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4 JOURNAL OF COPYRIGHT IN EDUCATION AND LIBRARIANSHIP The most important designation is the non-commercial sharealike licensing because it is hard to break habits that are created on college campuses, where new works often fall under fair use; once creative professionals get into the real world and are in a commercial setting, noncommercial use becomes critical to their career.

CC0 is the most flexible and the preferred Creative Commons licensing when someone wants to use a work; this is because the creator has intentionally dedicated it to the public domain. CC0 licensing, which is a legally binding license that creators own and claim, can often be confused with the public domain (PD) label but differs because the public domain label can be applied by anyone and is not legally operative. While CC0 is the preferred licensing type for creative use, the public needs more education about finding and using works with this designation.

Waxer warned that public domain use only applies to the status of the photo; if the photo contains a person who is recognizable, a model release is also needed, especially for commercial purposes. This dilemma of Creative Commons licensing and the ignorance of model releases is demonstrated in Waxer’s flowchart called “Do I Need a Model Release?” (see Figure 3).



Figure 3: Do I Need a Model Release?