Introduction to Creative Commons. Covers tension with internet and copyright law, the CTEA, Eldred Vs. Ashcrosft, Creative Commons organization, CC Licenses, and the CC global network
3. Copyright
•Title 17 of the United States Code
•Copyright grants to the creator(s) the
rights to determine how their work
may be copied or adapted for a
specific period of time
4. Technology & Internet
•Internet provides us the ability to
easily obtain & share material as well
as collaborate with others
•Some of that material may be
copyrighted
5. The relationship between the sharing restrictions due to
copyright and the numerous sharing possibilities of the
internet is very
6. Sonny Bono
Copyright Term Extension Act
(CTEA)
•Enacted in 1998
•Extended Copyright on every work in the US
by another 20 years
•Yes, I said EVERY WORK in the US
•Including those already published
•By another 20 years…
7. Sonny Bono
Copyright Term Extension Act
(CTEA)
•Copyright term is now life of
the creator + 70 years
• AKA Mickey Mouse
Protection Act
• Extended copyright protection for first
appearance of Mickey Mouse
8. Enter Lawrence Lessig
• Stanford Law Professor
• Thought the CTEA was
unconstitutional and against the so-
called purpose of the Copyright Law
– to provide an incentive for creators
to share their work by limiting their
exclusive rights
• Represented Eric Eldred, a web
publisher
• Together, they challenged the law’s
constitutionality in the U.S. Supreme
Court
This file is licensed under the Creative Commons Attribution 2.0 Generic license.
9. Eldred v. Ashcroft
537 U.S. 186
• Petitioners, individuals and businesses, sued respondent
United States Attorney General, challenging the
constitutionality of the Copyright Term Extension Act
(CTEA) under the First Amendment and the Copyright and
Patent Clause (Copyright Clause), U.S. Const. art. I, § 8, cl.
8. The United States Court of Appeals for the District of
Columbia Circuit upheld the CTEA. The United States
Supreme Court granted certiorari.
ERIC ELDRED, ET AL., PETITIONERS v. JOHN D. ASHCROFT, ATTORNEY GENERAL, 537 U.S. 186, 123 S. Ct. 769, 154 L. Ed. 2d 683, 2003 U.S. LEXIS 751, 71 U.S.L.W. 4052, Copy. L. Rep. (CCH)
P28,537, 2003 Cal. Daily Op. Service 426, 2003 Daily Journal DAR 512, 65 U.S.P.Q.2D (BNA) 1225, 16 Fla. L. Weekly Fed. S 44 (Supreme Court of the United States January 15, 2003, Decided ).
Retrieved from https://advance.lexis.com/api/document?collection=cases&id=urn:contentItem:47P7-BT40-004B-Y018-00000-00&context=1516831.
10. Eldred v. Ashcroft
Their argument that the CTEA violated the 1st
Amendment was rejected by the Supreme Court
They
LOST
11. Inspired by Eldred’s efforts to make more works available for free
on the internet and an increasing number of folks who wanted to
create, rearrange and share their works, Lessig and others
created
• Nonprofit organization formed in 2002
• Designed a set of licenses allowing creators to maintain their
copyrights but allowed them the flexibility to share their works
13. Creative Commons Licenses
• Are a balance between the “all rights reserved” of copyright and a
simplified standard to give permission to others to “Share,
Collaborate, Remix, Reuse”
• Are up to date, free & have been globally adopted as a standard for
open copyright licenses
14. Icon Attribution Description
Attribution
CC BY
This license lets others distribute, remix, tweak, and build upon your work, even
commercially, as long as they credit you for the original creation. This is the most
accommodating of licenses offered. Recommended for maximum dissemination and
use of licensed materials.
Attribution-ShareAlike
CC BY-SA
This license lets others remix, tweak, and build upon your work even for commercial
purposes, as long as they credit you and license their new creations under the
identical terms. This license is often compared to “copyleft” free and open source
software licenses. All new works based on yours will carry the same license, so any
derivatives will also allow commercial use. This is the license used by Wikipedia, and
is recommended for materials that would benefit from incorporating content from
Wikipedia and similarly licensed projects.
Attribution-NoDerivs
CC BY-ND
This license allows for redistribution, commercial and non-commercial, as long as it is
passed along unchanged and in whole, with credit to you.
Attribution-
NonCommercial
CC BY-NC
This license lets others remix, tweak, and build upon your work non-commercially,
and although their new works must also acknowledge you and be non-commercial,
they don’t have to license their derivative works on the same terms.
Attribution-
NonCommercial-
ShareAlike
CC BY-NC-SA
This license lets others remix, tweak, and build upon your work non-commercially, as
long as they credit you and license their new creations under the identical terms.
Attribution-
NonCommercial-
NoDerivs
CC BY-NC-ND
This license is the most restrictive of our six main licenses, only allowing others to
download your works and share them with others as long as they credit you, but they
can’t change them in any way or use them commercially.
15. Creative Commons Licenses
• Today, there are
more than1.4
billion Creative
Commons
licensed works
online
• Music
• Videos
• Slides
• Research
• Etc.
16. Global Network
• Creative Commons stretches beyond the United States and just
CC licenses
• Still a nonprofit but now a Global Network of activists, policy
makers & creators willing to share and work together using
open licensing
So where is the Creative Commons?
18. Mission and Vision
Mission
Creative Commons develops, supports, and stewards legal and
technical infrastructure that maximizes digital creativity, sharing,
and innovation.
Vision
Our vision is nothing less than realizing the full potential of the
Internet — universal access to research and education, full
participation in culture — to drive a new era of development,
growth, and productivity.
Retrieved from: https://creativecommons.org/about/mission-and-vision/