1. Real-Time System Development
即時系統開發
Creative Commons
創用CC
薛智文
95 Fall

2. Creative Commons (CC)
The Creative Commons (CC) is a non-profit organization devoted to expanding the range of creative work available for others legally to build upon and share.
The organization has released several copyright licenses known as Creative Commons Licenses.
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3. Copyright (1)
Copyright is a set of exclusive rights regulating the use of a particular expression of an idea or information.
At its most general, it is literally "the right to copy" an original creation.
In most cases, these rights are of limited duration.
The symbol for copyright is © (Unicode U+00A9), and in some jurisdictions may alternatively be written as either (c) or (C).
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4. Copyright (2)
Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works".
These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances,
and, in some jurisdictions, industrial designs.
Copyright is a type of intellectual property; designs or industrial designs may be a separate or overlapping form of intellectual property in some jurisdictions.
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5. Copyright (3)
Copyright law covers only the particular form or manner in which ideas or information have been manifested, the "form of material expression".
It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work.
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6. Copyright (4)
Copyright law provides scope for satirical or interpretive works which themselves may be copyrighted.
For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon or creating derivative works
which copy or mimic Disney's particular anthropomorphic mouse,
but does not prohibit the creation of artistic works about anthropomorphic mice in general,
so long as they are sufficiently different to not be imitative of the original.
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7. Copyright (5)
Other laws may impose legal restrictions on reproduction or use where copyright does not - such as trademarks and patents.
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8. Aim (1)
The Creative Commons enables copyright holders to grant some of their rights to the public
while retaining others through a variety of licensing and contract schemes
including dedication to the public domain or open content licensing terms.
The intention is to avoid the problems current copyright laws create for the sharing of information.
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9. AIM (2)
The project provides several free licenses that copyright owners can use when releasing their works on the Web.
They also provide RDF/XML metadata that describes the license and the work, making it easier to automatically process and locate licensed works.
Creative Commons also provide a "Founders' Copyright" [1] contract,
intended to re-create the effects of the original U.S. Copyright created by the founders of the U.S. Constitution.
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10. "Founders' Copyright“ Background
The Framers of the U.S. Constitution understood that copyright was about balance —
a trade-off between public and private gain, society-wide innovation and creative reward.
In 1790, the U.S.'s first copyright law granted authors a monopoly right over their creations for 14 years,
with the option of renewing that monopoly for another 14.
We want to help restore that sense of balance — not through any change to the current laws —
but by helping copyright holders who recognize a long copyright term's limited benefit to voluntarily release that right after a shorter period.
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11. "Founders' Copyright“ How it Works
Rather than adopting a standard U.S. copyright that will last in excess of 70 years after the author's lifetime,
the Creative Commons and a contributor will enter into a contract to guarantee that the relevant creative work will enter the public domain after 14 years,
unless the author chooses to extend for another 14.
To re-create the functionality of a 14- or 28-year copyright, the contributor will sell the copyright to Creative Commons for $1.00, at which point Creative Commons will give the contributor an exclusive license to the work for 14 (or 28) years.
During this period, Creative Commons will list all works under the Founders' Copyright, along with each projected public domain liberation date, in an online registry.
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12. AIM (3)
All these efforts, and more, are done to counter the effects of what Creative Commons considers to be a dominant and increasingly restrictive permission culture.
In the words of Lawrence Lessig, Chairman of the Board, it is "a culture in which creators get to create only with the permission of the powerful, or of creators from the past".
Lessig maintains that modern culture is dominated by traditional content distributors in order to maintain and strengthen their monopolies on cultural products such as popular music and popular cinema,
and that Creative Commons can provide alternatives to these restrictions.
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13. History (1)
The Creative Commons licenses were pre-dated by the Open Publication License and the GNU Free Documentation License (GFDL).
The GFDL was intended mainly as a license for software documentation, but is also in active use by non-software projects such as Wikipedia.
The Open Publication License is now largely defunct, and its creator suggests that new projects not use it.
Both licenses contained optional parts that, in the opinions of critics, made them less "free".
The GFDL differs from the CC licenses in its requirement that the licensed work be distributed in a form which is "transparent", i.e., not in a proprietary and/or confidential format.
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14. History (2)
Headquartered in San Francisco, Creative Commons was officially launched in 2001.
Lawrence Lessig, the founder and chairman, started the organization as an additional method of achieving the goals of his Supreme Court case, Eldred v. Ashcroft.
The initial set of Creative Commons licenses was published on December 16, 2002.
The project itself was honored in 2004 with the Golden Nica Award at the Prix Ars Electronica, for the category "Net Vision".
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15. History (3)
The Creative Commons was first tested in court in early 2006, when podcaster Adam Curry sued a Dutch tabloid who published photos without permission from his Flickr page.
The photos were licensed under the Creative Commons NonCommercial license.
While the verdict was in favour of Curry, the tabloid avoided having to pay restitution to him as long as they did not repeat the offense.
An analysis of the decision states, "The Dutch Court’s decision is especially noteworthy because it confirms that the conditions of a Creative Commons license automatically apply to the content licensed under it, and bind users of such content even without expressly agreeing to, or having knowledge of, the conditions of the license." [6]
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16. Localization
The non-localized Creative Commons licenses were written with the U.S. legal system in mind, so the wording may not match perfectly with existing law in other countries.
Although somewhat unlikely, using the U.S. model without regard to local law could render the licenses unenforceable.
To address this issue, the iCommons (International Commons) project intends to fine-tune the Creative Commons legal wording to the specifics of individual countries. As of June 2006, representatives from 49 other countries and regions have joined this initiative, and licenses for 31 of those countries have already been completed.
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17. Creative Commons licenses (1)
These licenses all grant certain baseline rights, such as the right to distribute the copyrighted work on file sharing networks.
The rest of the license depends on the version, and is comprised of a selection of four conditions:
Attribution (by): Permit others to copy, distribute, display, and perform the work and derivative works based upon it only if they give you credit.
Noncommercial or NonCommercial (nc): Permit others to copy, distribute, display, and perform the work and derivative works based upon it only for noncommercial purposes.
No Derivative Works or NoDerivs (nd): Permit others to copy, distribute, display and perform only verbatim copies of the work, not derivative works based upon it.
ShareAlike (sa): Permit others to distribute derivative works only under a license identical to the license that governs your work. (See also copyleft.)
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18. Creative Commons licenses (2)
Mixing and matching these conditions produces sixteen possible combinations, of which eleven are valid Creative Commons licenses.
Of the five invalid combinations, four include both the "nd" and "sa" clauses, which are mutually exclusive;
and one includes none of the clauses, which is equivalent to releasing one's work into the public domain.
The five of the eleven valid licenses that lack the Attribution element have been phased out because 98% of licensors requested Attribution, but are still available for viewing on the website [1]. There are thus six regularly used licenses:
Attribution alone (by)
Attribution + Noncommercial (by-nc)
Attribution + NoDerivs (by-nd)
Attribution + ShareAlike (by-sa)
Attribution + Noncommercial + NoDerivs (by-nc-nd)
Attribution + Noncommercial + ShareAlike (by-nc-sa)
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19. Creative Commons licenses (3)
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20. Creative Commons licenses (4)
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21. Other licenses
Creative Commons also offers a number of "special" licenses, as well as an easy way to deposit material into the public domain. The special licenses are:
Sampling licenses, with three options:
Sampling - pieces of the work can be used for any purpose other than advertising.
Sampling Plus - people can take and transform pieces of the work for any purpose other than advertising; noncommercial copying of the entire work is also allowed.
Noncommercial Sampling Plus - people can take and transform pieces of the work for noncommercial purposes only. Noncommercial copying and distribution (like file-sharing) of the entire work are also allowed.
A developing nations License, which only applies to countries deemed by the World Bank as a "non-high-income economy".
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22. Projects using Creative Commons licenses
Several million pages of web content use Creative Commons licenses.
Common Content was set up by Jeff Kramer with cooperation from Creative Commons, and is currently maintained by volunteers.
Common Content is a catalog of works licensed in the Creative Commons, available to anyone for copying or creative re-use.
The catalog includes 4020 records, many of which are collections which include hundreds or thousands of other works. If you'd like to learn more check out their About page or How It Works.
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23. Criticisms
None of the Creative Commons licenses have been certified by the Open Source Initiative.
The Debian GNU/Linux distribution does not believe that any of the licenses adheres to the Debian Free Software Guidelines.
The Free Software Foundation accepts the licenses for creative works other than software and software documentation, provided the "nc" and "nd" options are not used, but recommends the Free Art license over any form of Creative Commons Licenses, citing the commonly used but overly vague statement "I use a Creative Commons license" , without noting the actual license.[1]
The Free Art license is the English language version of the License Art Libre, a French copyleft license for works of art. Created in July 2000, it is the first free license, in the spirit of the GNU General Public License, dedicated to works of art.
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