When an author grants a CC license to his work, he is authorizing any person and in a non-exclusive way specific uses of the same, more permissive than those allowed by the Intellectual property law:
Works without a free access license ONLY can be used according to the one established by Intellectual property law:
The six usage licenses Developed by Creative Commons allow the reproduction, distribution and public communication of the original work and, in some cases, its commercialization and / or creation of derivative works such as translations, abstracts or children's versions.
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Attribution - NonCommercial: The creation of derivative works is allowed. Commercial use of the original work or the possible derivative works is not allowed |
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Attribution - NonCommercial - Share Share: The creation of derivative works is allowed. No commercial use of the original work or possible derivative works is permitted, the distribution of which must be done with the same CC license or with a license equivalent to the one that regulates the original work. |
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Attribution - NonCommercial - SenseObraDerivada: Commercial use of the original work or the generation of derivative works is not allowed |
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Recognition: The commercial use of the work and possible derivative works is allowed, the generation and distribution of which is also allowed without any restriction. |
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Recognition - ShareAlike: The commercial use of the work and of the possible derived works is allowed, the distribution of which must be done with the same CC license or with a license equivalent to the one that regulates the original work. |
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Attribution - SenseObraDerivada: The commercial use of the work is allowed but not the generation of derivative works. |
It should be taken into account that authorizations ofcommercial uses that can be made through CC licenses refer to the uses that are made of the document, not the type of user who uses them. For example, a private company can upload a "non-commercial" CC-licensed document to its website or intranet as long as it does not require any financial consideration for access (despite being a commercial company, users freely access the work without making any payment).
Best practices for attribution (how to indicate authorship and CC license)
The author is the one who has the moral and exploitation right of his work and, therefore, who can communicate it publicly to an institutional deposit or website (with or without a CC license, according to the acts of exploitation that want to authorize third parties).
However, in the case of a published or soon-to-be-published work, the author must bear in mind that he can only do so if he has not exclusively assigned the corresponding rights of exploitation to a third party (publisher), in especially the right of public communication (right that would allow you to upload your document to the web or repository). Otherwise, you can only communicate the work with the permission of the rights holder.
In case the holder of the rights grants the CC license of partial form, it is recommended to detail this clearly. For example, the license icon may be displayed with a general notice, additionally marking the specific materials to which the license does not apply through an explanatory text such as "© copyright holder - used with permission"or"CC license does not apply to this image".
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© Name of the owner of the exploitation rights, 2021 Unless stated otherwise, the contents of this work are subject to the Creative Commons license: Attribution-NonCommercial-Share Share 3.0 Spain |
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© Name of the owner of the exploitation rights, 2021 The contents of this document (except texts and images not created by the author) are subject to the Creative Commons license: Attribution-NonCommercial 3.0 Spain |
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As set out in Section 7 of the CC Licensing Code (e.g., CC by-nc-nd):
"This license and the granting of the rights it contains will automatically end Should any of the terms be disregarded. However, the license of those persons or entities that have received your collections with this license will not be annulled, as long as these persons or entities are maintained in full compliance with this license. The 1, 2, 5, 6, 7, and 8 sections will remain in effect even though you complete this license.
In accordance with the above conditions, the granting of rights under this license is in force for the entire term of protection of intellectual property rights according to applicable law. Despite this, llicenciador reserves the right to disclose or publish the work or service in different conditions to the present, or withdraw it anytime. However, This will not mean that this license is terminated (or any other license that has been granted, or must be granted, under the terms of this license), but will continue in force and with full effects, unless it has been completed in accordance with the provisions established above, notwithstanding the moral right of repentance in the terms recognized by the applicable intellectual property law. "
In other words, the rights of CC licenses are granted in a non-exclusive and perpetual way under these requirements:
Therefore, although the author may withdraw or change the license initially granted to his work, this does not affect the people who have already used it under the original license (respecting all the conditions thereof).
There are several licenses approved by Creative Commons that are compatible with both licenses CC BY-SA (Recognition-Share Share) i CC BY-NC-SA (Attribution-NonCommercial-Share Share).
Therefore, when an author performs a work derived from a work with one CC BY-SA o BY-NC-SA, you have the option of using one of the compatible licenses, depending on the specific version of the original CC license:
The six CC licenses have been adapted to many jurisdictions, as in the case of Spanish jurisdiction.
Since the goal of Creative Commons is to ensure that licenses are legally effective worldwide, and has created version 4.0, a version based on various international copyright treaties. In this way, countries that do not have licenses adapted to their own jurisdiction can use these international licenses.
the new 4.0 version of international licenses, among others, present the following improvements:
| Internationalization | Adaptation to the legislations of almost all countries in order to guarantee their operability throughout the world and possible use by intergovernmental organizations |
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| Interoperability | maximization of interoperability between CC licenses and other licenses |
| Databases | right coverage"sui generis"from databases, except explicit exclusion of lliceinitiator |
| authorship | Improvement of the procedure with which an author may request the non-mention of his authorship, both in the reproductions of his work and in the works derived therefrom. In addition, the users of the works can recognize the authorship of the works used through a link to a web page where this information is listed. |
| other | "What's New in 4.0" |
The works of public domain are those whose exploitation rights have been extinguished and which, therefore, can be used freely by any person without having to ask permission or pay the original owner (provided that their authorship and integrity are respected , in the terms provided for in sections 3rd and 4th from article 14 of the Intellectual property law).
The Scholar's Copyright Addendum Engine (SCAE)is an online tool developed by Science Commons and the Publishing and Academic Resources Coalition (SPARC) with which authors obtain a document where they can indicate to the editors of their articles the copyright they want to retain. Then they just have to print it out and attach it to the “copyright transfer agreement” (which they have to sign and send to the publisher).
L'(SCAE) allows you to generate different annexes depending on the rights you want to retain (immediate communication or embargo, granting a CC license, ...). In any case, authors always reserve the right to communicate their "peer-reviewed articles" to institutional repositories, as well as the right to use them in their own works.
Given the origin of its components, it is necessary to take great care of the legal aspects related to the creation and distribution of free software.
The GNU licenses They are free software licenses with which authors have a tool to authorize the execution of their software freely. There are several GNU licenses, which include the GNU General Public License (LPG or ordinary LPG) I la GNU Lesser General Public License (LGPL or reduced GPL).
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| GNU LGPL license | |
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For more information, go to:
RightsStatements.org is a project that aims to offer various cultural heritage management institutions declarations of rights to inform the public about the copyright protection regime and the possibilities of reusing digital objects
Declarations of rights have been prepared to address the specific needs of cultural heritage management institutions and online cultural heritage aggregation platforms; are not intended to be used by individuals for llicestart your own works (in this case, consider using a license Creative Commons).
| Works distributed under CC licenses |
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YouTube It offers authors who want the possibility of granting a license Creative Commons BY in your videos.
To retrieve these videos to the platform, follow these steps:
1. Make the search of interest to YouTube
2. Activate the “Filter"
3. Select “Creative Commons” in the “ columnFunctions"
4. In the results screen, select the object object video
5. Activate “Show more”To be able to consult the licencia CC granted
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L'Unpaywall button is an extension for Chrome and Firefox that, using a padlock icon, indicates existing versions with free and open access to articles published in paid scientific journals. Thus, when you want to read an article from a magazine that we have not subscribed to,Unpaywall button provides the other existing versions of the same article with open access (in ArXiv, PubMed Central among others). According to its creators, the probability of finding an open copy of an article is between 50% and 80%. |
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How can I share it? is an informative tool of what uses can be made of each publication. Once the DOI is provided and it is indicated if we are the authors, it offers the following information:
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The electronic resources contracted to a supplier under a license of use not more they may be used as permitted and / or prohibited by the corresponding license of use. This license is subject to negotiation between the supplier lliceinitiator ("licensor ") and the client llicenciatari ("licensee ") at the time of hiring.
If you want to use a work (in a way that is not allowed for any exception to the Intellectual property law) and this one is not subject to a license of use that determines the usages that can be done, it is necessary to contact the holder of the corresponding operating rights.
In this sense, the symbol of the copyright © indicates that a work is subject to copyright (with a reservation of rights of exploitation by the owner), as well as the name of the person who owns these rights and the year of disclosure of the work .
On the other hand, some repositories / search engines also provide metadata that informs of the access conditions of these works with reservation of rights and without a license to use: free online access, restricted access for reasons of confidentiality, etc.
