7.3 Creative Commons and licensing

Creative Commons licenses offer journalists a flexible way to share their work while retaining some control. These licenses allow for various levels of permissions, from full reuse to more restricted sharing, striking a balance between traditional copyright and public domain.

For journalists, Creative Commons can increase the reach and impact of their work. By choosing the right license, reporters can encourage wider distribution and collaboration while still protecting their interests. Understanding these licenses is crucial in today's digital media landscape.

Creative Commons overview

• Creative Commons provides a set of free, easy-to-use copyright licenses that allow creators to specify how their work can be shared, used, and remixed by others
• The licenses strike a balance between the traditional "all rights reserved" approach of copyright and the public domain, enabling a "some rights reserved" approach
• Creative Commons licenses are particularly relevant for journalists and media outlets looking to share their work while retaining some control over its use

Goals of Creative Commons

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• Make it easier for creators to share their work with the public while still maintaining some rights
• Provide a standardized set of licenses that are easy to understand and use
• Encourage the dissemination and reuse of creative works in a way that benefits both creators and users
• Promote a more open and collaborative culture of sharing and building upon each other's work

History of Creative Commons

• Founded in 2001 by Lawrence Lessig, Hal Abelson, and Eric Eldred in response to the increasingly restrictive default copyright laws
• The first set of Creative Commons licenses was released in 2002, providing a range of options for creators to choose from
• Over the years, the licenses have been updated and refined to address new challenges and use cases (version 4.0 released in 2013)
• Creative Commons has grown into a global movement with affiliates in over 85 countries, promoting the use of open licenses in various fields, including journalism

Types of Creative Commons licenses

• Creative Commons offers a suite of licenses that allow creators to specify which rights they want to retain and which they are willing to waive
• The licenses are modular, meaning that they can be combined in different ways to create a customized set of permissions
• All Creative Commons licenses require attribution to the original creator, ensuring that they receive credit for their work

Attribution (CC BY)

• The most permissive Creative Commons license, allowing users to distribute, remix, adapt, and build upon the work, even commercially, as long as they credit the original creator
• Provides the greatest flexibility for reuse and adaptation, making it a popular choice for journalists and media outlets looking to encourage the spread of their work

Attribution-ShareAlike (CC BY-SA)

• Similar to the CC BY license, but with the added requirement that any adaptations or derivatives must be released under the same or a compatible license
• Ensures that the work and any derivatives remain freely available for others to use and build upon, creating a "viral" effect of openness

Attribution-NoDerivs (CC BY-ND)

• Allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the original creator
• Suitable for journalists who want their work to be shared widely but do not want others to modify or adapt it

Attribution-NonCommercial (CC BY-NC)

• Allows users to distribute, remix, adapt, and build upon the work non-commercially, as long as they credit the original creator
• Provides a way for journalists to share their work while retaining the right to commercialize it themselves

Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)

• Combines the non-commercial restriction of CC BY-NC with the share-alike requirement of CC BY-SA
• Ensures that any adaptations or derivatives are also released under a non-commercial license, preventing others from profiting from the work without permission

Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)

• The most restrictive Creative Commons license, allowing users to download and share the work with others as long as they credit the creator, but they can't change it in any way or use it commercially
• Suitable for journalists who want to share their work for non-commercial purposes but maintain strict control over its use and adaptation

Public domain dedication (CC0)

• Not a license, but a tool that allows creators to dedicate their work to the public domain, waiving all rights to the fullest extent allowed by law
• Useful for journalists who want to ensure that their work can be freely used, adapted, and built upon by anyone without any restrictions

Choosing a Creative Commons license

• The choice of Creative Commons license depends on the creator's goals, preferences, and the nature of the work being licensed
• Journalists should consider factors such as the desired level of control, potential for commercial use, and compatibility with other licenses when making their decision

Considerations for licensing choice

• Decide whether to allow commercial use of the work or restrict it to non-commercial purposes only
• Choose whether to permit adaptations and derivatives of the work, and if so, whether to require them to be shared under the same license
• Consider the potential impact on the work's dissemination and reuse, as more restrictive licenses may limit its spread and adoption

Compatibility with other licenses

• Some Creative Commons licenses are compatible with each other, allowing works under different licenses to be combined and remixed (CC BY and CC BY-SA)
• Other licenses are not compatible due to conflicting requirements, such as the share-alike provision (CC BY-SA and CC BY-NC)
• Journalists should be aware of these compatibility issues when choosing a license and using CC-licensed content in their work

Impact on distribution and reuse

• More permissive licenses (CC BY, CC BY-SA) tend to encourage wider distribution and reuse of the work, as they impose fewer restrictions on users
• More restrictive licenses (CC BY-NC, CC BY-ND) may limit the work's potential for spread and adaptation, but provide greater control for the creator
• Journalists should weigh the benefits and drawbacks of each approach in light of their goals and the nature of their work

Using Creative Commons-licensed content

• Journalists can benefit from using Creative Commons-licensed content in their work, as it provides a pool of freely available material that can be used without the need for individual permissions
• However, it's important to follow proper attribution practices and respect the terms of the specific license being used

Proper attribution practices

• Always credit the original creator of the work, providing their name, the title of the work, and a link to the source (if available)
• Indicate the specific Creative Commons license under which the work is released, including a link to the license deed or legal code
• If you make any modifications to the work, note that fact in your attribution statement

Respecting license terms

• Read and understand the terms of the Creative Commons license being used, and ensure that your use of the work complies with those terms
• If the license prohibits commercial use, do not use the work in any context that could be considered commercial (advertising, paywalled content, etc.)
• If the license includes a share-alike requirement, ensure that any adaptations or derivatives you create are released under a compatible license

Combining CC-licensed works

• When combining multiple Creative Commons-licensed works, be aware of the compatibility issues between different licenses
• Works under the same license can generally be combined without issue, but mixing works under different licenses may require careful consideration of the terms
• If in doubt, choose the most restrictive license among the works being combined to ensure compliance with all relevant terms

Creative Commons in journalism

• Creative Commons licenses offer several benefits for journalists and media outlets, enabling them to share their work more widely and engage with their audience in new ways
• However, there are also challenges and limitations to consider when using Creative Commons in a journalistic context

Benefits for journalists and media outlets

• Allows journalists to share their work more widely and reach new audiences beyond their immediate publication or platform
• Enables others to build upon and adapt the work, potentially increasing its impact and relevance over time
• Provides a way to collaborate with other journalists and media outlets, pooling resources and expertise to create more comprehensive coverage

Challenges and limitations

• Some media outlets may be hesitant to use Creative Commons licenses due to concerns over loss of control or potential revenue streams
• The viral nature of share-alike licenses can be a double-edged sword, ensuring openness but also potentially limiting the work's compatibility with other content
• Enforcing the terms of Creative Commons licenses can be difficult, particularly in an international context where laws and norms vary

Real-world examples of CC use

• The Conversation, a network of not-for-profit media outlets, publishes all of its articles under a Creative Commons Attribution-NoDerivatives license, allowing for wide republication and distribution
• The Guardian has released several datasets and visualizations under Creative Commons licenses, enabling others to build upon and analyze the data for their own purposes
• Al Jazeera has used Creative Commons licenses to share some of its video content, allowing for wider dissemination and reuse by other media outlets and individuals

Alternatives to Creative Commons

• While Creative Commons licenses provide a flexible and widely recognized framework for open licensing, they are not the only option available to journalists and media outlets
• Traditional copyright and other licensing models offer alternative approaches to managing the rights and permissions associated with creative works

Traditional copyright vs Creative Commons

• Traditional copyright is an "all rights reserved" approach, granting the creator exclusive rights over the use and distribution of their work
• Creative Commons licenses provide a more flexible "some rights reserved" approach, allowing creators to specify which rights they want to retain and which they are willing to waive
• While traditional copyright provides the strongest protection for the creator, Creative Commons licenses can enable wider dissemination and reuse of the work

Other open licensing options

• Open Data Commons licenses, designed specifically for databases and datasets, provide a similar range of options to Creative Commons licenses
• GNU Free Documentation License (GFDL), originally designed for software documentation, can also be used for other types of content, but has some compatibility issues with Creative Commons licenses
• Open Government Licenses, used by many government agencies to release public sector information, are generally compatible with Creative Commons licenses

Proprietary licensing models

• Some media outlets and content providers use proprietary licensing models, which grant specific rights and permissions to users on a case-by-case basis
• These models can provide greater control and customization than Creative Commons licenses, but may also involve more complex negotiations and legal agreements
• Examples include the licensing frameworks used by stock photo agencies, video archives, and some news wire services

Legal aspects of Creative Commons

• While Creative Commons licenses are legally enforceable in many jurisdictions, there are still some challenges and uncertainties surrounding their use and application
• Journalists and media outlets should be aware of these legal considerations when using Creative Commons licenses or incorporating CC-licensed content into their work

Enforceability of CC licenses

• Creative Commons licenses are legally binding contracts between the creator and the user, specifying the terms under which the work can be used
• The licenses have been upheld in court cases in various jurisdictions, demonstrating their legal enforceability and validity
• However, the enforceability of the licenses may vary depending on the specific laws and regulations of each country or region

International applicability

• Creative Commons licenses are designed to be internationally applicable, with language that is intended to be compatible with the copyright laws of different countries
• However, the interpretation and application of the licenses may still vary across jurisdictions, particularly in cases where the local laws conflict with the license terms
• Journalists and media outlets should be aware of these potential variations and seek legal advice when using Creative Commons licenses in an international context

Resolving disputes and violations

• If a user violates the terms of a Creative Commons license, the creator may have legal recourse to enforce their rights and seek damages or injunctive relief
• Creative Commons itself does not enforce the licenses or get involved in individual disputes, but provides resources and guidance for creators seeking to enforce their rights
• In many cases, disputes over Creative Commons licenses can be resolved through informal negotiation or mediation, without the need for legal action

Future of Creative Commons

• As the media landscape continues to evolve, Creative Commons licenses will likely play an increasingly important role in the creation, distribution, and reuse of journalistic content
• Emerging trends and developments in technology, business models, and consumer behavior will shape the future of Creative Commons and its impact on journalism

Emerging trends and developments

• The growth of digital platforms and social media has made it easier than ever to share and distribute content, increasing the relevance of open licensing models like Creative Commons
• The rise of user-generated content and citizen journalism has blurred the lines between creators and consumers, highlighting the need for flexible licensing options
• New technologies like blockchain and artificial intelligence may create new opportunities and challenges for the management of rights and permissions in the digital age

Potential impact on journalism

• Creative Commons licenses could enable new forms of collaborative and investigative journalism, allowing reporters to build upon each other's work and share resources more easily
• The use of CC licenses could also help to increase transparency and accountability in journalism, by making the source materials and data behind stories more readily available for scrutiny and verification
• However, the use of Creative Commons licenses could also raise new questions around the business models and sustainability of journalism, particularly in an era of declining ad revenues and increasing competition for audience attention

Adapting to changing media landscapes

• As the media landscape continues to evolve, journalists and media outlets will need to adapt their use of Creative Commons licenses to new platforms, formats, and audience expectations
• This may involve developing new best practices and guidelines for the use of CC licenses in emerging contexts, such as virtual and augmented reality, podcasting, and interactive documentaries
• It may also require a greater emphasis on education and awareness-raising around the benefits and limitations of Creative Commons licenses, both within the journalism community and among the general public