|Creative commons international the international license porting project|
|Citation:||JIPITEC 1 (1): . 2010 March.|
|Publication type:||Journal article|
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When Creative Commons (CC) was founded in 2001, the core Creative Commons licenses were drafted according to United States Copyright Law. Since their first introduction in December 2002, Creative Commons licenses have been enthusiastically adopted by many creators, authors, and other content producers – not only in the United States, but in many other jurisdictions as well. Global interest in the CC licenses prompted a discussion about the need for national versions of the CC licenses. To best address this need, the international license porting project ("Creative Commons International" – formerly known as "International Commons") was launched in 2003. Creative Commons International works to port the core Creative Commons licenses to different copyright legislations around the world. The porting process includes both linguistically translating the licenses and legally adapting the licenses to a particular jurisdiction such that they are comprehensible in the local jurisdiction and legally enforceable but concurrently retain the same key elements. Since its inception, Creative Commons International has found many supporters all over the world. With Finland, Brazil, and Japan as the first completed jurisdiction projects, experts around the globe have followed their lead and joined the international collaboration with Creative Commons to adapt the licenses to their local copyright. This article aims to present an overview of the international porting process, explain and clarify the international license architecture, its legal and promotional aspects, as well as its most recent challenges.
"This article aims to present an overview of the international porting process, explain and clarify the international license architecture, its legal and promotional aspects, as well as its most recent challenges."
|Theories:||"The concept of the author’s moral rights goes back to
the early days of copyright in the Continental European regimes.20 The theory behind moral rights according to European Continental law is that authors of copyrightable works have inalienable rights21 in their works that protect their moral or personal interest and that complement the author’s economic rights."
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"Creative Commons’ licenses and other tools provide an additional option for copyright creators and right holders to structure their rights in a more flexible way. In this way, the “best-of both-worlds” is offered: a way to protect creative works while encouraging certain uses of them, tailored to each creators individual preference. Creative Commons’ global porting project ensures that this new way of balancing copyright can be exercised on an international level and at the same time helps to increase the global commons of easily accessible content. Concurrently, a network of international legal and technical experts has been built to collaborate on the internationalization of the core Creative Commons licensing suite, license maintenance and legal commentary on new license versions.
Although with the support of the international network the Creative Commons licensing suite has been successfully ported to more than 50 jurisdictions, there are still some interesting legal questions to be discussed and researched. In particular, questions of Private International Law and how Creative Commons licensing can best interact with and become compatible with other open content licensing models are two topics that need to be addressed in order to complete the international project and achieve an internationally functioning structure. There is no doubt that there are still many problems to be solved, but there is also no doubt that many of these issues can be resolved by the international network and the global Creative Commons community itself."
"Operation: Licensing: Creative Commons"