Creative Commons Licenseslicense

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2002-12-16 · 2 min read · Edit on Pyrite

A family of licenses developed by Creative Commons, a nonprofit founded by Lawrence Lessig in 2001. The first CC licenses were released December 16, 2002. Creative Commons extended the FOSS licensing tradition beyond software to creative works — text, images, music, data, film — providing a framework for sharing that mirrors the permissive/copyleft spectrum of software licensing.

The Extension of Copyleft Principles

FOSS licenses — gpl-v2, mit-license, bsd-license — were designed for software and require access to "source" in the software sense. Creative works have no direct analogue to source code, but the underlying principle — preserving the right to use, share, and build upon — translates directly.

Creative Commons formalized the translation by creating modular license components that can be combined:

  • BY (Attribution): the baseline — you must credit the creator. Every CC license except CC0 requires attribution.
  • SA (ShareAlike): the copyleft analogue. Derivative works must be licensed under the same CC terms. CC BY-SA is the closest Creative Commons equivalent to the GPL.
  • NC (NonCommercial): prohibits commercial use. This is controversial in the FOSS tradition — the open-source-definition explicitly requires that the license not discriminate against commercial use, so NC licenses are not considered "open source" for non-software content.
  • ND (NoDerivatives): prohibits modified versions. Also not considered "open" by most free culture definitions.
  • CC0 is a public domain dedication, waiving all copyright. It is closest to the most permissive end of the software license spectrum.

    Significance to the FOSS Movement

    Creative Commons emerged from the same intellectual milieu as the open source movement — Lessig was a prominent intellectual property law critic, a peer of the FOSS movement's leaders, and deeply influenced by the GPL's legal innovations. The founding of Creative Commons in 2001 represented the explicit attempt to apply FOSS principles to all of culture, not just software.

    The CC licenses became important infrastructure for the FOSS ecosystem itself: Wikipedia uses CC BY-SA, which ensures that Wikipedia's content can be shared and built upon while modifications remain open. The producing-open-source-software-2005 book by karl-fogel uses CC BY-SA. The roads-and-bridges-2016 report uses Creative Commons licensing.

    Controversies and Limitations

    The NC and ND restrictions create fragmentation: CC BY-SA and CC BY-NC-SA are incompatible, meaning content under one cannot be combined with content under the other. The FOSS movement's experience with license proliferation — the open-source-initiative has certified over 100 licenses — has been largely negative, and Creative Commons' six-plus variants create similar issues in the content world.

    The NC clause in particular is contested: many independent creators include it to prevent commercial exploitation, while open culture advocates argue it creates a "non-free" content commons that undermines the principles Creative Commons was designed to advance. CC0 and CC BY are the clearest open-license options by FOSS-movement standards.