Copyright and Intellectual Property Law

Intellectual Property Short Course. Materials for Universities [2 MB, PDF]

Authors:
dr hab. Marek Świerczyński, prof. UKSW (chapters 5, 6)
Marcin Wilkowski (chapters 2, 3, 4)
Radosław Czajka (chapter 4)
Jarosław Lipszyc (chapters 2, 3, 4)
Piotr Czerniawski (chapters 2, 4)
Dr. Krzysztof Siewicz (chapters 1, 3)
Publisher: Modern Poland Foundation

[source: https://prawokultury.pl/kurs/, access: 20.06.2024, license: CC-BY-SA]


Creative Commons (CC) licenses

The basic tool of CC is legal licenses, which allow replacing the traditional “All rights reserved” model with a “Some rights reserved” principle.

It is worth knowing that each time we use someone else's work under a CC license, we must also make public the license note, including: the author's personal details, the title of the work, and the type of CC license.
The exception to this rule is CC0 – currently a very popular solution that allows for any use and modification of a given work without the need to indicate the author's name.

CC licenses are the most commonly chosen way of marking copyright in open publishing. Authors who make their works available for free do not transfer their copyright, but they enable the distribution of their publications. CC licenses are based on four basic modules:
– Attribution (BY),
– non-commercial use (NC),
– on the same terms (SA),
– no derivative works (ND).
Modules can coexist (as long as they are not mutually exclusive). Below is a list and description of possible CC license designations:


 

The four basic terms of a CC license are:


Attribution (BY)
You are free to copy, distribute, display and perform the copyrighted work and any derivative works based on it provided that the original author is credited.



Non-Commercial Use (NC)
You may copy, distribute, display, and perform the copyrighted work and derivative works based on it only for non-commercial purposes.



On the same terms (SA)
You may only distribute derivative works under a license identical to the one that governs the original work.



No Derivative Works (ND)
You may copy, distribute, display and perform the work only in its original form - the creation of derivative works is not permitted.


 

From the four conditions above, we build six types of Creative Commons (CC) licenses

All Creative Commons licenses and tools are free.

The creator using the license always retains the copyright, while allowing others to copy and distribute it, and may additionally specify whether their use may only take place in non-commercial conditions or limit the possibilities of creating derivative works.

How to recognize a work in the public domain?

The term public domain is used to describe resources that:

  • they were never subject to copyright due to the time in which they were created
  • the copyright to the work has expired because 70 years have passed since the death of the author, the last of the co-authors, the date of distribution or the date of establishment of the work
  • are not subject to copyright under Article 4 of the Copyright Act (e.g. official documents and materials)
  • they are not the product of human work, e.g. geological exhibits

logo public domain

Allowed:

  • free use (no need to ask the author for permission)
  • duplication
  • remixing and changing
  • dissemination
  • use for commercial purposes

We recommend a tool that will help you choose the right license: CC license search engine

Types of Creative Commons Licenses

Allowed:

  • duplication
  • remixing and changing
  • dissemination
  • performing and presenting works in public and changing them

Duties:

  • provide the original author and a link to the license
  •  indicate changes, if any, made

Prohibited:

  • restricting others from using the work in accordance with the terms of the license

Allowed:

  • duplication
  • remixing and changing
  • dissemination
  • performing and presenting works in public

Duties:

  • provide the original author and a link to the license
  • indicate changes, if any, made
  • distributing the work grant the same license

Prohibited:

  • restricting others from using the work in accordance with the terms of the license

Allowed:

  • duplication
  • dissemination
  • performing and presenting works publicly, also for commercial purposes, in any place and format

Duties:

  • provide the original author and a link to the license

Prohibited:

  • restricting others from using the work in accordance with the terms of the license
  • making modifications and distributing the work with the changes

Allowed:

  • duplication
  • remixing and changing
  • dissemination
  • performing and presenting works in public

Duties:

  • provide the original author and a link to the license
  •  indicate changes, if any, made

Prohibited:

restricting others from using the work in accordance with the terms of the license

  • use for commercial purposes

Allowed:

  • duplication
  • remixing and changing
  • dissemination
  • performing and presenting works in public

Duties:

  • provide the original author and a link to the license
  • indicate changes, if any, made
  • when distributing the work, grant the same license

Prohibited:

  • restricting others from using the work in accordance with the terms of the license
  • use for commercial purposes

Allowed:

  • duplication
  • dissemination
  • performing and presenting works in public

Duties:

  • provide the original author and a link to the license
  • leave the song in its original form

Prohibited:

  • distributing modified content
  • use for commercial purposes