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ARTICLE INFO
CREATIVE COMMONS LICENSES: HISTORY OF EMERGENCE AND IT'S GLOBAL APPLICATION
Orifova Mukhabbatkhon Zokhidjon qizi
Master's student at Tashkent State University of Law E-mail: [email protected] https://doi.org/10.5281/zenodo.11241687
ABSTRACT
Received: 16th May 2024 Accepted: 21th May 2024 Online: 22th May 2024 KEYWORDS Creative Commons licenses, copyright, open licences, open aaccess, free use of content, international distribution, education, scientific research, digital content.
The present scientific article analyses the key stages in the development of the Creative Commons system, its main goals and principles. It considers how the use of Creative Commons licenses contributes to the free exchange of information and the spread of open culture. Special attention is paid to the areas where the use of Creative Commons is most popular, such as art, education, and scientific research.
The article also reveals the international aspect of the use of Creative Commons licenses by examining their translation into different languages and their adaptation to the national legislation of different countries. It concludes that Creative Commons plays an important role in the development of a culture of open access to creative works on a global level.
The widespread introduction and use of information and communication technologies in various spheres of life has led to the fact that society has evolved into an information society and cannot do without the use of information and communication technologies in the performance of certain tasks, these processes are also reflected in the field of intellectual property. Internet technologies serve both government agencies and organizations to optimize information procedures and private companies to conduct business operations and simplify business processes. They provide news, statistics, reviews, access to educational programs and online libraries, transactions and purchases at any time and from anywhere in the world. Therefore, states endeavour to create a legislative framework that will ensure legal and secure access to Internet technologies, as well as protect the rights and interests of users.
In this context, the problem of infringement of intellectual property rights of right holders on the Internet is one of the most acute and topical, as the ease of copying, the intangible nature of copyright objects and the complexity of contracts on the transfer of property rights complicate the process of proving infringement of intellectual property rights. Most are of the view that as digital technology increases the complexity of copyright law, there is a growing conflict between rights holders who wish to introduce a strong anti-copying mechanism to
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protect their property and others who emphasise the importance of the public interest, including the educational sector, in accessing and using copyrighted works. Legal scholars1 and some authors have criticized the current copyright regime for its overly broad scope and duration of protection, which makes it difficult to access educational resources free of charge.
In response to the difficulties encountered, 'free licenses' appeared, intended for free use, but with attribution for software, computer programs and technical documentation. In the scientific article 'On the Relevance of the Introduction of Free Licenses into Russian Legislation' M.F.Malysheva and I.A.Strelnikova state that a free license (Free license) is a license agreement, the terms and conditions of which contain permissions to the user from the right holder for a specific list of ways to use the result of intellectual activity. Free licenses first appeared in the 80s in the USA in relation to software. They gave an opportunity to freely study, distribute and improve a software product released under a free license without asking the author's permission and without violating his exclusive copyright2. The first free licenses are the BSD license (a license for open-source software, neither the name of the organization nor the names of its members can be used to promote products based on this software without special prior written permission3), created in 1983 and the GNU GPL, existing since 1988, the essence of these licenses is that they give the right to use software freely. However, this type of license was not suitable for the distribution of works of literature, as well as objects of related rights.
One of the most effective legal mechanisms that allow convenient, open, free, legal and transparent distribution of the results of intellectual activity, namely works of literature, objects of related law is the family of Creative Commons licenses. M.A.Kolesova reports that Creative Commons licenses are «licenses that allow authors-creators to give up in favour of the public or other authors-creators some of their rights for free»4. This set of free licenses was developed by Creative Commons, founded in 2001 in the United States by Harvard Law Professor Lawrence Lessig, Hal Abelson and Eric Eldred, with the support of the Center for the Public Domain, and was published in December 2002. Creative Commons licenses are based on copyright law and allow authors and copyright holders to distribute their works on their own terms, and allow content consumers to use those works easily and readily.
Thus, the essence of Creative Commons licenses is that they allow authors (rights holders) to specify which rights to their works they wish to retain and which rights they are willing to give up. This approach, called 'some rights reserved', is different from the traditional copyright approach where all rights are reserved. In this way, authors can determine what rights they grant to the public and what rights they retain.
1 A.I. Tiunova, Y.K. Pavlova-Semion, S.K. Romanova, P.V. Brukhanov, Y.O. Obolonina. 'Journal of the Court on Intellectual Rights', No. 1 (35), March 2022, pp. 29-58 'Free use of copyright and neighbouring rights objects in the conditions of digital technologies development on the example of TDM technologies'//- [Electronic resource]. - Access mode: http://ipcmagazine.ru/asp/free-use-of-objects-of-copyright-and-related-rights-in-the-context-of-the-development-of-digital-technologies-on-the-example-of-tdm-technologies
2 M.F.Malysheva and I.A.Strelnikova. 'On the relevance of the introduction of free licences in the Russian legislation'// CyberLeninka: scientific electronic library of open access - [Electronic resource]. - Access mode: https://cyberleninka.ru/article/n/ob-aktualnosti-vvedeniya-v-rossiyskoe-zakonodatelstvo-svobodnyh-litsenziy
3 M.Yu.Kuzmenkov. 'Licence agreements used in the distribution of machine learning software packages'// CyberLeninka: scientific electronic library of open access - [Electronic resource]. - Access mode: https://cyberleninka.ru/article/n/litsenzionnye-soglasheniya-ispolzuemye-pri-rasprostranenii-programmnyh-paketov-mashinnogo-obucheniya
4 Kolesova M. A. Belarusian State University // Creative Commons Licenses. - 2011.
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Creative Commons licenses are a set of legal tools that allow individuals and organizations to grant different levels of rights to third parties to use their creative works. In addition, in countries where this is permitted by law, rightsholders can also use a Creative Commons0 license, which allows them to relinquish all exclusive rights to their works and effectively place them in the public domain.
Let's start by discussing the content of the licenses in general. The first section of each license contains a list of terms used in that license. The second section consists of a single paragraph which states that the provisions of the license do not limit, abridge or prohibit any free use under applicable law. The third section describes the rights granted to the licensee with respect to the work5. The set of these rights depends on which elements are combined in a given license. There are four elements in total: BY, SA, ND, NC.
Attribution (BY)
Under the terms of this license, others are allowed to distribute, edit, modify and use the work for commercial purposes, provided they respect the author's (or performer's) rights to be named and the phonogram producer's rights to be named on copies of the phonogram. They must also indicate that the work is distributed under a Creative Commons license.
Share Alike (SA)
The copyright holder permits the creation of derivative works provided that the derivative works are distributed under a license that is either similar to, or deemed compatible with, the original license under which the original work was made available.
Non-Commercial Use (NC)
The copyright holder authorizes the use of a work for non-commercial purposes only. However, this does not mean that such works cannot be used for commercial purposes at all. For commercial use, the copyright holder must be contacted to obtain a separate license permitting such use.
No Derivatives (ND).
The copyright holder allows reproduction, distribution, public display and performance of the work without modification, but does not allow derivative works or changes to the work.
By combining these elements, six types of Creative Commons licenses have been created.
Creative Commons licenses were originally created in the context of the US legal system. At the same time, the license may not have been consistent with the laws of other countries. To solve this problem, the iCommons (International Commons) project was founded6. Creative Commons, a non-profit organization headquartered in the United States, had by 2011 worked with more than 100 partner organizations in over 70 countries7. In these countries, Creative Commons licenses have been adapted or are in the process of being adapted to national legislation.
'Creative Commons Licenses in Public Administration'
Creative Commons licenses can be successfully applied in the sphere of public administration within the framework of e-government projects. The concept of e-government
5 Creative Commons. https://creativecommons.org/licenses/by/4.0/legalcode.ru
6 Kolesova M. A. Belarusian State University // Creative Commons Licenses. - 2011.
7 Use of Creative Commons licenses in the Russian Federation. Analytical report / Edited by Y.E. Khokhlov. - Moscow: Institute for Information Society Development, 2011. - 57 c.
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involves the use of information and communication technologies to improve the process of providing public services. This promotes the participation of citizens in the decision-making process, as well as increasing the accessibility, transparency and efficiency of the work of government agencies.
The use of Creative Commons licenses allows public authorities to place open data on their websites and portals, providing citizens with free access to this information. Thus, the use of Creative Commons licenses fits into the concept of e-government, contributing to increased openness and citizen involvement in government processes.
According to the Australian Parliament website, the content of this site is licensed under a Creative Commons Attribution Non-Commercial No-Derivatives 3.0 (BY NC-ND) license8. This indicates that the Australian Federal Government makes extensive use of open licenses, in particular the Creative Commons BY NC-ND license, to publish a wide range of parliamentary documents and materials, such as legislation, committee reports and transcripts of parliamentary proceedings. The use of this open license reflects the Government's commitment to transparency and public access to information relating to the work of the Australian Parliament. Government organizations such as the Australian Bureau of Statistics, Geoscience Australia use the CC BY 2.5 Australia license to disseminate their data and information. This Australian-licensed version of the Creative Commons Attribution license ensures that important government data, such as census data and geophysical information, is freely available to the general public.
'Creative Commons licenses in international organizations'
Most international organizations use Creative Commons licenses to make their material available for free, for example: S United Nations Organization
• UNESCO Open Educational Resources9.
UNESCO recommends the use of Creative Commons licenses for open licensing of open educational resources.
Creative Commons licenses give authors the flexibility to distribute their educational resources with different rights for users.
Thus, UNESCO actively supports the use of Open Educational Resources and Creative Commons licenses to increase access to quality educational materials worldwide.
• United Nations University OpenCourseWare Program.
S The European Cultural Foundation publishes project materials under a Creative Commons Attribution-NonCommercial-NoDerivatives (BY-NC-ND) license10.
'Creative Commons Licenses in Education'
Creative Commons licenses are widely used in education to create and provide open access to educational resources, as they allow the free use, modification, distribution and adaptation of these educational materials without copyright restrictions. This promotes the accessibility and reuse of open educational resources, enhancing opportunities for co-creation and knowledge sharing within the academic community.
8 www.aph.gov.au
9 http://oerwiki.iiep-unesco.org /
http://ocw.unu.edu / Courses_listing
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Examples of open educational resources initiative formed under Creative Commons licenses will be outlined below.
Pratham Books is a non-profit publisher in India specializing in children's books11. It uses Creative Commons licenses, in particular Creative Commons Attribution and Creative Commons Attribution-ShareAlike, to enable wider distribution, translations and reuse of its books. Pratham Books is available at low prices or can be used for free in online format through the Scribd service. The publisher also has an account on the Flickr platform, where it publishes illustrations from its community of authors under a Creative Commons Attribution-Noncommercial-ShareAlike license.
Pratham Books thus uses open Creative Commons licenses to encourage free copying, distribution and adaptation of its children's books, increasing access to quality and affordable educational materials in India. This encourages wider distribution and reuse of the publisher's content, including its visual elements.
Cybertesis is a collaborative publishing program initiated by the University of Montreal, the University of Lyon, the University of Chile and some 50 other educational institutions in Europe, Africa and the USA12. Its goal is to publish and disseminate university research in an online format. Cybertesis uses international standards for electronic publishing and technologies that facilitate access and sharing of information through interoperable tools and open-source code. Financial support for the program is provided by the Foundation Francophone des Information Networks and UNESCO. Importantly, within Cybertesis, the Creative Commons licensing system has become standard practice for managing the copyright of published scientific works. This favours the free access, dissemination and reuse of research data.
Based on the above, Creative Commons licenses are an important tool for the distribution and reuse of digital content worldwide. These versatile, flexible and open licenses allow authors to retain their copyright while making their works more accessible and reusable. Creative Commons licenses have revolutionized the way creative works are shared and used globally. By providing a flexible and user-friendly framework for licensing, Creative Commons has empowered creators to share their works more freely while maintaining control over their intellectual property. The widespread adoption of Creative Commons licenses in education, government, and the creative industries underscores their significance in promoting open access to knowledge and culture in the digital age.
References:
1. A.I. Tiunova, Y.K. Pavlova-Semion, S.K. Romanova, P.V. Brukhanov, Y.O. Obolonina. 'Journal of the Court on Intellectual Rights', No. 1 (35), March 2022, pp. 29-58 'Free use of copyright and neighboring rights objects in the conditions of digital technologies development on the example of TDM technologies'//- [Electronic resource]. - Access mode:
11 https://prathambooks.org/
12 https://cybertesis.unmsm.edu.pe/
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Innovative Academy Research Support Center UIF = 8.3 | SJIF = 7.984 www.in-academy.uz
http://ipcmagazine.ru/asp/free-use-of-objects-of-copyright-and-related-rights-in-the-context-of-the-development-of-digital-technologies-on-the-example-of-tdm-technologies
2. M.Yu.Kuzmenkov. 'License agreements used in the distribution of machine learning software packages'// CyberLeninka: scientific electronic library of open access - [Electronic resource]. - Access mode: https://cyberleninka.ru/article/n/litsenzionnye-soglasheniya-ispolzuemye-pri-rasprostranenii-programmnyh-paketov-mashinnogo-obucheniya
3. M.F.Malysheva and I.A.Strelnikova. 'On the relevance of the introduction of free licenses in the Russian legislation'// CyberLeninka: scientific electronic library of open access -[Electronic resource]. - Access mode: https://cyberleninka.ru/article/n/ob-aktualnosti-vvedeniya-v-rossiyskoe-zakonodatelstvo-svobodnyh-litsenziy
4. Kolesova M. A. Belarusian State University // Creative Commons Licenses. - 2011.
5. Use of Creative Commons licenses in the Russian Federation. Analytical report / Edited by Y.E. Khokhlov. - Moscow: Institute for Information Society Development, 2011. - 57 P.
6. https://creativecommons.org/licenses/by/4.0/legalcode.ru
7. www.aph.gov.au
8. https://cybertesis.unmsm.edu.pe/
9. http://oerwiki.iiep-unesco.org /
10. http://ocw.unu.edu / Courses_listing
11. https://prathambooks.org/
