Facilitate Open Science Training for European 
Research
Creative Commons: A Legal Overview
Associate Prof. Tatiani-Eleni Synodinou
Ioanna Tzagaraki & Georgina Athanasiou
Creative Commons
Introduction to Creative Commons
• Creative Commons, USA, 2002
• Standardized tools 
 grant permission to their copyright material

Creative Commons
Three "layers" of licenses
The licenses exist in three formats: 
readable by machines 
readable by humans (Commons Deed)
readable by lawyers (Legal Code)
Creative Commons
Few words about Creative Commons
• ‘work alongside copyright’
• ‘some rights reserved’ 
Creative Commons
Enforceability 
Curry v. Audax Case no. 334492 / KG 06-176 SR, 
• Dutch Court 
   JUSTICIABILITY  Creative Commons as a cause of action
From 2006 till now

never been found unenforceable
Creative Commons
Ported vs unported : What does it mean? What are the 
problems of ported licenses?
One of CC’s goals is ensuring that all of its legal tools work globally:
- translation 
- integration 
Older Versions
- translation 
- no integration 
4.0 Version
Creative Commons
Creative Commons
Unilateral Contracts
Offer Acceptance
Made to the whole world By performance
Contracts Licenses
More binding Permissions
Academia: contract law perspective
Jacobsen v. Katzer, 535 F.3d 1373 (Fed.Cir. Aug 13, 2008):
District court Court of Appeal
Only Contract law should be applied Copyright law can be applicable too
Creative  Commons
Creative Commons in the Cypriot Jurisdiction
• Chapter 149
Articles 2(2)(b), 7, 8
Acceptance
By applying the Creative 
Commons Legal Tools to 
the material
Offer
By starting acting within the 
scope of the license
Creative Commons
Consideration
no royalties
Jacobsen v Katzer:
“there should be recognized economic motives inherent in public 
licenses, even when profit is not immediate”
Creative Commons
Irrevocability
Is applied to already licensed material:
no termination of existent contracts by revocation
 licensees will 
- always use the licensed material 
- under the same terms which granted them accessibility in the first place
Creative Commons
Privity
 Share Alike
 Derivatives
B
A C
Initial Author Subsequent Author
Intermediate Licensee
Creative Commons
Section 5 – Disclaimer of Warranties and Limitation of Liability.
1. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor 
offers the Licensed Material as-is and as-available, and makes no representations or 
warranties of any kind concerning the Licensed Material, whether express, implied, statutory, 
or other. This includes, without limitation, warranties of title, merchantability, fitness for a 
particular purpose, non-infringement, absence of latent or other defects, accuracy, or the 
presence or absence of errors, whether or not known or discoverable . Where disclaimers of 
warranties are not allowed in full or in part, this disclaimer may not apply to You.
2. To the extent possible, in no event will the Licensor be liable to You on any legal theory 
(including, without limitation, negligence) or otherwise for any direct, special, indirect, 
incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages 
arising out of this Public License or use of the Licensed Material, even if the Licensor has been 
advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of 
liability is not allowed in full or in part, this limitation may not apply to You.
3. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a 
manner that, to the extent possible, most closely approximates an absolute disclaimer and 
waiver of all liability.
Creative Commons
Exclusion Clauses in Consumers Contracts
• Are licensees considered consumers in law?
   (directive 93/13/ec, Act 93(I)/1996)
• Directive 93/13/ec, art. 3(1):
An exclusion clause is unfair if:
- Not individually negotiated
- Causes significant imbalance
- To the detriment of the consumer
Creative Commons
Moral rights
Art. 7(4) Act 59/1976, art. 6bis Berne Convention
• Waivable
(Canada, United Kingdom, United States)
• Inalienable 
(France, Germany, Italy, Greece)
- the attribution right
- the integrity right
Creative Commons
Creative Commons
Attribution Right – (Name Reference)
The right of the author to claim authorship over his creation
• Mandatory to mention the name of the author 
 USA: Non Attribution
 Creative Commons Guidelines:
https://wiki.creativecommons.org/wiki/Best_practices_for_attribution 
Creative Commons
Integrity right
The right of the author to protect his honor or reputation 
• Violation of the spirit or essence of the project
•  Affect the original author’s honor or reputation

The creator keeps the power to maintain the integrity of his work. 
Creative Commons
Integrity Right Protection Example
 Picture A
 Modification by cut
 Possible integrity right violation
Thank you for your time!