Creative Commons Attribution-NoDerivatives (CC BY-ND)

Creative Commons Attribution-NoDerivatives (CC BY-ND)
Name	Creative Commons Attribution-NoDerivatives
Abbreviation	CC BY-ND
Author	Creative Commons
Introduced	2004
License	Free cultural license (restricted)

Creative Commons Attribution-NoDerivatives (CC BY-ND) is a public copyright license that permits redistribution of a work, commercial and non-commercial, provided the work is passed along unchanged and in whole, with credit to the creator. It is one of the suite of Creative Commons licenses created to offer standardized terms for sharing creative works, and has been applied to visual art, photography, journalism, music, and digital archiving projects.

Overview

The license was introduced by Creative Commons as part of its initial 2004 release alongside variants that include Creative Commons Attribution and Creative Commons Attribution-NonCommercial. It is often selected by creators who wish to allow broad dissemination while preventing remixing, adaptation, or derivative works; similar concerns were voiced in debates involving Wikimedia Foundation policy discussions and content strategies at institutions like the British Library, the Library of Congress, and the Metropolitan Museum of Art. The ND element echoes provisions in legacy arrangements such as the Berne Convention-influenced rights practices of organizations including Getty Images, Agence France-Presse, and Associated Press.

License Terms

CC BY-ND requires attribution to the original author, aligning with attribution norms codified in many jurisdictions via instruments like the Berne Convention and national statutes such as the United States Copyright Act and the Copyright, Designs and Patents Act 1988. The NoDerivatives clause prohibits distribution of adaptations, translations, or other modifications; this prohibition has implications for projects governed by entities such as Wikimedia Foundation, Europeana, and platform providers like YouTube and Flickr. The license text references moral-rights regimes encountered in the European Union, Canada, and Australia, and interacts with database-protection frameworks such as the Database Directive.

Allowed and Prohibited Uses

Under CC BY-ND, users may copy, distribute, and display the original work, enabling reuse in contexts managed by organizations like Smithsonian Institution, National Archives (United Kingdom), New York Public Library, and publishers such as Penguin Random House when the work remains unchanged. Prohibited actions include creating translations, remixes, mashups, or any derivative adaptations that would alter the work’s expression—activities commonly practiced by artists represented by Universal Music Group, Sony Music Entertainment, or remix cultures around works in festivals like SXSW and Coachella. Commercial exploitation is permitted if the work is unmodified and credited, affecting licensing strategies at media outlets such as The New York Times, BBC, The Guardian, and agencies like Reuters.

Versions and Compatibility

CC BY-ND exists across multiple versions maintained by Creative Commons, including compatibility considerations between international ports and unported versions; version updates have parallels to revision processes in international instruments like the WIPO Copyright Treaty and institutional migrations undertaken by archives such as Europeana and the Digital Public Library of America. Compatibility with other licenses (for example, combining with GNU General Public License materials) is limited because the NoDerivatives term is not reconcilable with copyleft obligations applied by organizations such as the Free Software Foundation or contributor agreements used by projects like Debian and Apache Software Foundation-hosted repositories. Interoperability discussions appear in policy forums hosted by Stanford University, Harvard University, and MIT.

Adoption and Notable Use Cases

The license has been used by photographers, journalists, and institutions that prioritize integrity of the original work; notable adopters include collections at the Victoria and Albert Museum, exhibits curated by the Tate Modern, and some content released by the Smithsonian Institution. News organizations and wire services such as Agence France-Presse and Getty Images have influenced norms that intersect with CC BY-ND selection, while artists represented by galleries like Gagosian Gallery or estates managed by institutions including the Solomon R. Guggenheim Museum have employed NoDerivatives-style restrictions. Educational publishers and cultural heritage projects at institutions like Oxford University Press, Cambridge University Press, and Harvard University Press have at times considered ND terms when protecting scholarly editions and curated digital exhibits.

Criticism and Legal Issues

Critics argue that the NoDerivatives clause restricts cultural remix practices central to communities around Wikipedia, Flickr, DeviantArt, and fan conventions such as Comic-Con International, limiting translation projects at organizations like Translators without Borders and adaptation-driven pedagogy at universities including Columbia University and Yale University. Legal disputes and compliance questions arise over what constitutes a derivative in cases involving format shifting, cropping, or minor edits, producing litigation patterns reminiscent of disputes involving rights holders such as Viacom and platforms governed by decisions like those in Lenz v. Universal Music Corp.. The clause also raises policy tensions for open-access mandates advocated by funders like the Wellcome Trust and institutions implementing open licenses, prompting guidance from legal clinics at Stanford Law School and policy groups including Electronic Frontier Foundation.

Category:Open content licenses