3.2 | LICENSE SCOPE
Creative Commons licenses are built on copyright law. This simple fact tells you most of what you need to know about when they do and do not apply, and how long they last.
LEARNING OUTCOMES
- Describe how CC works with copyright and why this is important
- Explain the time length of a CC license
THE BIG QUESTION: WHY IT MATTERS
What is the legal foundation upon which CC licenses operate? And why is this so important?
CC licenses are copyright licenses. They apply where and when copyright applies. This reflects a fundamental design decision by the founders of Creative Commons. Given that the goal was to make more creative and educational works available under common-sense terms, Creative Commons wanted to ensure that its licenses were not used to restrict works or uses of works that the copyright law does not restrict. This is a core CC value. Having the language of the licenses track copyright law accomplished this goal.
PERSONAL REFLECTION: WHY IT MATTERS TO YOU
Think about what it would mean if a CC license could prevent you from doing something you could otherwise do with a copyrighted work, such as printing a copy of a poem to insert in a birthday card for a friend. Do you understand why having CC licenses track copyright was an important decision for the founders of Creative Commons?
Acquiring Essential Knowledge
The statement that “Creative Commons licenses are copyright licenses” tells you the following about the licenses:
- The licenses “operate” or apply only when the work is within the scope of copyright law (or other related laws) and the restrictions of copyright law apply to the intended use of the work. (This is discussed in more detail below.)
- Certain other rights, such as patents, trademarks, and privacy and publicity rights are not covered by the licenses and must be managed separately.
