Creative Commons Licenses

Creative Commons is a non-profit organization that was founded by Lawrence Lessing, Professor of Law at Stanford University, which offers models of free licenses that allow authors to deposit their work freely on the Internet, limiting the uses of such works can be done. They are closely related to the Open Access movement and are included in the institutional repositories so that the authors, when depositing their documents, can choose the conditions of access and protection of their work.

Creative Commons Licenses are born to share and reuse creative works under certain conditions. With the Creative Commons licenses, the author authorizes the use of his work, but the work continues to be protected.

In front of the COPYRIGHT that means "all rights reserved", the Creative Commons propose "some rights reserved". The four conditions of Creative Commons licenses are:

Recognition: The author allows copying, reproducing, distributing, publicly communicate the work, as well as to perform derivative works (translation, adaptation, etc.) and make it commercial use, as long as it is cited and recognize the original author.

No derivative work: The author does not allow generating derivative works.

Non-commercial: The author does not allow commercial use.

Share the same: The author allows copying, reproducing, distributing, publicly communicate the work, and generate derivative works but under the same license.
The electronic magazine Opuntia Brava adopts the following CC-BY-NC-ND license.

All Creative Commons licenses require the recognition of the author of the work and, if the author wants, the source (for example, institution, publication or magazine) where it has been published must also be indicated. Creative Commons licenses are free and therefore, the best way to ensure the remuneration of the author is to exclude commercial uses and derivative works (ie, the license of Recognition - Non-commercial - No derivative work). These licenses are established in perpetuity, that is, the entire duration of the protection of the work. The author reserves the right, at any time, to exploit the work with another license (either Creative Commons or not), or even to withdraw it, but the previously granted license will continue in force. Creative Commons licenses are not exclusive, so the author can grant other licenses on the same work with different conditions, but the subsequent licenses can only be granted under non-exclusivity.
The use of works with Creative Commons licenses requires:
When a user decides to use a work with a Creative Commons license, he / she becomes a licensee and agrees to accept and respect the conditions of the license established by the author.

In the case of infringement or infringement of a Creative Commons license, the author, as with any other work and license, must appeal to the courts. In the case of a direct infringement (by a user of the Creative Commons license), the author may sue both for infringement of intellectual property and for breach of contract (since the license creates a direct link between author and user / licensee). The moral right of integrity collected by Spanish legislation is protected even if it does not appear in the Creative Commons licenses. These licenses do not substitute or reduce the rights that the law confers on the author; therefore, the author could sue a user who, with any Creative Commons license, modified or mutilated his work, causing damage to his reputation or his interests. Of course, the decision as to when there has been mutilation and when the mutilation harms the reputation or interests of the author would be in the hands of each Judge or Court.