Free licenses are contracts by which the author authorizes the copying, modification, distribution, and dissemination of their work by a wide audience, concurrently, without transferring the attached copyrights.
Thus, a work under a free license remains the property of its author. The author continues to exercise their economic rights by defining, in advance, how their work can be copied, modified, distributed, and disseminated.
A work under a free license is distinguished from a work that has entered the public domain, where the protection period for the author’s economic rights has expired (70 years after the author’s death).
Generally, the work under a free license is made available to the public for free, and this, in full legality.
According to the provisions of article L. 122-7 paragraph 1 of the Code de la propriété intellectuelle (CPI): “The right of representation and the right of reproduction are transferable free of charge or for a fee.”
Similarly, according to article L.122-7-1 “The author is free to make their works available to the public free of charge, subject to the rights of any co-authors and those of third parties as well as in compliance with the conventions they have concluded.”
Which works can be under a free license?
Long reserved for software, free license contracts have progressively extended to music, films, drawings, documents, photography, literature, graphic design, video games, multimedia, among others.
How do you recognize a work under a free license?
Generally, the author graciously authorizes access, copying, dissemination, and modification of their work, provided that the sources or references of the work are mentioned.
There are different free licenses, each presenting specificities. There are also combinations of logos representing the authorizations that can be given to users.
Creative Commons licenses may include additional conditions and restrictions.
- The “Attribution” (BY) option. It consists of mentioning the author’s name and the sources. Requirement of respect for authorship common to many free licenses.
- The “Non-commercial use” (NC) option. The author authorizes reproduction, dissemination, or modification subject to non-commercial use.
- The “Share alike” (SA) option. The author authorizes the reproduction, dissemination, or modification of their work if the user shares the delivered work under the same conditions as the initial work.
- The “No Modification” (ND) option. The author prohibits the creation of derivative works. They only authorize the reproduction or dissemination of the original work. Any modification must be previously authorized by the author.
The four options can be combined.
We distinguish 6 usual CC licenses, namely:
(CC BY) Paternity mentioned (attribution)
(CC BY-SA). Attribution and share alike.
(CC BY-ND). Attribution and no modification.
(CC BY-NC). Attribution and no commercial use.
(CC BY-NC-SA). Attribution, no commercial use, and share alike.
- The Free Art License
The Free Art License authorizes, for free or for a fee, any user to copy, disseminate, transform a work subject to keeping the modified work under the same license or under a compatible license.
In addition, the user who disseminates a work under the Free Art License must mention the name of the author(s) who contributed to the common work.
Failure to comply with the conditions provided by the Free Art License may constitute an act of infringement engaging the civil and criminal liability of the user.
In practice …
It is up to the author to specify to third parties which elements are subject to the free license and to mention them visibly (for example in the legal notices)
If it is a common work, all the authors must give their agreement regarding the content of the free license.
Although a work is free of rights, the author still retains their moral rights and can control, at any time, the uses made of it.
It is therefore important to respect the integrity of the work and not to infringe on the author’s moral rights by citing, for example, their name and the title of the work used.
Should free licenses be used?
Free licenses favor creation and access to a vast cultural heritage where each individual can in turn become a creator. Also, we can speak of sharing and personal enrichment.
However, most free licenses are free of charge, not giving rise to direct remuneration for authors. One can, therefore, wonder how authors earn a living from an exploitation under a free license? What is the interest, for the author, in placing their work under a free license?
Generally, the free license allows an author to freely share their creations while keeping control of what is done with their works. The author is fully master of their rights.
Furthermore, a work that is free and placed under a free license is more easily shared and can help an artist to make themselves known.
Finally, the author’s remuneration can consist of a donation, social recognition, or advertising.
