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Creative Commons Licence

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COURT AFFIRMS CREATIVE COMMONS LICENSE

A Dutch court has ruled that a publisher who used photographs protected by a Creative Commons license is subject to the terms of that license, marking what is likely the first case law pertaining to the Creative Commons. Former MTV VJ Adam Curry had posted photographs of his daughter on Flickr and assigned one of the Creative Commons license levels to those photos. A Dutch gossip magazine published those photos without Curry's permission, in violation of the terms of the license. The magazine argued that the licensing terms were unclear and that information about how to obtain further information about the license was not obvious. The court rejected that argument, saying the onus is on users of copyrighted content to understand the applicable license and obtain necessary permissions. According to Creative Commons Canada, the ruling sets an important precedent in that it affirms the Creative Commons licenses, which are a relatively new program for specifying usage rights, and that it holds users of protected content liable "even without expressly agreeing to, or having knowledge of, the conditions of the license." CNET, 21 March 2006 http://news.com.com/2100-1030_3-6052292.html

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