A Creative Commons (CC) license is a type of copyright license that grants permission for others to use copyrighted works without obtaining prior approval from the copyright owner. However, the usage must adhere to the specific conditions outlined by the copyright owner, which are indicated by designated symbols attached to the work.
Typically, creative works such as literary works, artistic creations, musical compositions, films, and similar content, are protected under copyright law. According to legal principles, using copyrighted works, including distribution, reproduction, or modification, requires the copyright owner's permission. However, obtaining permission can be challenging, especially in cases where the work is intended for broad public benefit and not for profit.
While copyright law includes the concept of fair use (or fair dealing), which allows limited use of copyrighted materials without permission under specific conditions, it does not always provide a clear solution. Therefore, explicitly granting permission through an easily recognizable system of symbols makes it easier for both copyright owners and users who wish to utilize the work.
This need led to the creation of the Creative Commons (CC) license, developed by the non-profit Creative Commons organization in the United States. Instead of lengthy legal agreements, the CC system uses four symbols that represent different usage conditions.
In Thailand, the Creative Commons license has been translated into Thai through a collaboration between the Dharmniti Law Office, ChangeFusion Institute, and Sirindhorn International Institute of Technology at Thammasat University, following the guidelines of the Creative Commons Version 3.0 framework.
To ensure ease of use and understanding, Creative Commons licenses employ four symbols, each representing a specific usage right. These symbols can be directly attached to creative works, such as images or articles, eliminating the need for lengthy legal text. Users can combine these symbols to create customized license conditions. Thus, it is crucial to understand these symbols first.
The four core symbols of Creative Commons are:
- Attribution (BY): Credit must be given to the original creator. Others may use, reproduce, distribute, or modify the work, but they must attribute the original creator by mentioning their name or providing a source link. If users wish to use the work without giving credit, they must obtain permission from the copyright owner.
- Non-Commercial (NC): No commercial use. Others may use, reproduce, distribute, or modify the work, but not for commercial purposes. If users wish to use the work for commercial gain, they must obtain the copyright owner's permission.
- No Derivatives (ND): No modifications. Others may use, reproduce, and distribute the work, but they cannot modify it. If they wish to alter the work, they must obtain the copyright owner's permission.
- Share Alike (SA): Derivative works must be licensed under the same terms. Others may use, reproduce, distribute, or modify the work, but any modified version must be licensed under the same conditions as the original. If users do not wish to use the same license, they must obtain permission from the copyright owner.
Now that we have a clear understanding of the symbols, let's explore their practical application. To illustrate, let's consider this article as an example. The author has granted permission for others to share and modify this work, but with certain conditions. These conditions include giving credit to the author and source, and prohibiting commercial use. Additionally, any derivative work must also be licensed under the same conditions as the original.
Therefore, the appropriate Creative Commons symbols for this article are: (CC) BY-NC-SA.
This means that users are allowed to share, reproduce, or adapt the article in other media, as long as they credit the original author. However, commercial use is not permitted. Furthermore, any derivative work must also be licensed under the same conditions.
The corresponding Creative Commons symbols can be downloaded from: https://creativecommons.org/mission/downloads/ and can be displayed on the work, such as at the end of an article. Alternatively, users can include the license code, for example, Attribution CC-BY-NC-SA, if they do not wish to use symbols. Copyright owners also have the option to combine the basic symbols to reflect different conditions. For example:
- Attribution CC-BY: Allows sharing and modification with attribution.
- Attribution CC-BY-NC: Allows sharing and modification with attribution but prohibits commercial use.
Although Creative Commons licenses may appear complex at first, they are actually quite simple to apply and promote the sharing and accessibility of valuable information.
Article by: Assistant Professor Piyayon Plianphadung (School of Law, University of Phayao)
Attribution CC-BY-NC-SA (Allows sharing and modification with attribution, prohibits commercial use, and requires derivative works to use the same license.)