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Too often the debate over creative control tends to the extremes. At one pole is a vision of total control — a world in which every last use of a work is regulated and in which “all rights reserved” (and then some) is the norm. At the other end is a vision of anarchy — a world in which creators enjoy a wide range of freedom but are left vulnerable to exploitation. Balance, compromise, and moderation — once the driving forces of a copyright system that valued innovation and protection equally — have become endangered species. Creative Commons ( CC ) is working to revive them. Creative Commons use private rights to create public goods: creative works set free for certain uses. Like the free software and open-source movements, Creative Commons ends are cooperative and community-minded, but our means are voluntary and libertarian. Creative Commons to offer creators a best-of-both-worlds way to protect their works while encouraging certain uses of them — to declare “some rights reserved.” Thus, a single goal unites Creative Commons’ current and future projects: to build a layer of reasonable, flexible copyright in the face of increasingly restrictive default rules.Creative Commons’ first project, in December 2002, was the release of a set of copyright licenses free for public use. Taking inspiration in part from the Free Software Foundation’s GNU General Public License (GNU GPL), Creative Commons has developed a Web application that helps people dedicate their creative works to the public domain — or retain their copyright while licensing them as free for certain uses, on certain conditions. Unlike the GNU GPL, Creative Commons licenses are not designed for software, but rather for other kinds of creative works: websites, scholarship, music, film, photography, literature, courseware, etc. CC build upon and complement the work of others who have created public licenses for a variety of creative works. CC aim is not only to increase the sum of raw source material online, but also to make access to that material cheaper and easier. To this end, we have also developed metadata that can be used to associate creative works with their public domain or license status in a machine-readable way. Creative Commons hope this will enable people to use our search application and other online applications to find, for example, photographs that are free to use provided that the original photographer is credited, or songs that may be copied, distributed, or sampled with no restrictions whatsoever. We hope that the ease of use fostered by machine- readable licenses will further reduce barriers to creativity. The Creative Commons (CC) is a non-profit organization devoted to expanding the range of creative work available for others legally to build upon and share. The organization has released several copyright licenses known as Creative Commons Licenses.
Creative Commons is an innovative project dedicated to expanding the range of creative works available for sharing and for others to build upon. It offers an alternative to the “all rights reserved” approach under copyright law. Under copyright, all rights to the creative work are automatically reserved to the creator as soon as the work is created and written down, recorded or otherwise reduced to material form. This position under copyright is automatic and universal. Therefore, the general rule is that the creative work may not be copied, performed, adapted or used unless you have the permission of the creator..”[1]
Legal Concepts The Commons
Related to the public domain is the more general idea of “the commons” — resources that are not divided into individual bits of property but rather are jointly held so that anyone may use them without special permission. Think of public streets, parks, waterways, outer space, and creative works in the public domain — all of these things are, in a way, part of the commons.The “tragedy of the commons” is the familiar notion that widespread public use of a commons leads to its inevitable depletion. But some resources, once created, cannot be depleted. In the words of Thomas Jefferson, “He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine receives light without darkening me.” An idea is not diminished when more people use it. Creative Commons aspires to cultivate a commons in which people can feel free to reuse not only ideas, but also words, images, and music without asking permission — because permission has already been granted to everyone.[2]Offering your work under a Creative Commons license does not mean giving up your copyright. It means offering some of your rights to any member of the public but only on certain conditions. What conditions?. All of CC require that you give attribution in the manner specified by the author or licensor.
Attribution. You let others copy, distribute, display, and perform your copyrighted work — and derivative works based upon it — but only if they give credit the way you request.
Example: Jane publishes her photograph with an Attribution license, because she wants the world to use her pictures provided they give her credit. Bob finds her photograph online and wants to display it on the front page of his website. Bob puts Jane’s picture on his site, and clearly indicates Jane’s authorship.CC licensing suite will also let you mix and match conditions from the list of options below. There are a total of six Creative Commons licenses to choose from CC licensing suite.
Noncommercial. You let others copy, distribute, display, and perform your work — and derivative works based upon it — but for noncommercial purposes only
Examples: Gus publishes his photograph on his website with a Noncommercial license. Camille prints Gus’ photograph. Camille is not allowed to sell the print photograph without Gus’s permission.
No Derivative Works. You let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it.
Example: Sara licenses a recording of her song with a No Derivative Works license. Joe would like to cut Sara’s track and mix it with his own to produce an entirely new song. Joe cannot do this without Sara’s permission (unless his song amounts to fair use).
Share Alike. You allow others to distribute derivative works only under a license identical to the license that governs your work.Note: A license cannot feature both the Share Alike and No Derivative Works options. The Share Alike requirement applies only to derivative works.
Example: Gus’s online photo is licensed under the Noncommercial and Share Alike terms. Camille is an amateur collage artist, and she takes Gus’s photo and puts it into one of her collages.
This Share Alike language requires Camille to make her collage available on a Noncommercial plus Share Alike license. It makes her offer her work back to the world on the same terms Gus gave her. These four options — when each is an option — produce 11 possible licenses. But when CC saw that 98% of CC adopters chose the “attribution” requirement, we decided to drop attribution as an option. That means we now offer 6 core licenses:1. Attribution (use the work however you like, but give me attribution) 2. Attribution-ShareAlike (use the work however you like, but give me attribution, and license any derivative under a Share Alike license) 3. Attribution-NoDerivatives (use the work as is, and give me attribution) 4. Attribution-NonCommercial (use the work for noncommercial purposes, and give me attribution) 5. Attribution-NonCommercial-NoDerivatives (use the work for noncommercial purposes, as is, and with attribution) 6. Attribution-NonCommercial-ShareAlike (use the work for noncommercial purposes, give me attribution, and license any derivative under a ShareAlike license
Taking a License
When CC’ve made your choices, the appropriate license expressed in three ways:1. Commons Deed. A simple, plain-language summary of the license, complete with the relevant icons. 2. Legal Code. The fine print that you need to be sure the license will stand up in court. 3. Digital Code. A machine-readable translation of the license that helps search engines and other applications identify your work by its terms of use.[3]
Intellectual Property Conservancies
CC help people make their work available with public domain dedications and generous licenses, we will also build an “intellectual property conservancy.” Like a land trust or nature preserve, the conservancy will serve to protect works of special public value from exclusionary private ownership and from obsolescence due to neglect or technological change. CC will encourage people to donate their works to Creative Commons to be held in public trust; in some cases, CC may purchase important works to help guarantee both their integrity and widespread availability. CC ultimate goal is to develop a rich repository of high-quality works in a variety of media, and to promote an ethos of sharing, public education, and creative interactivity.[4]
Creative Commons License : a Juridical analysis based on Indonesian Law (Copyright Law No. 19 Year 2002 and Indonesian Civil Code ( ICC ) )
Agreement of the License Law Dictionary, P. H. Collin licensing agreement is :Agreement where a person is granted a license to manufacture something or to use something, but not outright sale. Definition licensing which gaves by Betsy Ann Toffler and Jane Imber from Dictionary of Marketing Terms, which is licensing :Contractual agreement between two business entities in which licensor permits the licensee to use a brand name, patent, or other proprietory right, in exchange for a fee or royalti.Licensing enables the licensor to profit from skills expansion capital, or other capacity of the licensee benefits from name recognition and creativity of the licensor.Agreement law in Indonesia Code Civil ( ICC ) follow “open system”. With this open system everyone free to make all type contract. Beside that, ICC open system can be mean that with this system, everyone free to various innovation and acceptance through the law practice. In order to the agreement represent a enforceable contract , have to contain :1. Offer and Acceptance2. Consideration[5]Freedom to make an agreement in the form of and kinds of any based on article 1338 ICCAll legally executed agreements shall bind the individuals who have concluded them by law. They cannot be revoked otherwise than by mutual agreement, or pursuant to reasons which are legally declared to be sufficient. They shall be executed in good faith. And the agreements shall only be enforceable between the parties involved as law based on article 1340CCAgreements shall only be enforceable between the parties involved. They shall not be detrimental to third parties; third parties shall not profit from them, except in the event stipulated in Article 1317In order to be valid, an agreement must satisfy the following four conditions (article 1320) :1. there must be consent of the individuals who are bound thereby; 2. there must be capacity to conclude an agreement; 3. there must be a specific subject; 4. there must be an admissible cause.
Is Creative Commons against Indonesian copyright Law?
Absolutely not. Creative Commons licences help you retain your copyright and manage your copyright in a more flexible, open way. In fact, Creative Commons licences are copyright licences and rely on copyright for their enforcement. Creative Commons License not against Indonesian copyright Law and can be operate indonesia. Because The licenses give creators a simple way to mark their creativity with the freedoms they want it to carry by default that’s why CC hope an attribution from user the work under creative commons license. Kinds of creative works which CC designed are : websites, scholarship, music, film, photography, literature, courseware, etc. In indonesia Copyright Law No. 19 Year 2002 article 12 number 1 a work which is protected are :A work that is protected shall be the creation in the field of science, arts and literature, which includes:a) Books, computer programs, pamphlets, typographical arrangement of published creations and all other written creations;b) Sermons, lectures, addresses and other creations of utterance;c) Visual aid maid for educational and scientific purposes;d) Songs or music with or without lyrics;e) Dramas, musical dramas, dances, choreographic creations, puppet shows, pantomimes;f) All forms of art, such paintings, drawings, engravings, calligraphy, carvings, sculptures, collage and applied arts;g) Architecture;h) Maps;i) Batik art;j) Photography;k) Cinematographic works;l) Translations, interpretations, adaptations, anthologies, data-base and other works as a result of changing of form of mode.Works Protected (Under Copyright)The law recognizes three kinds of “uses” of copyrighted works:1. Free uses (uses that don’t trigger the law of copyright, such as reading a physical book); 2. Regulated uses (uses that do trigger the law of copyright, such as republishing a book;3. Fair uses (uses that trigger the law of copyright, but which are nonetheless free because the law deems them “fair” — such as copying words from a book in a review of the book).[6]So the works under Creative Commons License also protected by indonesia copyright law. The Licensor of CC license give the work to the user with licensing agreement. Black’s Law Dictionary, Licensor is“Person who gives or grants a license” dan licensee adalah “person whom a license has been granted”[7] Black’s Law Dictionary license is :”A personal privilege to do same particular act or series of act…..”or“The permission by competent authority to do an act which, without permission woul be illegal, a trepass atort, or otherwise woul not allowable”[8]Definition license in Indonesian Copyright Law No. 19 Year 2002 article 1 number 14License shall mean a permission granted by the Copyright Holder or the Holder of Related Right to another party to announce and/or to reproduce his/her works or products of his/her Related Rights under certain requirements. The Rights Owned by the AuthorCopyright consists of Economical and Morality Rights
- Economical rights shall mean a right to announce, reproduce and grant permission to announce and reproduce author’s creation. It is to get economical advantage from the related right of the creation as well as the product and this economical right can be transferred to a person or corporate body. And in my view at least, that’s not a bad thing either. Artists need to eat. Authors, too. A system to secure rewards to the creative community is essential to inspiring at least some creative work. That’s why if the works under CC noncommercial license want to be used in commercial way, we need to get permission by the creators with paying royalti or anything else.
- Morality rights shall mean a right, which is adhered and cannot be eliminated against a creator with no reason of any kind, although the right has been assigned by third party. That’s why CC License need an attribution of the works from user.Morality rights can be found in Copyright Law No. 19 Year 2002 article 24 :
The submission of Copyright on the entirely of a work to any other party shall not abridge the right of the author or his heirs to bring a lawsuit against those who without his consent:1. Deletes the name of the Author which is attached to the work;2. Attaches the name of the Author to the work;3. Changes or replaces the title of the work; or4. Changes the content of a work.So in the conclution, Creative Commons License in Indonesia? Why not.
[1] Creative Commons License , <http://wikipedia.org /wiki /Non-profit_organization.>, date of access 8 january 2007.[2] ibid[3] Lawrance Lessig, Choosing a License, <http:// creativecommons.org/weblog/entry/5661> , date of access 10 January 2007.
[4] Lawrance Lessig, Intellectual Property Conservancies, <http://creativecommons.org/legal>, date of access 10 January 2007.
[5] Dewi Astutty Mochtar, Perjanjian Lisensi Alih Teknologi Dalam Pengembangan Teknologi Indonesia, Penerbit Alumni cet 1,Bandung. 2001
[6] Lawrence Lessig, CC: Aims and Lessons,<http: //creativecommons.org/weblog/entry/5681>, date of access 10 January 2007
[7] Ibid
[8] Gunawan Widjaja, Seri Hukum Bisnis : Lisensi, (Jakarta : PT. Raja Grafindo Persada, 2001), page 3
