The anatomy of Creative Commons licenses

By Chrystal Pickell Vandervest
Read time: 4 minutes

Now that you know about copyright law, you’re ready to choose a Creative Commons (CC) license. Just kidding! There’s more to know about the three layers and four elements that are combined into six CC licenses (plus the two bonus public domain tools) before you know which license is the best for your OER.  

Intermission (already? yes!): If you’re scratching your head thinking ‘I’m missing something. I don’t know about copyright law’, go read “What you need to know about copyright” first. Don’t forget to come back here when you’re done. I’ll be here waiting. 

The three layers of Creative Commons licenses

Now that you’re caught up (or you already knew about copyright), there are three layers in CC licenses. The base layer (aka legal code) is the lawyer-speak version and contains the terms and conditions that are enforceable in court.¹

The layer that sits on the legal code is the commons deeds. This is the human-speak version that you’ve probably seen in the internet wilds. The deeds are a summary of the legal code that’s easy to read but not enforceable in court. If you find yourself reading the deeds and unsure if you can do what you want with or to a creative work that is CC licensed, read the legal code!¹ 

The top layer isn’t people-friendly at all. It’s the “machine-readable” version, so it’s written in a format for (you’ve probably already guessed) applications, search engines, and other technology. This makes it easy for websites and other internet services to know if a creative work is under a CC license.¹ 

The four elements of Creative Commons licenses

When combined, these four elements make up the six CC licenses. Swipe through this slide deck to learn more about each element.²

The six Creative Commons licenses

These licenses are standardized tools that give creators a variety of choices. Swipe through this slide deck to see the CC licenses from the least to most restrictive.³

The Creative Commons (CC) also has two ‘bonus’ public domain tools for creators to use. These are not the same as the CC licenses.⁴ Swipe through this slide deck to learn more about the tools. 

CC licenses are used by creators who want to give others permissions that are restricted in the copyright law. I’ve said it before, and I’ll say it again–there are always exceptions! 

However, CC licenses don’t create copyright exceptions or limitations. Instead, they are designed to not interfere. Fair use, provisions for people with disabilities, and others aren’t restricted or limited by CC licenses. And, works in the public domain can’t be slapped with a CC license and restricted.⁵(64) 

Are these licenses even legal?

Now that you know all of this, you’re probably wondering if CC licenses are legally enforceable. (I did too!) And, I have good news for you. They are! 

The base layer (aka legal code) I talked about above was written by lawyers with the support of copyright experts from all over the world. To the Creative Commons’ knowledge, there have been few legal disputes. And, in these disputes, the courts didn’t question whether CC licenses were enforceable or valid.⁶ 

This article is the third in a series Chrystal Pickell Vandervest is writing as part of the Creative Commons certification course. The full collection of articles can be found on MCLS’s Creative Commons articles page. 

The content of this article is not legal advice. It’s for educational and informational purposes only and is not a substitute for professional advice. You are encouraged to seek professional advice and counsel.

“Layers, elements, and tools (oh, my!)” by Chrystal Pickell Vandervest is licensed by MCLS under CC BY-NC-SA 4.0

Image Attributions

”Layers” by Creaticca Creative Agency from the Noun Project licensed under CC BY 3.0
“License elements symbols” Choices for the Licensor/pg. 61. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
“License symbols” Acquiring Essential Knowledge/pg. 67. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
“Public Domain symbols” Public domain tools/pgs. 61-62. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.

Sources

¹Acquiring Essential Knowledge/pg. 59. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
²Choices for the Licensor/pg. 61. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
³Acquiring Essential Knowledge/pgs. 67-68. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
⁴Public domain tools/pgs. 61-62. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
⁵Let’s start by unpacking what it means for the license to apply where copyright applies./pg. 64. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.
⁶Acquiring Essential Knowledge/pg. 74. “Creative Commons Certificate for Educators, Academic Librarians and GLAM” by Creative Commons. CC BY 4.0.