A Legal Analysis of Creative Commons License and Its Application
Date Issued
2008
Date
2008
Author(s)
Wang, Pei-Yi
Abstract
The paper begins with discussing that in the digital era it is difficult to use limitations of copyright and licensing system to create free culture, consequently the use and number of open content licenses are increasing to help to cultivate society’s commons. Licenses such as the Creative Commons License, BBC Creative Archive License, Open Content License, Open Publication License, GNU Free Documentation License, Free Art License, and Open Music License are examples of such open content licenses.fter introducing the basic elements and conditions of these licenses in Chapter 3, this paper tries to analyze the nature of Creative Commons License from perspectives of contract agreement and pure license. This analysis will span over different legislations and also touch upon the issues of formation, liabilities, warranties, as well as the problem of how children and teenagers accept and use Creative Commons Licenses. eyond that, in the cases that a Creative Commons licensor does not have the right to release other’s work, the relationship between the right holder, licensor and licensee is also concerned in the paper. Besides, reliance on revocable licenses is particularly acute when the copyright owner changes hands, as in bankrupcy, death or transfer. urthermore, the changes in the Creative Commons license from version 1.0 to version 3.0 are discussed and finnally, the troublesome aspects of using Creative Commons licenses. This section includes incompatibility issues and sustainability issues as well as the issue of how to decide the jurisdiction and applicable law when infringement or a breach of contract occurs.n Chapter 5, the paper outlines some different ways that Creative Commons Licenses are applied in different fields: .The public sector or government: ways to use Creative Commons License to help people access and re-use the materials produced by publicly funded bodies; .Open education resources: the importance of access to knowledge that is unequally distributed; .Non-profit organizations: the success of Wikipedia; .Six kinds of business models: “Loss Leader”, “Sell Services”, “Free the Content, sell the Platform”, “Sell the Basic Product, Let Users enhance it”, “Wrap Open Content with Commercials”, “Sell the Product, Let Users Advertise It”, and;.Collecting societies: how collecting societies tackle the new issues arising from the use of Creative Commons Licenses.
Subjects
creative commons license
the nature of license
enforceability against third parties
business models
collecting societies
Type
thesis
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