Creative Commons

Creative Commons (CC) refers to a set of copyright licenses that allow creators to share their works with the public by clearly defining the conditions of use, distribution, and modification. These licenses offer an alternative to traditional copyright by enabling authors to release their works from certain restrictions while retaining some rights.

Purpose of Creative Commons Licenses

The main objective of Creative Commons licenses is to facilitate the dissemination and sharing of works by providing creators with a standardized way to grant the public permission to use their works under copyright law. They allow authors to contribute to a collection of freely accessible works for everyone while protecting their rights.

The Six Main Licenses

Creative Commons licenses are divided into six main combinations, each offering a specific set of permissions and restrictions:

  1. CC BY (Attribution): This license allows others to distribute, remix, arrange, and adapt the work, even for commercial purposes, provided they give appropriate credit to the original author.

  2. CC BY-SA (Attribution – Share Alike): Users can remix, arrange, and adapt the work, even for commercial purposes, as long as they give credit and license their new creations under the same terms. This license is often compared to “copyleft” licenses in open-source software.

  3. CC BY-ND (Attribution – No Derivatives): This license allows redistribution, both commercial and non-commercial, as long as the work is passed along unchanged and in its entirety, with credit to the author.

  4. CC BY-NC (Attribution – Non-Commercial): Others may remix, arrange, and adapt the work for non-commercial purposes. While their new works must also acknowledge the author and be non-commercial, they are not required to be licensed under the same terms as the original work.

  5. CC BY-NC-SA (Attribution – Non-Commercial – Share Alike): This license allows others to remix, arrange, and adapt the work for non-commercial purposes, provided they give credit and license their new creations under identical terms.

  6. CC BY-NC-ND (Attribution – Non-Commercial – No Derivatives): This is the most restrictive license, permitting others only to download and share the works as long as they credit the author, without modifying them or using them for commercial purposes.

Legal Validity in France

In France, Creative Commons licenses are compatible with the Code de la propriété intellectuelle (Intellectual Property Code), particularly regarding the economic rights of authors. However, it is important to note that moral rights, which are inalienable and perpetual according to Article L121-1 of the French Intellectual Property Code, must be respected. Thus, even if an author chooses a Creative Commons license, their moral rights—such as the right to respect for the work and the right to attribution—remain protected.

Implementation of the Licenses

To apply a Creative Commons license to a work, the author must select the license that best suits their intentions regarding sharing and usage. They can then associate the chosen license’s logo or text with their work, typically by clearly indicating it on the distribution medium (website, document, etc.). It is recommended to consult the official Creative Commons resources to ensure proper application of the license.

Conclusion

Creative Commons licenses offer creators flexibility in managing their copyrights by allowing them to clearly define the conditions of use for their works. They promote the dissemination and sharing of works while respecting authors’ rights, including the inalienable moral rights protected in France.