30

The Stack Exchange "requirement" of a particular type of attribution is unlikely to be enforceable, given the terms of the CC BY-SA license. The actual Creative Commons license, the part that governs the relationship between the parties, is the "legal code" license agreement. The CC BY-SA agreement contains two clauses relevant to the form of attribution. ...


16

Short Answer Based on the facts you supplied, it seems the author's request for removal might be unenforceable. Explanation Section 2.a.1. of the license declares the license is irrevocable. [Emphasis added]: Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-...


8

Go to the Source If you follow the Legal link at the bottom of the page and read the terms of service, among other things, it says (my emphasis): 1. Access to the Services Subject to the terms and conditions of this Agreement, Stack Exchange may offer to provide the Services, as described more fully on the Network, and which are selected by ...


8

A document can be distributed under more than one license. Just because it has been made available under a CC license for free, doesn't mean that IEEE can't negotiate a different license with different terms that allow them to sell the content. (This is similar to the way that a software library can be available for free under a license that permits non-...


7

You are correct that it is quite expensive to patent something in U.S. law. Under U.S. patent law, once an idea is publicly published, if no one else has a patent application for the same idea that is pending, the idea enters the public domain and no one can obtain a patent of that idea. The publication become "prior art" with respect to any future patent ...


6

You aren't required to include the attribution on the image, you can include it somewhere else on the page, placing it directly below the image is preferred, but providing it at the end of a post is acceptable. Image Capture: Attributing Creative Commons Materials. CC BY 2.5 Australia. (↑ See what I did there?) For best practices for providing ...


6

No. The Creative Commons license seeks to promote recognition of the original author's work through attribution, but does not provide the same framework for enforcement that the DMCA would. The proper approach in cases such as the deleted Wikipedia article and subsequent reuse would be to provide a courteous notice to Wikipedia of your original publication ...


6

If the "Pokeball" image is copyrighted and/or a trademark of Nintendo/whoever makes the Pokemon games, then whoever put that image out there under CC 3.0 BY is in violation and can be sued and will probably lose, and you would be in violation and can be sued and will probably lose. Your penalty would almost certainly be less since your violation was "...


6

StackExchange probably has no obligation to continue to provide the content, however StackExchange probably cannot stop copies from continuing to be used, reproduced, etc. from the Terms of Service (click on Legal below): You agree that all Subscriber Content that You contribute to the Network is perpetually and irrevocably licensed to Stack Exchange under ...


6

Under US law, you are still liable for copyright infringement even if it was unintentional. But if you can prove it was unintentional, then the damages can be reduced. 17 USC 504 (C) (2): [...] In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or ...


6

Assuming that the images are in fact released by the copyright holder under the CC_BY 2.0 license, and not under the CC_BY_NC or CC_BY_SA license, you are free to use the image on a book cover. That the book is erotic makes no difference. You must attribute the cover image to the original creator, as specified in the license, unless the creator has ...


5

From the legal code of the Creative Commons Attribution 4.0 license (emphasis in the original): 1.a Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring ...


5

The Creative Commons Attribution 4.0 license (and all versions) is explicitly "non-sublicensable". If you receive a copy of the work under that license, you cannot place the work under a new license. The license grants you only the rights to A. reproduce and Share the Licensed Material, in whole or in part; and B. produce, reproduce, and Share ...


5

Numbers 1, 2, 3 are certainly possible. However, Stack Exchange regularly posts a data dump of all user-created content. This dump is licensed under a Creative Commons license, which is not revocable. So if Stack Exchange tried to do any of what you describe, anyone who had already downloaded the dump could start a new site with all the current SE content,...


5

A GPS trace of a car's path, on its own, is unlikely to be covered by copyright in the first place. It is primarily made up of facts (the locations of roads and lanes), and there is no creativity involved in its creation. A database of facts may be protected by copyright as a compilation if there is some amount of creativity in how it is assembled, but this ...


5

The price is not one of the terms and conditions of the CC-SA license. You may chose to attach a price to a derivative work (which you have the right to create under license section 3.b). But any person who receives the derivative work legitimately (from you or from someone who got it from you, directly or indirectly) must get it under the CC-SA license, and ...


5

My understanding is that here "derived from the program" means "created by modifying the source code of the program" and not "created by running the program". Certainly that is the way all users that I have heard of treat the matter. Note that a commercial program, such as a word processor, will be fully protected by copyright, but the maker does not claim ...


4

There are two separately copyrightable elements to a sound recording, as you point out: the musical work, and the performance. If you want to record a cover version of a song, what matters is the license you hold, if any, to the underlying musical work. The license to the recording is not relevant unless you are sampling or duplicating the recording. The ...


4

You mention specifically the following stipulations as being perhaps beyond the scope of CC-BY-SA 3.0: To hyperlink each author, in addition to the page itself To use a direct link rather than a shortener To not use nofollow Let's go through them in turn, in relation to 4(c). To hyperlink each author, in addition to the page itself According to 4(c)(i), ...


4

Yes, you can grant any license you want to your larger work. With respect to Creative Commons, they provide guidance: May I apply a CC license to my work if it incorporates material used under fair use or another exception or limitation to copyright? Yes, but it is important to prominently mark any third party material you incorporate into your ...


4

The "Crabs" game can be legal if it is seen as a form of parody. That is one of the forms of "fair use" that allows copying (within limits). This is to allow the use of limited amounts of copying for critical or "mocking" pieces, which are considered a form of free speech. Two other issues come into play under "fair use." The first is whether or not this is ...


4

Without a license, you have no right to copy or distribute someone else's work. Suppose you copy or distribute against the terms of the license. Either you didn't agree to the license, and therefore had no right to do as you did; or you did agree and still violated the terms of the license anyway. By the law of the excluded middle (accepted or not accepted), ...


4

You have a false premise: "it offers the same conditions", and "MIT license is functionally equivalent to CC-BY". These premises are not true. CC-BY: applies to more than just software; it applies to artistic or literary work, databases, other material disclaims endorsement explicitly withholds moral rights explicitly does not license patent rights (MIT ...


4

There are jurisdictions that do not allow authors to place their work in the public domain, such as Germany. Main reason is the strict monistic approach the German copyright law bases on. Key feature of this approach is the concept that, in principle, the copyright/author’s right itself can neither be transferred to another person nor waived by the ...


4

Yes, as long as they give you credit, the Creative Commons - Attribution License (CC-BY) allows a person to: Share — copy and redistribute the material in any medium or format Adapt — remix, transform, and build upon the material for any purpose, even commercially


4

To apply "All rights reserved" to a song, you write the three words "All rights reserved" in your copyright notice (see the "PS" below for the rationale for doing this). To apply a Creative Commons public license to a song, you use the Creative Commons License Chooser to generate a license for your song. Then you add the HTML-code generated by the License ...


4

You may find the ShareAlike interpretation on the creativecommons.org wiki helpful here. The Examples section says: ShareAlike photo being used unmodified in a larger work. Unless the larger work would be considered an adaptation of it, using a ShareAlike photo as a separate element within it does not require original materials in the larger work to ...


3

I am not a lawyer; I am especially not your lawyer; this is not legal advice; if you want legal advice, hire a lawyer. Idk. But probably not. The YouTube terms of service seem to prohibit this pretty clearly: You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube ...


3

At the bottom of every edit screen on Wikipedia, above the "save page" button, it says: By clicking the "Save page" button, you agree to the Terms of Use and you irrevocably agree to release your contribution under the CC BY-SA 3.0 License and the GFDL with the understanding that a hyperlink or URL is sufficient for CC BY-SA 3.0 attribution. If you are ...


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