Tag: Creator

Can I apply a CC licence to my work if it incorporates non-CC licensed material?

It depends on the purpose of your publication.

Technically, yes, you may apply one of the Creative Commons licences to your work even if it incorporates material used under fair dealing, which is another exception or limitation to copyright. Still, it is important to prominently mark any third-party material so re-users do not think the Creative Commons licence applies to that material.

The Creative Commons licence only applies to the rights you have in the work. For example, if your Creative Commons licensed slide deck includes a Flickr image you are using under any exceptions to copyright law, make sure to identify that image as not subject to the Creative Commons licence. For more information about incorporating work owned by others, see our page about marking third-party content.

Suppose you publish a new creation, for example, an Open Access journal article. In that case, it is better to seek permission from the copyright holder, making it clear that you will apply an open licence to the whole work. Whilst they’ll indicate to readers that their copyrighted resource is excluded from this licence, you cannot control downstream use. Unfortunately, it may increase the chance that the third-party copyright owner will reject the request, compared to a request for a ‘paywalled’ publication where distribution is more limited.

Extract from the Creative Commons’ Frequently Asked Questions webpage. It is available from https://creativecommons.org/faq/#may-i-apply-a-cc-license-to-my-work-if-it-incorporates-material-used-under-fair-use-or-another-exception-or-limitation-to-copyright [accessed on 2 February 2022]

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

What is Intellectual Property (IP)?

Intellectual Property (IP) is a category of property that includes intangible creations of human intelligence.

It empowers creators to restrict others from using their creative works. It includes copyright, patents and trademarks, which are all protected by specific laws:

  • Copyright is a legal right that grants the creator of original work exclusive rights for its use and distribution
  • Trademarks enable producers of goods and services to protect their reputation, and they safeguard the public by giving them a simple way to differentiate between similar products and services
  • Patents give inventors a time-limited monopoly on their inventions as an exclusive right to exploit them.
  • Design rights protect the visual appearance of an object or part of an object.
  • Other types of IP are trade secrets, publicity rights and moral rights

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The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

Copying and creativity

How do we balance copying and creativity? Is there a boundary between building upon somebody else’s work and just plain copying? 

The video makes the case for understanding copying as a positive phenomenon that helps us learn, innovate, develop, and engage with others.

Copyright pertains to both the use and creation of work and the following video demonstrates that it is not just a set of rules but an exciting world worth exploring.

See the following links:

What is copyrightable?

Copyright Law

Exceptions in copyright


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The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.

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