Sunday, October 25, 2015

Creative Commons

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.

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