OER Background: Creative Commons (CC) - Licensing and OER

Some people are afraid that if they make their works open to change, they may be embarrassed by being associated with a poorly edited or modified work.  

To avoid this problem, people can ask to not be attributed with any modifications, or can use ND to prevent people from distributing modified versions of their works.

• 1Considerations for licensors
  • 1.1Irrevocability
    • 1.1.1Remember the license may not be revoked.
  • 1.2Type of material
    • 1.2.1Make sure the material is appropriate for CC licensing.
    • 1.2.2Specify precisely what it is you are licensing.
  • 1.3Nature and adequacy of rights
    • 1.3.1Make sure the material is subject to copyright or similar rights.
    • 1.3.2Clear rights needed to use the material.
    • 1.3.3Indicate rights not covered by the license.
  • 1.4Type of license
    • 1.4.1Think about how you want the material to be used.
    • 1.4.2Consider any obligations that may affect what type of license you apply.
  • 1.5Additional provisions
    • 1.5.1Consider offering a warranty.
    • 1.5.2Specify additional permissions, if desired.
  • 1.6Special preferences
    • 1.6.1Specify attribution information if desired.
    • 1.6.2Indicate any non binding requests.
• 2Considerations for licensees
  • 2.1Understand the license.
    • 2.1.1Read the legal code, not just the deed.
    • 2.1.2Make sure the license grants permission for what you want to do.
    • 2.1.3Take note of the particular version of the license.
  • 2.2Scope of the license.
    • 2.2.1Pay attention to what exactly is being licensed.
    • 2.2.2Consider clearing rights if you are concerned.
    • 2.2.3Some uses of licensed material do not require permission under the license.
  • 2.3Know your obligations.
    • 2.3.1Provide attribution.
    • 2.3.2Do not restrict others from exercising rights under the license.
    • 2.3.3Determine what, if anything, you can do with adaptations you make.
    • 2.3.4Termination is automatic.
  • 2.4Consider licensor preferences.
    • 2.4.1Consider complying with non-binding requests by the licensor.

So far, the opening up of copyright restrictions by the copyright owner is allowed, and holds up in court.

By adding a Creative Commons License, the copyright owner essentially gives up the legal ability to sue someone for infringement, based on license type added to the work by the copyright owner.

If the Creative Commons license was added illegally, and the copyright owner can prove it, then that is another story.

Bottom line: Don't add a Creative Commons License exception to works you do not have the right (or permission) to license.

A Creative Commons License may give you permission to add a license modifying their copyright to your derivative (remix or adaptation) of a work you borrow.

The best protection from plagiarism is to keep track of your sources and attribute/cite what you borrow. Give credit where it is due.