Considerations for licensors and licensees/Licensees

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Considerations for licensees

Understand the license.

Read the legal code, not just the deed.

The human-readable deed is a summary of, but not a replacement for, the legal code. It does not explain everything you need to know before using licensed material.

Make sure the license grants permission for what you want to do.

There are six different CC licenses. Two of the licenses prohibit the sharing of adaptations (BY-ND, BY-NC-ND); three prohibit commercial uses (BY-NC, BY-NC-ND, BY-NC-SA), and two require adaptations be licensed under the same license (BY-SA, BY-NC-SA).

Take note of the particular version of the license.

The current version (4.0) differs from prior versions in important respects. Similarly, the jurisdiction ports may differ in certain terms, such as dispute resolution and choice of law.

Scope of the license.

Pay attention to what exactly is being licensed.

The licensor should have marked which elements of the work are subject to the license and which are not. For those elements that are not subject to the license, you may need separate permission.

Consider clearing rights if you are concerned.

The license does not contain a warranty, so if you think there may be third party rights in the material, you may want to clear those rights in advance.

Some uses of licensed material do not require permission under the license.

If the use you want to make of a work falls within an exception or limitation to copyright or similar rights, you may do so. Those uses are unregulated by the license.

Know your obligations.

Provide attribution.

All CC licenses require you provide attribution and mark the material when you share it publicly. The specific requirements vary slightly across versions.

Do not restrict others from exercising rights under the license.

All CC licenses prohibit you from applying effective technological measures or imposing legal terms that would prevent others from doing what the license permits.

Determine what, if anything, you can do with adaptations you make.

Depending on what type of license is applied, you are limited in whether you can share your adaptation and if so, what license you can apply to your contributions.

Termination is automatic.

All CC licenses terminate automatically when you fail to comply with its terms. If the material is under a 4.0 license, you must fix the problem within 30 days of discovery if you want your rights automatically reinstated.

Consider licensor preferences.

Consider complying with non-binding requests by the licensor.

The licensor may make special requests when you use the material. We recommend you do so when reasonable, but that is your option and not your obligation.