Public licences ****************************************************************************************** * ****************************************************************************************** The legal basis for public licences is enshrined in § 2373 of the Civil Code. In general, can be described as a licensing agreement between a licensor and an unlimited, indefinite The contract is then concluded by the user beginning to behave in accordance with the term i.e. without explicitly notifying the licensor about it. From an open science perspective, public licences are a tool for opening up content: they removal of legal barriers that would otherwise prevent the granting of open access to an a or database. By using a public licence, the author ensures that everyone can use their cop or database in accordance with the terms of the licence that is attached to the work witho conclude an individual licensing agreement with the author or at least request the author' the work. The most well-known and widely-used public licences are the standardised Creative Commons "https://creativecommons.org/"] licences, which are used worldwide due to their versatilit years their application to project outputs is often required by the Research Funders’ Poli "https://openscience.cuni.cz/OSCIEN-30.html"] . However, other standardised public licence Data Commons (ODC) [ URL "https://opendatacommons.org/index.html"] , created with a specif licensing, are also available. ****************************************************************************************** * Creative Commons Licence ****************************************************************************************** Individual CC licences differ in the extent to which the licensed work can be used – the n licence, or the pictogram for the chosen licence, indicates specific rules for the treatme licensed work and what the licence prohibits. CC licences are thus an ideal tool for allow possible range of people to dispose of the work under clearly defined conditions. CC licences are de facto irrevocable [ URL "https://openscience.cuni.cz/OSCIEN-151.html#63 the author gives their work a CC licence and makes it available on the Internet, under suc work begins to be distributed in the public domain independently of the author. *========================================================================================= * Licensing elements *========================================================================================= CC licences are made up of individual licensing elements and combinations thereof. There a elements: • BY (Attribution) – is present in each of the six variants of CC licences and means that licensed work, attribution must be given, i.e. the following information must be provide • title of work • name of author • source (where the work was made available) • licence (under which the work was made available) • SA (ShareAlike) - means that if a new (derivative) work based on the (original) work lic SA element is created, this derivative work must be licensed using the same licence as t work. • ND (NoDerivatives) - means that it is forbidden to build upon the licensed (original) wo new derivative works, i.e. a collage, remix or translation. • NC (NonCommercial) - means that the licensed work cannot be used for commercial purposes *========================================================================================= * Individual Creative Commons licences *========================================================================================= The above specified licensing elements combine to create six licence variants that authors What they all have on common is that a work can be shared and the condition of attribution BY licensing element, must be met at all times. A user should never not state or adopt the work. The six licence variants are listed here, from the most liberal to the most restrict • CC BY: Attribution. This licence allows a work to be used in all ways (e.g. translation, derivative works, alteration, sharing), including use for commercial purposes, but subje condition providing attribution (see above). • CC BY-SA: Attribution - Share-Alike. While this licence allows you to use a work in all attribution must be provided at all times (see above) and users must comply with the con Alike (SA) licensing element. This means that, if a user creates a derivative work (a co work whose author is the user, but which is based on an original work – typically a tran sharing it, they must license it using the same licence as the original work, i.e. CC BY later version). • CC BY-ND: Attribution – No Derivatives. This licence prohibits the creation of new deriv typically translations. If derivative works are not created, the work can be used in all that attribution is given (see above). • CC BY-NC: Attribution - Non-Commercial. This licence prohibits the commercial use of a w therefore use a work in all ways, if such use does not benefit them commercially. In add must, of course, give attribution (see above). • CC BY-NC-SA: Attribution - Non-Commercial - Share-Alike. This licence allows users to us ways, provided that such use is not commercial. If a user creates a new (derived) work t to license, they must choose the same licence, i.e. CC BY-NC-SA (same or later version). here, the user must attribution (see above) every time the work is used. • CC BY-NC-ND: Attribution - Non-Commercial - No Derivatives. Authors who do not wish thei built upon or altered in any way (for example, translated), or for their work to be comm should opt for this licence. Again, there is an obligation to give attribution (see abov Licences containing three licensing elements (CC BY-NC-SA and CC BY-NC-ND) are quite restr combinations of multiple licensing elements represent more restrictive conditions for user we do not consider the ND licensing element to be suitable for making content available in mode, especially data, as it limits most of the essential means of reusing them; the ND co essentially limit the use of data only to the possibility of verifying that the data withi are mutually derived (e.g. a graph is generated from the data). With this in mind, we reco more liberal licences, particularly the CC BY and CC BY-SA licences. These two licences ar ones considered open licences in the meaning of the Berlin Declaration on Open Access [ UR openaccess.mpg.de/Berlin-Declaration"] , as they allow wide use of licensed works (includi of derivative works and the commercial use of licensed content). If you are not sure which licence to choose, use the simple application to choose the appr [ URL "https://creativecommons.org/choose/"] . *========================================================================================= * Versions and national adaptations of Creative Commons licences *========================================================================================= In addition to the specific licence variant, you must also select the licence version. If licence in version 3.0 and older, you can also choose one of the available national adapta licence. Licence versions are numbered; these are different versions of licences, numbered in ascen year of origin. The oldest version of the licences is version 1.0 from 2002, and the most 4.0 from 2013. National adaptations. For licences in version 3.0 and earlier, there is a so-called genera licence (designated Generic for versions 1.0, 2.0 and 2.5, and Unported for version 3.0), national (adapted) versions, i.e. versions with content deviations resulting from differen legal codes of individual countries. The adapted versions of licences are marked with the for the relevant country (e.g. the abbreviation AT in the CC BY 2.0 AT licence means that in version 2.0 is adapted to the Austrian legal code). For the most recent version 4.0, th versions no longer exist, as it is the only one of the versions that is international. Thi only translations into different languages are available, while the content of the licensi remains the same, because they have been formulated so as to comply with the laws of all s reason, we would strongly recommend using the latest international version 4.0. A full list of all versions and national adaptations of CC licences (including links to th the licensing terms) can be found here [ URL "https://creativecommons.org/licenses/list.en ****************************************************************************************** * How do I apply a Creative Commons licence to my work? ****************************************************************************************** First of all, you must clarify whether you have the right to license the work, i.e. if the any restrictions on your copyright (e.g. whether you have concluded a licensing agreement publisher that would not allow further licensing under a public licence, whether you have of all co-authors, or whether or not it is an employee work [ URL "https://openscience.cun OSCIEN-151.html#44"] ). If you are authorised to license the work, then all you have to do is select a specific li to the work (ideally in the most visible place, e.g. on the opening page of the text or on slide of the presentation) information about and a link to the text of the licensing terms licence. Such information about the attached licence may look like this: "This work is lic the Creative Commons Attribution 4.0 International Licence [ URL "https://creativecommons. by/4.0/legalcode.en"] ." The procedure is not formalised and there is no requirement to re anywhere. CC licences are available free of charge to anyone who is interested in using th works. In addition to a textual mark, pictograms, which are available for download [ URL "https:/ creativecommons.org/mission/downloads/"] on the Creative Commons website, can also be used with a licence (the attached pictogram should contain a hyperlink to the text of the licen selected licence). However, if the work is to be made available in printed form, the full URL address of the should be given instead of the hyperlink. ****************************************************************************************** * Public domain ****************************************************************************************** The most open way to publish an author's work is to "release" it into the public domain. T the author has waived all copyright to the work so that it can be used by anyone for any p any restrictive conditions and even without the need to credit the author. The waiving of (copyright waiver) is facilitated by special types of public licences, e.g. Creative Commo [ URL "https://creativecommons.org/share-your-work/public-domain/cc0/"] licence, which is included among the six basic variants of CC licences listed above, or the Open Data Common Dedication (ODC-PDDL) [ URL "https://opendatacommons.org/licenses/pddl/index.html"] licenc public domain can be clearly identified by the following pictograms: However, under Czech copyright law, copyright cannot be waived. This means that a Czech au attach, for example, the CC0 licence to their work. Should the author nevertheless do so, will be interpreted under Czech law as the CC BY licence, which provides users with the wi of authorisations and therefore most closely approaches the CC0 licence in terms of conten the situation is different for special rights of a database creator [ URL "OSCIEN-136.html copyright, these can be waived and the use of a CC0 or ODC-PDDL licence is therefore permi If the term of economic rights [ URL "https://openscience.cuni.cz/OSCIEN-151.html#39"] to years from the death of the author) expires, the author's work also becomes part of the pu "https://openscience.cuni.cz/OSCIEN-151.html#40"] . However, unlike works to which the aut copyright, author must always be credited when using these works. ****************************************************************************************** * Useful resources ****************************************************************************************** Publications  ALA. 2020. Creative Commons for Educators and Librarians [ URL "https://creativecommons.or for-educators-and-librarians-is-available/"] . Chicago: ALA    Websites  Creative Commons: www.creativecommons.org [ URL "http://www.creativecommons.org/"]   Creative Commons - Frequently Asked Questions: https://creativecommons.org/faq/ [ URL "htt creativecommons.org/faq/"]