• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Legal123.com.au

Legal123.com.au

  • Individual Templates
    • Confidentiality Agreement (NDA)
    • Contractor Agreement
    • Copyright Infringement Notice
    • Disclaimer Templates
    • Holiday Rental Agreement
    • Letter of Demand
    • Power of Attorney
    • Privacy Policy
    • Privacy Policy GDPR Clauses
    • Trademark Registration
    • Website Contract
    • Will & Codicil
  • Legal Packages For
    • App Developers
    • Coaches
    • Consultants
    • Copywriters
    • Graphic Designers
    • Personal Trainers
    • Photographers
    • Property Managers
    • Web Developers
    • Website Legal Package [most popular]
  • Free Legal Guides
  • Contact

The Pros and Cons of Creative Commons Licences

Every creative work has automatic Copyright protection from the moment it is actually ‘created’. Nobody can use, share, copy or alter the work without the creator’s express permission.

The one exception is ‘fair use’ – where a portion of the work may be quoted, for example, when being critiqued, commented on or parodied.

But what if you want to encourage people to share your work and not put them off by having them ask permission. This is where the Creative Commons Licence comes in.

What is a Creative Commons Licence?

A Creative Commons Licence is a licence you give to the general public allowing them to use, share or modify a piece of your work without needing to get your permission first. There are 4 types of licence you can choose:

  1. Attribution: People can use your work provided they give you credit.
  2. Non-Commercial: People can use your work provided they do not make money from it.
  3. No Derivative Works: People can use your work as long as they do not alter it.
  4. Share Alike: People can alter your work but only if they distribute the derivative work under the same licence terms as your original work.

Options 3 and 4 are mutually exclusive, so there are 6 different combinations of the above licence types. You can use the Creative Commons website to ‘create’ your own licence then attach the
appropriate icon or mark to your work online.

Remember, when you grant the general public a Creative Commons Licence to your piece of work, you do not lose your Copyright rights to that work. Rather, you are managing some of the licensing so that individuals don’t have to come to you for permission, while at the same time retaining your copyright ownership.

The Pros of using a Creative Commons Licence

Your work will be free and available online and people will be encouraged to share and publicise it or use it in the manner you have permitted and specified. All while giving you credit and attribution for your work.

If the work is in the public interest, for example a piece of open source code, medical innovation or academic research, you are allowing it to be developed further and improved.

Your original Copyright is protected and you can easily set the conditions by which your work is shared, monetised and modified within the parameters of the Creative Commons licensing regime.

The Cons of using a Creative Commons Licence

You cannot revoke a Creative Commons Licence once given. You can remove the Licence from the work and all subsequent uses will not be permitted. But the original uses of the work will still be allowed under the original Licence.

With a Creative Commons Licence, you give up your specified rights to your works for free, at no cost to the users of your work. And if someone profits from your work (provided you have not given a Non-commercial licence), you can’t ask for compensation or a licence fee. Under, for example, a creative commons attribution licence, they can make money off your work.

The Copyright of derivative works can be ambiguous. If someone uses your work to develop a new work and their ‘updated’ work is substantially different, there is an argument that the initial Creative Commons Licence no longer applies. They can argue they now own the new work and own the Copyright rights to it.

So think hard before attaching a Creative Commons Licence to your work. Don’t give valuable Copyright away for free. And maybe check with a Lawyer first if you are uncertain.

If someone has copied your work online, use our Copyright Infringement Notice to request take down, compensation or offer licensing. Plus what to do if you’re ignored. Get the Legal123:

Copyright Infringement Notice »

Published on 10 February 2014 Filed under Copyright Infringement

About Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with more than 20 years experience in corporate, banking and trust law. Follow this link to read the full bio of Vanessa Emilio.

Primary Sidebar

Subscribe to the Legal123 Blog

Sign up for our free email updates about legal issues affecting online businesses, startups and everyday Australians.

Most Popular Templates

image of website legal template

Website Legal Package

image of app developer contract

App Developer Contract

image of contractor agreement template

Contractor Agreement Template

‘How To’ Guides

  • Do I Need a Will?
  • How to Avoid Copyright Infringement
  • How to Choose the Right Business Structure
  • How to Comply with GDPR
  • How to Develop an App: The Legal Issues
  • How to Divorce in Australia
  • How to Hire an Independent Contractor
  • How to Manage a Holiday Rental Property
  • How to Run an Online Forum
  • How to Set Up an App Business
  • How to Set Up an Online Business
  • How to Trademark Your Business Name
  • How to Write a Confidentiality Agreement
  • How to Write a Letter of Demand
  • How to Write a Power of Attorney
  • How to Write a Privacy Policy
  • How to Write a Shareholder Agreement
  • How to Write Terms and Conditions
  • How to Write a Will in Australia
  • Legal Guide for Bloggers
  • Legal Guide for Consultants
  • Legal Guide for Copywriters
  • Legal Guide for Graphic Designers
  • Legal Guide for Life Coaches and Mentors
  • Legal Guide for Personal Trainers
  • Legal Guide for Photographers
  • Legal Guide for Property Managers
  • Legal Guide for Social Media Marketers
  • Legal Guide for Web Developers
  • Legal Guide to Coronavirus (COVID-19)
  • What Legals Do I Need for My Website?
  • … More Articles in the Legal123 Blog

Blog Topics

  • App Developer Contract (1)
  • Confidentiality Agreement (2)
  • Contractor Agreement (4)
  • Copyright Infringement (1)
  • Email Disclaimer (6)
  • Legal FAQs (1)
  • Legal123 News (1)
  • Online Business Legals (1)
  • Online Startup (5)
  • Power of Attorney Form (1)
  • Selling Online (6)
  • Trademark Registration (3)
  • Website Disclaimer (5)
  • Website Privacy Policy (9)
  • Website Terms and Conditions (9)

Search Legal123

Footer

About Legal123

Legal123 was the first 100 per cent online law firm in AustraliaLegal123 is an Australian full-service law firm founded in 2009. We were the first 100% online law firm in Australia and are proud to be part of a growing movement to provide value-for-money legal services online. We offer both online legal templates and customised legal work. Our templates are designed for standard situations. We also do custom legal work for clients who have non-standard requirements or need legal advice. More »

(02) 8003 7317

[email protected]

9am - 5pm Mon. to Fri.

Sydney NSW Australia

Legal123.com.au

Free ‘How To’ Guides

Do I Need a Will?
How to Avoid Copyright Infringement
How to Choose the Right Business Structure
How to Comply with GDPR
How to Develop an App
How to Divorce in Australia
How to Hire an Independent Contractor
How to Manage a Holiday Rental Property
How to Run an Online Forum
How to Set Up an App Business
How to Set Up an Online Business
How to Trademark Your Business Name
How to Write a Confidentiality Agreement
How to Write a Letter of Demand
How to Write a Power of Attorney
How to Write a Privacy Policy
How to Write a Shareholder Agreement
How to Write Terms and Conditions
How to Write a Will in Australia
Legal Guide for Bloggers
Legal Guide for Consultants
Legal Guide for Copywriters
Legal Guide for Graphic Designers
Legal Guide for Life Coaches and Mentors
Legal Guide for Personal Trainers
Legal Guide for Photographers
Legal Guide for Property Managers
Legal Guide for Social Media Marketers
Legal Guide for Web Developers
Legal Guide to Coronavirus (COVID-19)
What Legals Do I Need for My Website?

Latest Articles

image of lessons learned starting online business
10 Lessons Learned from Starting an Online Business
are you accidentally sending spam
Are You Accidentally Sending Spam Email? You Need to Pass These 9 Tests
image of fake mcdonalds china
3 Things You Should Know About Business Names, Company Names and Trademarks
image of cybersquatting
Cybersquatting: Defending Your Brand Name Just Got Way More Complicated

© Copyright 2009 - 2021 · Registered Trademark of Legal123 Pty Ltd · ABN 66 153 012 269

We're Hiring · Join our Affiliate Program · Disclaimer · Privacy Policy · Terms & Conditions · Affiliate Terms

image of Law Society of NSW badge

Legal123 Pty Ltd is an Incorporated Legal Practice (ILP) registered with ASIC. Information and templates sold on Legal123.com.au are not legal advice. Use of this website is subject to the Disclaimer and Terms & Conditions. Liability limited by a scheme approved under Professional Standards Legislation.