to licensors) from using effective technological measures such as “digital rights management” software to restrict the ability of those who receive a CC licensed work from a licensee to exercise rights granted under the licenses. To be clear, encryption or an access limitation is not necessarily a technical protection measure prohibited by the licenses. For example, content sent via email and encrypted with the recipient's public key does not restrict use of the work by the recipient. Likewise, limiting recipients to a set of users (e.g., with a username and password) does not restrict use of the work by the recipients. In the cases above, encryption or an access limitation is does not violate the prohibition on technological measures because the recipient is not prevented from exercising all rights granted by the license (including rights of further redistribution).
This treatment was re-evaluated during the public process leading to release of the version 3.0 license suite. CC considered arguments in favor of such measures, coupled with an obligation of parallel distribution. However, those arguments were ultimately rejected.
The version 1.0 suite is unique because it contains some CC licenses that do not require attribution. All subsequent license suites make attribution a standard requirement unless the licensor specifies otherwise. The required mode of attribution differs slightly among the versions, and is progressively more flexible with each subsequent version.
Attribution to others contemplated
Prior to the version 2.5 suite, CC licenses contemplated attribution to the author only. Versions 2.5 and 3.0 allow licensors to identify another party or organization for attribution, called the “Attribution Party.” This feature was introduced in part to alleviate burdensome or difficult attribution situations, such as may be the case when many people contribute to a wiki article or other multi-author, collaborative effort. In versions 2.5 and 3.0, licensors may designate another party for attribution purposes -- such as a sponsor institute, publishing entity or journal -- in addition to or instead of the author. You may review some of the concerns raised when CC proposed this change.