[cc-community] Literary works and Creative Commons Licenses

Andrew Rens andrewrens at gmail.com
Sun Jan 27 12:05:25 EST 2008


Others have already answered your questions. I will attempt a bit more
detail, at risk of less clarity than those answers.
> I have several short tales, one is published on a non-profit cultural
> magazine website under full Copyright.

The question, as others have mentioned, is what rights did you give to the
Did you cede the copyright to the magazine? If so the magazine is now the
copyright holder, and would have to cede the work back to you for you to
licence it under CC.
Did you grant an exclusive license to the magazine? If so does that license
preclude you from re-publishing? If you granted an exclusive license you
remain the copyright holder and it depends on the terms of the license
whether you can re-publish.
Did you grant a non-exclusive license to the magazine? If so you can publish
under CC without the magazine's permission.

I know I can register them under CC but can I change the one already made
> public from Copyright to CC and vice versa?

Strictly speaking the version in the magazine remains under the all rights
reserved license, but you make another (possibly identical) version
available under CC.

Vice versa is not possible, once you have made a work available under CC you
may not withdraw the license for those copies of the work which other people
have acquired. In other words you can cease offering the work under CC, but
all the copies already in the hands of other people remain under CC, and
they can offer them under CC for further copying by others ad infinitum
provide them, and you will not be able to prevent them being available under
CC, although .

The above does not constitute legal advice, no attorney client relationship
is created and you rely on the answers at your own risk. (That should
constitute sufficient proof that I am a lawyer).
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