Pmp Versions

[Vinnie Frevert]

Thispage identifies the principal improvements to the Creative Commons license suite since the publication of the first licenses (version 1.0) in December 2002, through the current version 4.0, published November 2013. It also highlights important similarities and differences among the major license versions. For more information on using CC tools or works offered under Creative Commons licenses, consult the Frequently Asked Questions page. For a further historical perspective, you are invited to review deprecated CC legal tools identified on the retired legal tools page.

Please note that the summaries below may not reflect all changes between license versions or fully or accurately describe the differences between them. CC cannot provide legal advice, and what follows is not legal advice. What follows below is a general description of differences and similarities between the license versions, for general informational purposes only. Consult your own attorney if you are in need of legal advice.

The chart below presents the major license versions, launch dates, and blog posts announcing major public comment periods, the launch of each license suite, and improvements. It does not reference the unfinished version 3.x (3.01 or 3.5) licenses, which did not include active public consultation and were never published. Version 4.0 is the premier, recommended Creative Commons license suite.

The public license development process includes the publication of drafts, formal comment periods, and transparent decision-making. In recognition of its stewardship role, CC has also made public commitments about the development of its ShareAlike licenses: the Statement of Intent for Attribution-ShareAlike licenses following the publication of 3.0. After publication of 4.0, Creative Commons posted for public comment a continuation of that statement, but that has not been finalized for lack of demonstrated need or interest of the community.

While each version of licenses is drafted to conform with copyright law, the version 4.0 license suite includes significant improvements to ensure the licenses operate well internationally. Through extensive consultation with our global network of legal affiliates, the 4.0 international license suite is designed for use in jurisdictions around the world, without the need for localization beyond translation. CC has an established a policy for official translations of the 4.0 licenses as well as other legal tools.

The chart below and linked explanations that follow detail some of the improvements and important similarities among Creative Commons license versions. Some of the explanations contain links to further information on the topic.

Starting with version 3.0, Creative Commons drafted its core suite of licenses to conform to relevant international treaties and drafting conventions. In this sense, version 3.0 and the current 4.0 international license suites are jurisdiction-agnostic: these licenses do not mention and are not drafted against any particular jurisdiction's laws or statutes. They are intended to function without adjustment in all jurisdictions around the world.

Neither the international nor the ported licenses that address database rights export the sui generis rights to jurisdictions where such rights are not recognized (the ported licenses accomplish this as well through inclusion of a territoriality limitation). This avoids the imposition of restrictions based on sui generis rights via contract where those rights are not enforceable or recognized. You may compare how different jurisdictions implemented this section of the license.

The international licenses began to address moral rights in version 3.0. In version 4.0, moral rights are waived or not asserted to the extent possible under local law, to the limited extent they would otherwise interfere with exercise of the licensed rights. This avoids establishing moral rights through the license where they would not otherwise exist, but recognizes that there are jurisdictions where this limited waiver is not possible. The attribution requirements in Section 3 of the 4.0 licenses may satisfy many jurisdictions' right of attribution; however, they are a requirement of the license regardless of whether moral rights apply to a use.

No CC license version licenses patent and trademark rights along with copyright. These rights are treated separately and are not covered by the license. In 4.0, this was made explicit to avoid confusion. However, in all license versions, implied licenses may come into play where these rights would interfere with exercise of the rights granted by the CC license.

In the 1.0, 2.0, 2.5, and 3.0 licenses, attribution may be reasonable to the medium or means, and applied to all elements other than certain notices where the requirement is firm. In 4.0, this explicit permission applies to the medium, means, and context of use. We believe this to be a clarification rather than a change: attribution reasonable to the means, medium, and context of use should be permissible for works under any CC license. Additionally, the pre-4.0 licenses specified that credit in adaptations and collections should be at least as prominent as credits for other authors; 4.0 is not specific in this regard.

In earlier license versions, compliance reasonable to means and medium of use was not expressly permitted for all elements, as certain notices were excluded; however, in 4.0 these are included in the elements that may be fulfilled in a reasonable manner.

Beginning in version 1.0, one of the requirements for proper attribution was to include the title of the licensed work; this requirement was kept in versions 2.0, 2.5, and 3.0. In Version 4.0, this requirement was eliminated to increase flexibility and ease of compliance, particularly as many works do not have titles. Users are still encouraged to include titles where supplied.

The version 1.0 licenses contained no URI requirement. In version 2.0, CC introduced the requirement to retain a URI associated with a licensed work for proper attribution if it contains copyright notices or licensing information; this was kept through 2.5 and 3.0. In version 4.0, CC reconsidered this requirement. However, it was retained based on feedback from current and potential adopters that it is important for provenance, branding, and other reasons; a URI associated with the work is required as part of attribution if reasonably practicable to retain, regardless of whether it contains copyright notices or licensing information.

In some jurisdictions, wrongfully implying that an author, publisher, or anyone else endorses a particular use of a work may be unlawful. Though not explicitly mentioned in the 1.0, 2.0, or 2.5 licenses, this has always been the case. The version 3.0 licenses contain an express no endorsement clause. In version 4.0, this clause is expressed as a limitation on the rights granted by the licensor.

In the 4.0 license suite, licensees are required to indicate if they made modifications to the licensed material. This obligation applies whether or not the modifications produced adapted material. As with all other attribution and marking requirements, this may be done in a manner reasonable to the means, medium, and context. For example, "This section is an excerpt of the original." For trivial modifications, such as correcting spelling errors, it may be reasonable to omit the notice.

In the 3.0 suite, the obligation to indicate if modifications have been made applies if they result in the creation of an adaptation (when allowed by the license). Versions 1.0, 2.0, and 2.5 do not contain this requirement directly; however, the requirement in those licenses that the original work be credited if used in an adaptation (e.g., "French translation of the Work by Original Author") is some indication that the work has been modified. Even when not required, licensees are encouraged to indicate the material has been modified, and ideally (when reasonable) to describe or specify the changes made.

Version 4.0 includes an explicit waiver of, or agreement not to assert, any right licensor may otherwise have to enforce anti-circumvention of any effective technological measures applied to licensed material. CC licensors may apply such measures to their own licensed material, but the 4.0 licenses ensure that, to the extent possible, users are able to exercise the licensed rights when applied by or with the permission of the licensor. To reinforce this, the version 4.0 licenses also expressly grant permission to circumvent those measures.

It is always possible for a licensor to upload his or her own work to a platform that applies technological protection measures, even though the licensor chooses to use a CC license. The permission for a third-party platform to apply ETMs is separate from the CC license, and the CC license cannot restrict that additional permission because CC licenses are nonexclusive. In many jurisdictions, that third party may be able to enforce ETMs through civil or criminal anti-circumvention laws even though the licensor has waived or agreed not to assert any such right under the CC license. Licensees should make themselves aware of any legal limits on their ability to circumvent ETMs in advance of doing so.

In all license versions, a breach of the license terms results in automatic termination. Under versions 1.0, 2.0, 2.5, and 3.0, express permission from the licensor is required for licensees to regain their rights to use the work. In version 4.0, a new provision allows the rights to be automatically reinstated without express permission from the licensor, provided that the violation is corrected within 30 days of its discovery. This is similar to provisions in a handful of other public licenses.

Under 4.0, licensors waive any right to collect royalties under collecting society schemes if they have chosen licenses permitting commercial uses. A licensor may collect royalties for commercial uses for works under the NonCommercial licenses.

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