Creative Commons Enforcement

Sep 17, 2011Download as KEY, PDF3 likes13,617 views

1) Creative Commons licenses have been enforced in courts in various countries, including Belgium, Israel, and Germany. In these cases, authors sued for license breaches when their works were used without proper attribution or for commercial purposes without permission. 2) Community enforcement of Creative Commons licenses also occurs, such as when a far-right political party used an image without attribution and the author sought an injunction. 3) The document argues that while legal enforcement is important, over-reliance on lawyers could undermine the Creative Commons movement. Instead, Creative Commons should focus on building databases and improving licenses to make them more user-friendly, especially for institutions.



Creative Commons
Enforcement Issues
Andrés Guadamuz
CC Costa Rica


2

Löki http://www.flickr.com/photos/tyltu/4041895378/ Apologies


3

Joi Ito, http://www.flickr.com/photos/joi/548050025/

Some background


3 types of
cases

Authors sue for licence breach /
infringement.
Non-licence related (defamation)
CC is incidental



7
Case 09-1684-A (Belgium)
In 2004 Belgian band Lichôdmapwa posts song under BY-NC-
ND 2.5 (Unported?)
Festival de Theatre de Spa used song for radio ad.
Band sued for licence breach of the attribution and non-
commercial clauses.
Judge enforces the licence, band wins 4500€.



8
Avi Re'uveni v. Mapa inc.
(Israel)
Plaintiffs uploaded photographs to Flickr and and offered them
under a BY-NC-ND license.
Defendant made a collage from the plaintiffs’ and other
photographs and sold them without attribution.
The court found the defendant guilty of copyright infringement.
Court did not consider the licences.


German case

Attribution ShareAlike 3.0
Unported
Picture was used by a far-right
party without attribution.
Author sued for licence breach.
Injunction to avoid non-
compliance damages of up to
250.000,00 EUR.

Thilo Sarrazin am 3. Juli 2009 by Nina Gerlach / CC BY-SA



14
Why I think we need 4.0
We need to improve and tweak language to make it more
international.
Databases, databases, databases.
We need to make our licence more friendly for institutional
adopters.

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Creative Commons Enforcement

1.  Creative Commons Enforcement Issues Andrés Guadamuz CC Costa Rica

2.  2 Löki http://www.flickr.com/photos/tyltu/4041895378/ Apologies

3.  3 Joi Ito, http://www.flickr.com/photos/joi/548050025/ Some background

4.  4 Why enforcement?

5.  5 International conflicts

6.  5 International conflicts

7.  5 International conflicts

8.  3 types of cases Authors sue for licence breach / infringement. Non-licence related (defamation) CC is incidental

9.  7 Case 09-1684-A (Belgium) In 2004 Belgian band Lichôdmapwa posts song under BY-NC- ND 2.5 (Unported?) Festival de Theatre de Spa used song for radio ad. Band sued for licence breach of the attribution and noncommercial clauses. Judge enforces the licence, band wins 4500€.

10.  8 Avi Re'uveni v. Mapa inc. (Israel) Plaintiffs uploaded photographs to Flickr and and offered them under a BY-NC-ND license. Defendant made a collage from the plaintiffs’ and other photographs and sold them without attribution. The court found the defendant guilty of copyright infringement. Court did not consider the licences.

11.  German case Attribution ShareAlike 3.0 Unported Picture was used by a far-right party without attribution. Author sued for licence breach. Injunction to avoid non- compliance damages of up to 250.000,00 EUR. Thilo Sarrazin am 3. Juli 2009 by Nina Gerlach / CC BY-SA

12.  10 Community enforcement

13.  10 Community enforcement

14.  10 Community enforcement

15.  11 Community enforcement

16.  12 Keep the lawyers away

17.  13 Bringing in institutions

18.  14 Why I think we need 4.0 We need to improve and tweak language to make it more international. Databases, databases, databases. We need to make our licence more friendly for institutional adopters.

19.  15 Concluding...

20.  16 [email protected]

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Editor's Notes