The interpretation of Creative Commons licenses by US federal courts

Abstract

Over the past decade, a handful of copyright holders who offer their work under Creative Commons (CC) licenses have brought legal claims against parties who allegedly violated the license terms. This article identifies key issues in these lawsuits – e.g., fair use, attribution, remedies, commercial use– and examines the ways in which US federal courts have interpreted CC licenses in light of statutory law and case law. These cases show that the licenses serve as a legal contract that stands up in US federal courts.