Creative Commons License upheld in Germany

Submitted by martha on October 7, 2011 – 4:50pm

Thanks to Creatve Commons for letting us know about the German case in which the CC-BY-SA license was upheld. From Mike’s post:

The photo . . . . was used without providing attribution to the photographer and without providing notice of the license used, both core requirements of all CC licenses. This is an exciting ruling for CC, as the attribution and notice requirements are very clearly stated and upheld.

Additionally, we have been permitted to reveal that the defendant was a far-right party. This is somewhat ironic, given that an occasional objection to using a CC license is that one’s work could be exploited by Nazis (or other extremely objectionable parties). Of course the defendants could have correctly complied with the license (if they were smart and diligent enough), but then CC licenses contain further protections for reputation and integrity.

In all of my work involving copyright most artists tell me the ethics around attribution and reputation are the most significant issues for them rather than the remunerative aspects of copyright. It is equally important that artists take note of this decision and realize that CC licenses afford some of the very protections that matter most.

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