What Does a Software Executive Need to Know About the Creative Commons License?

August 17, 2010

Every software or SAAS executive should learn about this. It is just one of those things to be aware of, because it is a really big deal in the licensing world. So what do you need to know?

  •  What is the Creative Commons License Program? It is a new way to license copyrighted material, as essentially there is so much confusion out there regarding what people can and cannot do with content, images, music, etc (especially on the Internet). The fundamental idea is to try to find a more efficient way (i.e. take out the intermediaries) to allow people to use copyrighted material through the use of icons/badges, a legal license and embedded code, and to move away from the concept of ‘All Rights Reserved’ to ‘Some Rights Reserved.’ More info here.  
  • How Does it Work?  The creative commons is a non-profit organization that promotes the use of their free tools to allow people to license their copyrighted material. 
  • What Do I Need to Know?
    • First, the Creative Commons license program should NOT be used to license software (they actually say this, so don’t take my word for it (see about 1/3 down this page)). 
    • Second, I also suggest you do not use it for your documentation, even though they suggest it. I think documentation should be kept proprietary and licensed just like the software.
    • Third, so what can you use it for? Maybe your blog or some marketing material (maybe part of your content marketing strategy in support of your lead generation services?). 

There is a lot more to learn about this program, and I really do think it is a great program, but any software or SAAS based company should be careful about how they use these tools. Any company seeking growth equity or a venture capital advisor should take a read and at least learn the basics about the Creative Commons Licenses (oh yeah, talk to your copyright attorney first too). 
Resource: Here is one of their great short videos to explain the CC program and their reason for existence: Video

Disclaimer: This post is for educational and informational purposes only, and does not constitute legal advice. Contact your attorney for specific legal advice. 

President and Shareholder

<strong>Jeremy Aber</strong> consults OpenView portfolio companies on legal and contract matters. Jeremy runs his own IT focused law firm, the <a href="http://www.aberlawfirm.com/">Aber Law Firm</a>, and has over 18 years experience in technology and corporate law.