Page:Creative Commons for Educators and Librarians.pdf/71

- 58 - CHAPTER 3 available at https://mirrors.creativecommons.org/defining-noncommercial/Defining_Noncommercial_fullreport.pdf), the expectations of licensors and reusers of CC-licensed content may play a role here. For example, NC licensors often intend for broad reuse of their NC-licensed content, as long as it is not reused primarily for commercial gain. However, the reusers of NC-licensed content may assume more conservative license terms around commercial reuse. As a result, NC-licensed content is not often reused to the full extent of the permissions that the license affords or the licensor intends. And often, when disputes around CC-licensed content do arise, they are resolved amicably and out of court, frequently without involving lawyers. Instead, disputes are resolved through outreach by the licensor to the user, and an accord is struck to fix any actual problem.

Note that Creative Commons accounted for this practice in Version 4.0. Whereas prior to 4.0, any violation of the license automatically terminated the license, and the violator had to seek new and express permission from the licensor to reuse the work again, in Version 4.0, the license automatically reinstates if the violator corrects the problem within thirty days of having become aware of it. This encourages reusers to do the right thing—correct their violations as soon as possible upon discovery, whether or not the licensor has made a claim. This can help avoid disputes.

In many ways, both of these practices—being more generous and respectful, and outreach to solve any perceived violations—are a testament to the values held and practiced by the CC community of creators and reusers. Creative Commons encourages healthy, open interactions between licensors and those reusing their works.

Final Remarks

The legal robustness of the CC licenses is critically important. With the help of an international network of legal and policy experts, the CC licenses are accepted and enforceable worldwide. To date, no court has declared the licenses unenforceable, and very few lawsuits have ensued. In the vast majority of cases, the CC community has resolved any disputes outside of the courtroom.