Making TOS Work With CC - Revision history

CCID-shinchpearson at 14:27, 31 October 2014

2014-10-31T14:27:29Z

← Older revision		Revision as of 14:27, 31 October 2014
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	If you choose to apply a CC license to this category of content, you should --		If you choose to apply a CC license to this category of content, you should --

	:*remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits. For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.		:*'''''remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits.''''' For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.

			'''Other considerations for your content:'''

	:'''Representations & warranties:''' Although the CC license itself does not include any reps or warranties, the license does not prohibit you, as the rights holder, from including reps and warranties about the content in the TOS.		:'''Representations & warranties:''' Although the CC license itself does not include any reps or warranties, the license does not prohibit you, as the rights holder, from including reps and warranties about the content in the TOS.
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	:With either approach:		:With either approach:

			:*'''''remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits.''''' For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.

			'''Other considerations for contributor content:'''

	:'''Representations & warranties''' - You may get representations and warranties from uploaders or ask uploaders to agree to particular terms and conditions via the TOS. For example, the TOS may ask contributors to provide assurances that they own the necessary rights to upload and license the content, or they may require uploaders to agree to be attributed in a particular manner.		:'''Representations & warranties''' - You may get representations and warranties from uploaders or ask uploaders to agree to particular terms and conditions via the TOS. For example, the TOS may ask contributors to provide assurances that they own the necessary rights to upload and license the content, or they may require uploaders to agree to be attributed in a particular manner.

	::''Sample language:'' "You represent, warrant, and agree that no ~~Content~~ posted or otherwise shared by you on any of the ~~Websites~~, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material."		::''Sample language:'' "You represent, warrant, and agree that no content posted or otherwise shared by you on any of the websites, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material."

	:'''Automatic upgrade clause:''' Since only the rights holder can apply a license to the content, it is important to obtain permission to use contributor content under '''future versions''' of the relevant CC license at the time of upload.		:'''Automatic upgrade clause:''' Since only the rights holder can apply a license to the content, it is important to obtain permission to use contributor content under '''future versions''' of the relevant CC license at the time of upload.

	::''Sample language:'' “You ~~hereby~~ agree that ~~all Content you own~~ and ~~voluntarily post on the Websites~~ may be used under the terms of ~~the Creative Commons Attribution 4.0 International~~ license or any later version of a Creative Commons Attribution ~~International~~ License.”		::''Sample language:'' “You agree that your content: (a) is hereby licensed under the Creative Commons Attribution 4.0 license and may be used under the terms of that license or any later version of a Creative Commons Attribution License.”

	===3. third party content (i.e. content owned by someone other than the uploader)===		===3. third party content (i.e. content owned by someone other than the uploader)===

CCID-shinchpearson: /* 3. third party content (i.e. content owned by someone other than the uploader) */

2014-10-31T14:11:39Z

3. third party content (i.e. content owned by someone other than the uploader)

← Older revision		Revision as of 14:11, 31 October 2014
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	===3. third party content (i.e. content owned by someone other than the uploader)===		===3. third party content (i.e. content owned by someone other than the uploader)===

	~~There are several types~~ of third party ~~content that can be allowed for upload via TOS:~~		If you want to allow the upload of third party CC-licensed content, you should:
	*content that the uploader has permission to upload (including CC-licensed content),
	*content that falls outside of copyright (i.e. is in the public domain), and
	*content that the uploader has the right to upload because of an exception or limitation to copyright (e.g., fair use).

			:'''Avoid asking for a sublicense.''' Importantly, CC licenses don't give licensees the right to grant a sublicense directly to others without the permission of the licensor. This means uploaders of third party CC-licensed content would not be granting you (or the public) any rights directly. Therefore, enabling upload of third party CC-licensed content requires that the TOS not require a direct license to the content from the uploader. If you do ask for a sublicense, then users should be directed not to upload third party CC-licensed content or that to do so requires they get express permission from the third party to grant the sublicense.

	~~Each category carries with it a different level of risk and related considerations~~. ~~For each category:~~		::''Sample language:'' “For content you post on the websites that is not owned by you, you agree that all such content must be available under the Creative Commons Attribution 4.0 International license, or be in the public domain (such as content that is not copyrightable or content made available under CC0).”

	:'''~~Require clear marking~~.''' ~~If you allow upload~~ of ~~third party content, the TOS~~ should ~~require uploaders to mark the content appropriately so that users~~ of the ~~website can discern the relevant copyright status and attribution information~~. ~~[Note that appropriate marking is also important~~ for third party content ~~uploaded by you~~.]		:'''Specify which licenses are allowed.''' There are six types of CC licenses with varying reuse conditions. You should consider which of the licenses are compatible with your site. For example, if you want all content on your site to be available for commercial reuse, you should not allow upload of third party content under an NC license.

	::''~~Sample language:~~'' ~~“All Content you supply must be~~ appropriately ~~marked with licensing (or other permission status)~~ and attribution information.”		:'''Require clear marking.''' The TOS should require uploaders to mark the content appropriately so that users of the website can discern the relevant license conditions and attribution information. [Note that appropriate marking is also important for third party content uploaded by you.]

	~~For~~ the upload ~~of third party CC-licensed content:~~		::''Sample language:'' “All of the content you upload must be appropriately marked with licensing (or other permission status such as fair use) and attribution information."

	:'''Consider whether marking will be effective.''' ~~If you allow upload of CC-licensed content owned by someone other than the uploader, you~~ should consider whether it will be easy for users of the site to determine what content is available under what license. In some cases, such as with photos or other media, it is simple to mark specific content with licensing information, so ~~there is no need~~ to ~~limit the type of CC-licensed~~ content ~~that is uploaded~~. In others cases, such as with textual content, it may be prudent to limit upload of third party content to content available under the exact CC license (or at least a compatible license) to that used on ~~contributor~~ content. This is because it can be difficult to discern what content was contributed under which terms. For example, if you require BY-SA for contributor content, then you could allow upload of third party content only if it is licensed under BY or BY-SA.		:'''Consider whether marking will be effective.''' You should consider whether it will be easy for users of the site to determine what content is available under what license. In some cases, such as with photos or other media, it is simple to mark specific content with licensing information, so reusers can determine what terms and conditions apply to what content. In others cases, such as with textual content, it may be prudent to limit upload of third party content to content available under the exact CC license (or at least a compatible license) to that used on other content on the site. This is because it can be difficult to discern what content was contributed under which terms. For example, if you require BY-SA for contributor content, then you could allow upload of third party content only if it is licensed under BY or BY-SA.

	::''Sample language:'' “If ~~Content~~ you ~~do not own~~ is not ~~available under these terms~~, you ~~must not post~~ it ~~on the Websites, except that you may upload~~ media ~~files~~ that ~~are~~ available under any Creative Commons license or if you are authorized by law to ~~do so, for example~~, under the fair use doctrine.”		::''Sample language:'' “If content you upload is not owned by you, you hereby agree that it (i) is available under a Creative Commons Attribution 4.0 license or (ii) is a media file that is available under any Creative Commons license or that you are authorized by law to post or share through any of the Services, such as under the fair use doctrine, and that is prominently marked as being subject to third party copyright."

	:'''Do not ask for a sublicense.''' Importantly, CC licenses don't give licensees the right to grant a sublicense directly to others without the permission of the licensor. This means uploaders of third party CC-licensed content would not be granting you (or the public) any rights directly. Therefore, enabling upload of third party CC-licensed content requires that the TOS not require a direct license to the content from the uploader. If you do ask for a sublicense, then users should be directed not to upload third party CC-licensed content or that to do so requires they get express permission from the third party to grant the sublicense.

	::''Sample language:'' “For Content you post on the Websites that is not owned by you, you agree that all such Content must be available under the Creative Commons Attribution 4.0 International license, or be in the public domain (such as Content that is not copyrightable or Content made available under CC0).”

	'''Note and Disclaimer: Creative Commons is not a law firm. CC does not provide legal advice. Any information provided or linked to here is for general informational purposes only, and must not be relied upon as legal advice. You should consult your own lawyer if you need legal advice.'''		'''Note and Disclaimer: Creative Commons is not a law firm. CC does not provide legal advice. Any information provided or linked to here is for general informational purposes only, and must not be relied upon as legal advice. You should consult your own lawyer if you need legal advice.'''

CCID-tvol: /* Categories of content */

2014-08-26T16:49:31Z

Categories of content

← Older revision		Revision as of 16:49, 26 August 2014
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	===Categories of content===		===Categories of content===
	Generally, ~~tThere~~ are three types of content to consider when integrating CC licensing to your site:		Generally, there are three types of content to consider when integrating CC licensing to your site:
	# content owned by you, the platform provider;		# content owned by you, the platform provider;
	#content owned by contributors; and		#content owned by contributors; and

CCID-diane peters at 16:46, 20 August 2014

2014-08-20T16:46:15Z

CCID-shinchpearson: added header

2014-05-02T17:52:49Z

added header

← Older revision		Revision as of 17:52, 2 May 2014
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	While we try to make CC licensing as simple as possible, the fact remains that copyright is complicated, and there are lots of things to consider when you decide to integrate CC licensing to your website. This page addresses one of the necessary components -- offering guidelines and considerations to help you update your website terms of service ~~("TOS")~~ to make them work with your use of CC licenses.		===CC implementation: guidelines for website terms of service ("TOS")===
			While we try to make CC licensing as simple as possible, the fact remains that copyright is complicated, and there are lots of things to consider when you decide to integrate CC licensing to your website. This page addresses one of the necessary components -- offering guidelines and considerations to help you update your website terms of service to make them work with your use of CC licenses.

	===Categories of content===		===Categories of content===

CCID-shinchpearson: Sarah Pearson moved page Terms of Service Guidelines to Making TOS Work With CC: More descriptive

2014-05-02T17:48:00Z

Sarah Pearson moved page Terms of Service Guidelines to Making TOS Work With CC: More descriptive

← Older revision	Revision as of 17:48, 2 May 2014
(No difference)

CCID-shinchpearson: removed confusing bullet about having rights in content you own

2014-05-02T15:56:35Z

removed confusing bullet about having rights in content you own

← Older revision		Revision as of 15:56, 2 May 2014
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	===1. content owned by you as platform provider===		===1. content owned by you as platform provider===
	If you choose to apply a CC license to this category of content, you should --		If you choose to apply a CC license to this category of content, you should --
	~~:*make sure you have [http://wiki.creativecommons.org/Considerations_for_licensors_and_licensees#Clear_rights_needed_to_use_the_material. the rights you need] to license it under a CC license; and~~

	:*remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits. For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.		:*remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits. For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.

CCID-shinchpearson at 15:50, 1 May 2014

2014-05-01T15:50:24Z

← Older revision		Revision as of 15:50, 1 May 2014
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	While we try to make CC licensing as simple as possible, the fact remains that copyright is complicated, and there are lots of things to consider when you decide to integrate CC licensing to your website. This page addresses one of the necessary components -- offering guidelines and considerations to help you update your website terms of service to make them work with your use of CC licenses.		While we try to make CC licensing as simple as possible, the fact remains that copyright is complicated, and there are lots of things to consider when you decide to integrate CC licensing to your website. This page addresses one of the necessary components -- offering guidelines and considerations to help you update your website terms of service ("TOS") to make them work with your use of CC licenses.

	===Categories of content===		===Categories of content===

LuisVilla: /* 2. content owned by contributors */ - clarify opening sentence

2014-04-18T22:20:07Z

2. content owned by contributors: - clarify opening sentence

← Older revision		Revision as of 22:20, 18 April 2014
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	===2. content owned by contributors===		===2. content owned by contributors===
	If you want to require contributors to CC-license ~~their~~ content, there are two different approaches --		If you want to require contributors to CC-license the content they upload to your platform under the TOS, there are two different approaches --
	:*The simplest approach is to insert a provision into the TOS that requires contributors to grant a CC license to their content upon upload to the site. In that scenario, you (the platform provider) get the same rights to use the content under copyright as the public under the CC license.		:*The simplest approach is to insert a provision into the TOS that requires contributors to grant a CC license to their content upon upload to the site. In that scenario, you (the platform provider) get the same rights to use the content under copyright as the public under the CC license.

LuisVilla: /* 1. content owned by you as platform provider */ - slightly clarify this sentence about reps and warranties

2014-04-18T22:19:00Z

1. content owned by you as platform provider: - slightly clarify this sentence about reps and warranties

← Older revision		Revision as of 22:19, 18 April 2014
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	:*remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits. For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.		:*remove provisions from the TOS that limit or impose additional conditions on uses the CC license permits. For example, the TOS must not have more burdensome attribution requirements than what is required by the CC license.

	:'''Representations & warranties:''' Although the CC license itself does not include any reps or warranties, as the rights holder ~~you may include~~ reps and warranties about the content in the TOS.		:'''Representations & warranties:''' Although the CC license itself does not include any reps or warranties, the license does not prohibit you, as the rights holder, from including reps and warranties about the content in the TOS.

	===2. content owned by contributors===		===2. content owned by contributors===

← Older revision		Revision as of 16:46, 20 August 2014
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	===CC implementation: guidelines for website terms of service ("TOS")===		===CC implementation: guidelines for website terms of service ("TOS")===
	While we try to make CC licensing as simple as possible, the fact remains that copyright is complicated, and there are lots of things to consider when you decide to integrate CC licensing to your website. This page ~~addresses one of the necessary components -- offering~~ guidelines and considerations to help you update your website terms of service to make them work with your use of CC licenses.		While we try to make CC licensing as simple as possible, the fact remains that copyright is complicated, and there are lots of things to consider when you decide to integrate CC licensing on your website. This page offers guidelines and considerations to help you update your website terms of service to make them work with your use of CC licenses.

	===Categories of content===		===Categories of content===
	~~There~~ are three ~~buckets~~ of content to consider when integrating CC licensing to your site:		Generally, tThere are three types of content to consider when integrating CC licensing to your site:
	# content owned by you, the platform provider;		# content owned by you, the platform provider;
	#content owned by contributors; and		#content owned by contributors; and
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	CC licensing can be used for any or all of these ~~buckets~~. ~~For each bucket of content, regardless~~ of whether you use CC licensing, the terms of service should define the universe of ~~applicable~~ content, ~~and address ownership of~~ the content ~~and its applicable licensing~~ terms, and ~~the~~ conditions of upload ~~where relevant~~.		CC licensing can be used for any or all of these types of contents. Regardless of whether you use CC licensing, the terms of service should define the universe of content that it addresses, who owns the content, the terms under which it is licensed, and any conditions of upload.

	===1. content owned by you as platform provider===		===1. content owned by you as platform provider===
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	:*The simplest approach is to insert a provision into the TOS that requires contributors to grant a CC license to their content upon upload to the site. In that scenario, you (the platform provider) get the same rights to use the content under copyright as the public under the CC license.		:*The simplest approach is to insert a provision into the TOS that requires contributors to grant a CC license to their content upon upload to the site. In that scenario, you (the platform provider) get the same rights to use the content under copyright as the public under the CC license.

	:*The alternative (and more common) approach is used when a platform provider needs more rights from contributors under copyright than the relevant CC license grants – for example, if the platform provider ~~needs to obtain~~ commercial rights from the author but wants to have uploaders grant a CC license allowing content to be used for noncommercial purposes only. In that case, the TOS should include a separate license to the content from contributors to the platform provider and include the provision requiring contributors to grant a CC license to their content upon upload to the site.		:*The alternative (and more common) approach is used when a platform provider needs more rights from contributors under copyright than the relevant CC license grants – for example, if the platform provider wants commercial rights from the author but wants to have uploaders grant a CC license allowing content to be used for noncommercial purposes only. In that case, the TOS should include a separate license to the content from contributors to the platform provider and include the provision requiring contributors to grant a CC license to their content upon upload to the site.

	:With either approach:		:With either approach:

	:'''Representations & warranties''' - You may get ~~reps~~ and warranties from uploaders or ask uploaders to agree to particular terms and conditions via the TOS. For example, the TOS may ask contributors to provide assurances that they own the necessary rights to upload and license the content, or they may require uploaders to agree to be attributed in a particular manner.		:'''Representations & warranties''' - You may get representations and warranties from uploaders or ask uploaders to agree to particular terms and conditions via the TOS. For example, the TOS may ask contributors to provide assurances that they own the necessary rights to upload and license the content, or they may require uploaders to agree to be attributed in a particular manner.

	::''Sample language:'' "You represent, warrant, and agree that no Content posted or otherwise shared by you on any of the Websites, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material."		::''Sample language:'' "You represent, warrant, and agree that no Content posted or otherwise shared by you on any of the Websites, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory, or otherwise unlawful material."
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	For the upload of third party CC-licensed content:		For the upload of third party CC-licensed content:

	:'''Consider whether marking will be effective.''' If you allow upload of CC-licensed content owned by someone other than the uploader, you should consider whether it will be easy for users of the site to determine what content is available under what license. In some cases, such as with photos or other media, it is simple to mark specific content with licensing information, so there is no need to limit the type of CC-licensed content that is uploaded. In others cases, such as with textual content, it may be prudent to limit upload of third party content to content available under the exact CC license (or at least a compatible license) to that used on contributor content. For example, if you require BY-SA for contributor content, then you could allow upload of third party content only if it is licensed under BY or BY-SA.		:'''Consider whether marking will be effective.''' If you allow upload of CC-licensed content owned by someone other than the uploader, you should consider whether it will be easy for users of the site to determine what content is available under what license. In some cases, such as with photos or other media, it is simple to mark specific content with licensing information, so there is no need to limit the type of CC-licensed content that is uploaded. In others cases, such as with textual content, it may be prudent to limit upload of third party content to content available under the exact CC license (or at least a compatible license) to that used on contributor content. This is because it can be difficult to discern what content was contributed under which terms. For example, if you require BY-SA for contributor content, then you could allow upload of third party content only if it is licensed under BY or BY-SA.

	::''Sample language:'' “If Content you do not own is not available under these terms, you must not post it on the Websites, except that you may upload media files that are available under any Creative Commons license or if you are authorized by law to do so, for example, under the fair use doctrine.”		::''Sample language:'' “If Content you do not own is not available under these terms, you must not post it on the Websites, except that you may upload media files that are available under any Creative Commons license or if you are authorized by law to do so, for example, under the fair use doctrine.”

	:'''Do not ask for a sublicense.''' Importantly, CC licenses don't give licensees the right to grant a sublicense directly to others without the permission of the licensor. This means uploaders of third party CC-licensed content would not be granting you (or the public) any rights directly. Therefore, enabling upload of third party CC-licensed content requires that the TOS not require a direct license to the content from the uploader.		:'''Do not ask for a sublicense.''' Importantly, CC licenses don't give licensees the right to grant a sublicense directly to others without the permission of the licensor. This means uploaders of third party CC-licensed content would not be granting you (or the public) any rights directly. Therefore, enabling upload of third party CC-licensed content requires that the TOS not require a direct license to the content from the uploader. If you do ask for a sublicense, then users should be directed not to upload third party CC-licensed content or that to do so requires they get express permission from the third party to grant the sublicense.

	::''Sample language:'' “For Content you post on the Websites that is not owned by you, you agree that all such Content must be available under the Creative Commons Attribution 4.0 International license, or be in the public domain (such as Content that is not copyrightable or Content made available under CC0).”		::''Sample language:'' “For Content you post on the Websites that is not owned by you, you agree that all such Content must be available under the Creative Commons Attribution 4.0 International license, or be in the public domain (such as Content that is not copyrightable or Content made available under CC0).”

	'''Note and Disclaimer: Creative Commons is not a law firm. CC does not provide legal advice. Any information provided or linked to here is for general informational purposes only, and must not be relied upon as legal advice. You should consult your own lawyer if you need legal advice.'''		'''Note and Disclaimer: Creative Commons is not a law firm. CC does not provide legal advice. Any information provided or linked to here is for general informational purposes only, and must not be relied upon as legal advice. You should consult your own lawyer if you need legal advice.'''