CC0 FAQ. Creative Commons
CC0 FAQ [link]Paper  abstract   bibtex   
[Excerpt] These FAQs contain information that you should familiarize yourself with before using CC0. The information provided below is not exhaustive - it may not cover important issues that may affect you. [] The FAQs are intended to supplement, not replace, our existing FAQs. You are encouraged to review those FAQs as well as our list of issues to consider before using CC0 or any of our other legal tools or licenses. You should also read the CC0 legal code carefully and understand what it means before applying it to your work or using a CC0'd work. [] Please note: Creative Commons does not provide legal advice. The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about CC0 or about Creative Commons licenses and tools generally. [] [...] [::What is CC0?] Copyright and other laws throughout the world automatically extend copyright protection to works of authorship and databases, whether the author or creator wants those rights or not. CC0 gives those who want to give up those rights a way to do so, to the fullest extent allowed by law. Once the creator or a subsequent owner of a work applies CC0 to a work, the work is no longer his or hers in any meaningful sense under copyright law. Anyone can then use the work in any way and for any purpose, including commercial purposes, subject to other laws and the rights others may have in the work or how the work is used. Think of CC0 as the "no rights reserved" option. [::How does it work?] A person using CC0 (called the ” affirmer” in the legal code) dedicates a work to the public domain by waiving all of his or her copyright and neighboring and related rights in a work, to the fullest extent permitted by law. If the waiver isn't effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose. [::What is the difference between CC0 and the Public Domain Mark ('PDM')?] CC0 and PDM differ in important respects and have distinct purposes. CC0 is intended for use only by authors or holders of copyright and related or neighboring rights (including sui generis database rights), in connection with works that are still subject to those rights in one or more jurisdictions. PDM, on the other hand, can be used by anyone, and is intended for use with works that are already free of known copyright restrictions throughout the world. The tools also differ in terms of their effect when applied to a work. CC0 is legally operative in the sense that when it is applied, it changes the copyright status of the work, effectively relinquishing all copyright and related or neighboring rights worldwide. PDM is not legally operative in any respect - it is intended to function as a label, marking a work that is already free of known copyright restrictions. [] [...] [::Who can use CC0?] Anyone who owns copyright and neighboring and related rights (such as database rights) in a work can use CC0 to give up those rights. But please be careful. CC0 is a one-way street. Once you apply CC0 to your work you can't change your mind later and re-assert copyright or database rights over the work. In some cases, it's hard to decide if something qualifies for copyright protection (for example, a database of mostly factual data). Even then, CC0 can be a useful way to assure others that you have committed to surrendering any possible copyright protection you may have. [] Even though are you not making any warranties of copyright ownership under CC0, keep in mind that you are still responsible to any third parties who may have existing rights in your work when you distribute the work. For example, if your work contains another person's work made available under a CC Attribution license, you will need to identify that work separately, attribute the author and provide the license. Likewise, for any other license(s), you will need to ensure that you are in compliance before distributing the work. Of course, if you do not have permission to distribute a work belonging to someone else, you will need to seek appropriate permission from the copyright owner before you use CC0. [] [...] [::Does CC0 really eliminate all copyright and related rights, everywhere?] Please don't take the 0 (zero) in the name ” CC0” literally - no legal instrument can ever eliminate all copyright interests in a work in every jurisdiction. [] CC0 doesn't affect two very important categories of copyright and related rights. First, just like our licenses, CC0 does not affect other persons' rights in the work or in how it is used, such as publicity or privacy rights. Second, the laws of some jurisdictions don't allow authors and copyright owners to waive all of their own rights, such as moral rights. When the waiver doesn't work for any reason CC0 acts as a free public license replicating much of intended effect of the waiver, although sometimes even licensing those rights isn't effective. It varies jurisdiction by jurisdiction. [] While we can't be certain that all copyright and related rights will indeed be surrendered everywhere, we are confident that CC0 lets you sever the legal ties between you and your work to the greatest extent legally permissible. [::What kinds of rights am I surrendering when I use CC0?] You are surrendering your copyright and neighboring and related rights in a work, including any database rights you may have. You are also surrendering your own publicity and privacy rights. If your image is captured in the work, for example, you cannot later complain that someone is using it in violation of those rights. In other jurisdictions, you may not be able to waive all of your copyright and neighboring and related rights. Moral rights and unknown rights are two examples of rights that may be difficult to waive in some jurisdictions. When waiver isn't possible, those rights are licensed under CC0 to the extent allowed by law, although again, sometimes those rights cannot be licensed in advance or at all. [::What are neighboring rights?] Neighboring rights consist of a hodgepodge of rights granted by statute in addition to traditional copyright. Performing artists, record producers and those involved in radio and television broadcasting are often holders of neighboring rights, which may include distribution, performance and/or exploitation rights. Some jurisdictions extend copyright to protect these rights; other jurisdictions offer those protections by separate statute as neighboring or related rights. [] When you surrender your neighboring rights using CC0, you do not impact the copyrights or related rights of others, though. For example, if you apply CC0 to a sound recording to which you hold copyright, you surrender your exclusive right to digitally perform that sound recording. But your use of CC0 would not affect the copyright, if any, retained by the composer of the music. Neighboring rights differ from jurisdiction to jurisdiction. [::What are database rights?] Databases may contain facts that, in and of themselves, are not protected by copyright law. The copyright laws of some jurisdictions cover database design and structure, however, and some jurisdictions like the European Union have enacted special laws to protect databases when they are not protected under applicable copyright law. CC0 is intended to cover all copyright and database laws, so that however database rights are protected (under copyright or otherwise), those rights are all surrendered. [] [...]
@book{creativecommonsCC0FAQ2013,
  title = {{{CC0 FAQ}}},
  author = {{Creative Commons}},
  date = {2013},
  location = {{Mountain View, California, USA}},
  url = {http://mfkp.org/INRMM/article/13938141},
  abstract = {[Excerpt] These FAQs contain information that you should familiarize yourself with before using CC0. The information provided below is not exhaustive - it may not cover important issues that may affect you.

[] The FAQs are intended to supplement, not replace, our existing FAQs. You are encouraged to review those FAQs as well as our list of issues to consider before using CC0 or any of our other legal tools or licenses. You should also read the CC0 legal code carefully and understand what it means before applying it to your work or using a CC0'd work.

[] Please note: Creative Commons does not provide legal advice. The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about CC0 or about Creative Commons licenses and tools generally.

[] [...]

[::What is CC0?]

Copyright and other laws throughout the world automatically extend copyright protection to works of authorship and databases, whether the author or creator wants those rights or not. CC0 gives those who want to give up those rights a way to do so, to the fullest extent allowed by law. Once the creator or a subsequent owner of a work applies CC0 to a work, the work is no longer his or hers in any meaningful sense under copyright law. Anyone can then use the work in any way and for any purpose, including commercial purposes, subject to other laws and the rights others may have in the work or how the work is used. Think of CC0 as the "no rights reserved" option.

[::How does it work?]

A person using CC0 (called the ” affirmer” in the legal code) dedicates a work to the public domain by waiving all of his or her copyright and neighboring and related rights in a work, to the fullest extent permitted by law. If the waiver isn't effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose.

[::What is the difference between CC0 and the Public Domain Mark ('PDM')?]

CC0 and PDM differ in important respects and have distinct purposes. CC0 is intended for use only by authors or holders of copyright and related or neighboring rights (including sui generis database rights), in connection with works that are still subject to those rights in one or more jurisdictions. PDM, on the other hand, can be used by anyone, and is intended for use with works that are already free of known copyright restrictions throughout the world. The tools also differ in terms of their effect when applied to a work. CC0 is legally operative in the sense that when it is applied, it changes the copyright status of the work, effectively relinquishing all copyright and related or neighboring rights worldwide. PDM is not legally operative in any respect - it is intended to function as a label, marking a work that is already free of known copyright restrictions.

[] [...]

[::Who can use CC0?]

Anyone who owns copyright and neighboring and related rights (such as database rights) in a work can use CC0 to give up those rights. But please be careful. CC0 is a one-way street. Once you apply CC0 to your work you can't change your mind later and re-assert copyright or database rights over the work. In some cases, it's hard to decide if something qualifies for copyright protection (for example, a database of mostly factual data). Even then, CC0 can be a useful way to assure others that you have committed to surrendering any possible copyright protection you may have.

[] Even though are you not making any warranties of copyright ownership under CC0, keep in mind that you are still responsible to any third parties who may have existing rights in your work when you distribute the work. For example, if your work contains another person's work made available under a CC Attribution license, you will need to identify that work separately, attribute the author and provide the license. Likewise, for any other license(s), you will need to ensure that you are in compliance before distributing the work. Of course, if you do not have permission to distribute a work belonging to someone else, you will need to seek appropriate permission from the copyright owner before you use CC0.

[] [...]

[::Does CC0 really eliminate all copyright and related rights, everywhere?]

Please don't take the 0 (zero) in the name ” CC0” literally - no legal instrument can ever eliminate all copyright interests in a work in every jurisdiction.

[] CC0 doesn't affect two very important categories of copyright and related rights. First, just like our licenses, CC0 does not affect other persons' rights in the work or in how it is used, such as publicity or privacy rights. Second, the laws of some jurisdictions don't allow authors and copyright owners to waive all of their own rights, such as moral rights. When the waiver doesn't work for any reason CC0 acts as a free public license replicating much of intended effect of the waiver, although sometimes even licensing those rights isn't effective. It varies jurisdiction by jurisdiction.

[] While we can't be certain that all copyright and related rights will indeed be surrendered everywhere, we are confident that CC0 lets you sever the legal ties between you and your work to the greatest extent legally permissible.

[::What kinds of rights am I surrendering when I use CC0?]

You are surrendering your copyright and neighboring and related rights in a work, including any database rights you may have. You are also surrendering your own publicity and privacy rights. If your image is captured in the work, for example, you cannot later complain that someone is using it in violation of those rights. In other jurisdictions, you may not be able to waive all of your copyright and neighboring and related rights. Moral rights and unknown rights are two examples of rights that may be difficult to waive in some jurisdictions. When waiver isn't possible, those rights are licensed under CC0 to the extent allowed by law, although again, sometimes those rights cannot be licensed in advance or at all.

[::What are neighboring rights?]

Neighboring rights consist of a hodgepodge of rights granted by statute in addition to traditional copyright. Performing artists, record producers and those involved in radio and television broadcasting are often holders of neighboring rights, which may include distribution, performance and/or exploitation rights. Some jurisdictions extend copyright to protect these rights; other jurisdictions offer those protections by separate statute as neighboring or related rights.

[] When you surrender your neighboring rights using CC0, you do not impact the copyrights or related rights of others, though. For example, if you apply CC0 to a sound recording to which you hold copyright, you surrender your exclusive right to digitally perform that sound recording. But your use of CC0 would not affect the copyright, if any, retained by the composer of the music. Neighboring rights differ from jurisdiction to jurisdiction.

[::What are database rights?]

Databases may contain facts that, in and of themselves, are not protected by copyright law. The copyright laws of some jurisdictions cover database design and structure, however, and some jurisdictions like the European Union have enacted special laws to protect databases when they are not protected under applicable copyright law. CC0 is intended to cover all copyright and database laws, so that however database rights are protected (under copyright or otherwise), those rights are all surrendered.

[] [...]},
  keywords = {*imported-from-citeulike-INRMM,~INRMM-MiD:c-13938141,knowledge-freedom,license--cc0-1-0,licensing,public-domain}
}
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