Creative Commons: a clarification

Creative Commons symbols -- or an
infringement of the Olympic logo? 

Last Monday tytoc collie posted this piece by Maxine Horn, CEO of Creative Barcode, which sought to explain the difference between Creative Commons and Creative Barcode. This feature attracted a considerable amount of interest and some responses. Needless to say, Maxine's piece also attracted the attention of Creative Commons. The following has been penned by Aurelia J. Schultz (Counsel, Creative Commons) in order to clarify some of the points made regarding Creative Commons. Aurelia writes:

"We caught your post about Creative Barcode and want to clarify a very important point about Creative Commons’ legal tools. It’s not actually true that CC’s tools are predominantly used in “supporting usage rights and file sharing for works in the public domain.”

Creative Commons does indeed provide free legal tools that support and expand the public domain (specifically CC0, which makes it easy for an author to effectively release her work as public domain, and the Public Domain Mark, which allows any member of the public to mark and tag a work that is free of known copyright restrictions).

But Creative Commons' most-used tools, CC licences, are meant for works that are not in the public domain (and should not be used for works that are indeed in the public domain). CC licences are free, easy-to-use copyright licences that give copyright holders a simple, standardized way to give the public permission to share and use creative work – on conditions of the copyright holder's choosing. CC licences let a copyright holder easily change her copyright terms from the default of “all rights reserved” to “some rights reserved.” CC licences make it easy, for example, to grant noncommercial rights to the public, while exclusively reserving commercial rights and the right to be attributed.

The vast majority of works shared via Creative Commons' tools are offered under CC's copyright licences and are not in the public domain. More than 400 million works (which we believe is a conservative estimate) have been made available by copyright holders under CC's copyright licences.

Thanks!"

tytoc collie has very much enjoyed learning more about the respective creative tools, thanks Maxine, Aurelia and his readers for their respective comments and contributions.  He also hopes that this little exercise has had the effect of clarifying exactly what it is that Creative Commons and Creative Barcode can achieve for their respective users and for third parties.  Merpel's a little disappointed, though. She just found a website for Creative Transformation and discovered that it was nothing to do with flagging transformative use of copyright-protected works at all ...

Creative Barcode and Creative Commons: complementary bedfellows

Just six months after its launch, and five months after tytoc collie posted this little piece, Creative Barcode has attracted a good deal of attention, not least on account of a question which many folk have asked tytoc collie and others: “How does Creative Barcode differ from Creative Commons?” Maxine Horn, CEO of Creative Barcode, has kindly accepted the Kat's invitation to explain:

"The shortest answer is that Creative Barcode and Creative Commons they are complementary. However, they do have a few pertinent points of difference. 

Let’s start with what both organisations have in common. They are both not for profit organizations. They have both developed a technical infrastructure to support the rapidly increasing digital file sharing, on and offline and they both seek to enhance rather than restrict innovation. Both support copyright but offer alternative ways by which ideas can be shared.
Both parties seek to minimise the cost and paperwork complexities inherent in traditional IPR law, but both parties have chosen to achieve their goals in slightly different ways. 

The major point of difference between Creative Commons and Creative Barcode is one system is far more suited to works in the public domain and the other is predominantly suited to concepts not in the public domain. 

Creative Commons is best used on open source work and source credits for works in the public domain. It enables users to select their own terms of usage. It enables open-share and re-mix of creators’ works without a focus on a commercial return on investment for the creator. CCL Creative Commons offers open source use or open negotiation for use. 

Creative Barcode provides a system for permission based usage of solicited creative concepts not in the public domain (i.e. the recipient has requested the files and they do not contain open-source files or works in the public domain). Its very simple usage terms state that concept ownership is retained by the Creator until such time as works have been purchased. In short, recipients of creative barcoded files may not utilise any disclosed information contained in the files without the permission of the creator. Creative barcode offers closed source access to concepts and private negotiation of use. 

The key points of difference are: 

Creative Barcode
• Creative Barcode allows permission based usage and retained Creator ownership until some form of commercial deal has been agreed and concluded.
• Creative Barcode allows no automatic ‘open-source’ option. It has ‘one’ underpinning ‘agreement’ which is ‘no barcoded concepts or proposals shared with recipients may be utilised by the recipient without the permission of the creator’.
• The target audience is predominantly professional creative industries more akin to being paid on a fee-for-services basis who are at risk when pitching for new business, entering open innovation competitions or developing their own concepts to present to and negotiate a commercialisation license with another party; pre-contract.
• Creative Barcode serves as an IP source management tool and file tracker for creators, co-creators and brand owners. It enables proof of source to be quickly verified and avoids litigious challenges.
• Uniquely numbered Barcodes are generated using a software App and applied to written and visual files before sending direct to a’ recipient. Barcoded files enable visual demonstration of what has been disclosed.
• Creative Barcode is predominantly used to protect conceptual works ‘not’ in the public domain. 

Creative Commons
• Creative Commons majors on open-source and re-mix without needing to seek any permission from Creators who have allowed open usage.
• It relies upon source credits being applied by a party.
• CCL does not provide a file tracking service.
• Open-source is preferred by some software developers and other creators who have a commercial reason for making their work freely available, or who feel they will benefit from potential PR values, personal status enhancement or who just love the challenge and require no remuneration complications.
• Creative Commons offers a range of usage terms and licenses to suit the individual or firm. These are useful to ensure correct procedure is followed but the most common public association with Creative Commons is free to use and re-mix.
• CCL users state clear terms of usage which vary according to their specific requirements.
• CCL is predominantly supporting usage rights and file sharing for works in the public domain. 

The issue Creators currently have to contend with and rein back-in, is the unofficial stretch of the public domain. The public domain is just that – ‘public’. Traditionally it includes files uploaded on to a publicly accessible internet site; works publically exhibited or published, presented in public forums such as conferences or displayed in the media, on and offline, and in social media and business networks. 

Some have attempted to extend public domain to include one to one business meetings that as a minimum are obliged to be undertaken with a duty of confidentiality. Creative Barcode reinforces trust, establishes a means for Creators to have early, open conversations with potential industry partners and avoids the ‘true’ public domain hampering (when exclusivity and confidentiality is paramount) progress. 

Legally CCL materials are robust but it is not their business to offer legal services or advice. Tracking and monitoring usage remains the sole responsibility of the user, as is legal pursuit if their CC Licence is breached. 

Creative Barcode offers no direct legal advice but it does facilitate an intervention and mediation service provided by World Intellectual Property Organization (WIPO). An initial intervention letter is free of charge and mediation services are provided at 50% less than normal rate card to Creative Barcode registered users. Any breach arising is one of breach of agreement. For additional security, Barcode users can send their files through the file tracking facility found in the software App. In doing so, the database records sent date and by whom, sent to and received, file downloaded confirmation. Files cannot be downloaded by the recipient without the terms of receipt being accepted. There is no room for doubt. 

Creative Barcode does provide users with free access and use of Licensing Agreements when they need them to support deals going forward. 

Creative Barcode and Creative Commons are compatible bedfellows both sharing a common goal and both addressing the key needs of parties in the design, creative industries and innovation sectors on an as-it-suits basis".

Says tytoc collie, what's so good about both Creative Commons and Creative Barcode is their ability to achieve results and generally improve the commercial environment for IP owners and users without the need to make any changes in the law. Both systems show what a little creative thinking can do.