Олексюк / Комарницький
Creative Commons is a
non-profit organization that has developed free-to-use model contracts - public free and non-free licenses that allow authors and
rights holders to have an opportunity to discover their own will and spread their
works more widely and freely, and for consumers of content to
legally use these works.
The aim of «Creative Commons» is to allow copyright
holders to transfer some of the rights to their works to the public, and at the
same time retain other rights. The fact that under the currently applicable in
most countries copyright laws the author automatically owns all rights (both
property and non-property). «Creative Commons» enable the transfer of certain
rights through family ready licensing recognized legal laws in many countries.
«Creative Commons» was founded in the United States in
2001 by Lawrence Lessyhom, Hal Abelson and Eric Eldred with the support of the
Public Domain Center. 10 years later, in 2011, it consisted of a partner
network containing more than 100 organizations in more than 70 countries around
the world (including representative offices in Ukraine and Russia). The purpose
of the organization is to increase the number of works available for free
distribution and use.
In 2002, the organization has created and published
for the free use multiple licenses with which the authors were able to flexibly
manage copyright licenses known as «Creative Commons». These licenses allow
authors-creators to report on the rights they would refuse (such as the author
doesn't want to prohibit fans distribute their own work - by law, such
unprofitable for author prohibition automatically comes when you create your
work), and which rights they reserve (an approach called "some rights
reserved", as opposed to the standard "all rights reserved").
Earlier there have already been so-called free
licenses (but «Creative Commons» appeared not free) for computer software and
technical documentation. Innovation of «Creative Commons» was the fact that
they used the idea of the philosopher and programmer Richard Stallman, adding
metadata licenses to handle copyright information computers and simplification
idea not to use lawyers, and ordinary people, creating so-called "Short
description" licenses with clear symbols. License «Creative Commons»
legally contrary and in any case do not fight and do not replace copyright, but
rather based on it's use and it's laws, but actually because of more liberal
approach creates competition standard restrictive copyright and are perceived
as opposition to copyright.
License «Creative
Commons» found it's use in culture, education, science, government offices and
public organizations, music communities. «Creative Commons» uses a wide range
of Internet projects from government (websites of Presidents of major world
powers), scientific literature, encyclopedia sites («Wikipedia»), sites of
scientific peer-reviewed journals, websites with music, photos, videos and
comics, as well as offline projects like the design of a car or a computer
board. Worldwide, according to conservative estimates as of December 2010 under
various licenses «Creative Commons» extend more than 400 millions pieces (and
their share of free content kept increasing and reached 40%). User's license
«Creative Commons» give content that can be legally used (for example, bloggers
are no longer required when placing pictures in his breach copyright and dining
and other companies do not have to pay for music societies for collective
management of copyright).
«Creative Commons» works to counter "permission
culture", which tends to dominate and becomes more restrictive. Lawrence
Lessig, founder of the organization, says that it is "culture, in which
the authors begin to create only with the permission of authorities or author
from the past." Lessig believes that modern culture dominated over
traditional distributors of content in order to maintain and strengthen it's
monopoly on cultural products such as popular music and popular movies and that
«Creative Commons» can provide an alternative to this limitation.
«Creative Commons» licenses is a group of standardized
texts that describe the use of works to which they are attached. License is
containing both short description stating the essential terms as accessible
language and detailed text adjusted lawyers in the form of a license under
applicable copyright law.
The first version of licences was released by American
non-profit organization «Creative Commons» on December 16th, 2002.
The organization (or rather, its structure «Creative
Commons International») promotes legal and linguistic adaptation of major
licenses «Creative Commons» (now of six) to local laws in countries where it is
needed. To do this, it produces adaptation of the terminology in legislation
specific country (e.g., India) and, if necessary, creates License translations
into other languages. Where such adaptation is not carried out, the usual
recommended not adapted versions of international licenses that are designed to
work in all member countries deals with copyright. It is planned that license's
4th version will be more universal and will no longer require adaptations and
translations, so versions of any country no longer planned. If the version for
some country wasn't made (e.g., Russia), it does not prevent the use of
licenses in that country.
Currently, there are six current «Creative Commons»
licenses:
·
«Creative
Commons» license is non-exclusive. Holder may permit the use of his work by
«Creative Commons» license and then enter into another separate, non-exclusive
agreement with someone else, for example, in exchange for money.
·
«Creative
Commons» licenses are valid throughout the duration of the rights derived (in
most countries - 70 years after the author's death). If work once licensed, its
license can not be revoked later. You can not ban anyone who uses the product
under license, to continue it's use. Holder may terminate distribution of works
under license «Creative Commons» at any time, but those copies that already
exist, you can not withdraw from circulation and stop the creation of new
licensed copies of «Creative Commons».
·
Licensor
enters into separate licensing contract with each user (licensee).
·
Company
«Creative Commons» not a party to the license agreement, and can not act as
guarantor of the licensed work.
·
All
licenses require attribution (previously used licenses that do not require
this, but «Creative Commons» made to support them).
All six current license «Creative
Commons» have many important features in common.
Each license:
·
the
author retains the copyright work;
·
says
that fair use, other people's first sale rights and freedom of expression are
not affected by the license;
Each license requires users of
the work:
·
author
to obtain permission for any of the things that the author decided to limit -
for example, use for business purposes, create derivative works;
·
to
keep any copyright notice intact on all copies of the work;
·
put
links to licensed copies of the work;
·
do
not change the terms of the license;
·
do
not use technology to limit legitimate use of the work other recipients
license.
Each license allows users if they
follow your needs, at least, in non-commercial way:
·
to
copy the work;
·
to
distribute it;
·
to
display or perform it publicly;
·
to
make it's digital interpretation;
·
to
shift to another format as an exact copy.
Each license:
·
operates
worldwide;
·
term
lasts for author's rights to work;
·
is
not fielding.
Website: creativecommons.org
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