Marking/Creators/Marking third party content

Marking best practices also apply for any third party content your work incorporates. Third party content refers to material created by others, or more precisely, in which the licensor is not the copyright holder. Third party content could be offered under a Creative Commons license, restricted by All Rights Reserved copyright, or anything in between. You should obtain any permissions required for your use of third party content and abide by any license restrictions.

在您的作品中使用与您的其他作品没有相同许可条款的第三方内容可能需要额外的标记。If you include works offered under other Creative Commons licenses,additional markingmay be required for attribution. If you include third party content in your work that may not be available for reuse under the same terms as the rest of the work, you should warn users and mark it with any additional information that may be helpful. CC offersadditional explanation and tipson giving thorough notices and marking for works.

Marking works offered under other CC licenses

Here's how you may want to consider marking third party content that is offered under different CC licenses.

Example of marking your own work:

Except otherwise noted, this blog is © 2009 Greg Grossmeier, under a Creative Commons Attribution-ShareAlike license://www.familygiver.com/licenses/by-sa/3.0/.

Example of marking the differently licensed item:

The photo X is © 2009 Jane Park, used under a Creative Commons Attribution-Noncommercial license://www.familygiver.com/licenses/by-nc/3.0/.

In general, when using works offered under Creative Commons licenses you should consider adhering tobest practices for marking that content.

Notices and marking

CC许可旨在让其他人知道他们如何在不侵犯版权的情况下使用作品。有时，许可方在许可条款之外为用户提供指导可能会有帮助。CC许可方可以使用通知和标记来通知用户使用CC许可对其作品的任何限制。通常情况下，创作者要么在相关内容旁边，要么在作品的开头或结尾，根据媒介的需要，或者两者兼而有之。没有单一的、正确的通知方式，不同的情况可能需要或多或少复杂的通知和标记。CC offersadditional explanation and tipson giving thorough notices and marking for works.

Additional explanation and tips

CC许可旨在让其他人知道他们如何在不侵犯版权的情况下使用作品。有时，许可方在许可条款之外为用户提供指导可能会有帮助。CC许可方可以使用通知和标记来通知用户使用CC许可对其作品的任何限制。用户应仔细观察许可方的任何通知或标记。

When a creator or rightsholder applies a Creative Commons license to a work, the license automatically applies to any copyrights the licensor has in the entire work. Ideally, licensors will haveall the rights necessary to license a work，因为它们可能会让用户承担责任。或者，没有所有必要权利的许可方可以通过通知声明和/或解释许可限制的标记来通知用户，警告，例如，作品的某个特定元素不能免费获得或可能需要额外的权利许可。一些许可人可能还希望免除作品的某些部分不受CC许可的应用。例如，创建者可能希望对一本书的一个章节应用CC许可。卡塔尔vs葡萄牙分析知识共享许可在其应用中是灵活的，许可方可以在他们认为合适的时候使用它们。但是，为了避免用户产生混淆或误解，必须清楚地对作品进行标记，以识别不受CC许可约束的部分。

Two common marking practices

CC has found that licensors often use two mechanisms to mark works like those described above. Some licensors include a general notice within their copyright and licensing notice that identifies those portions of the work that are not subject to the CC license. This may take the form of a general notice letting licensees know that some of the content is not licensed under the CC license applied, may be subject to another license arrangement and/or may not be available for reuse. Ideally, these types of notices specifically identify that content. This style of notice is popular in mediums like video, where a notice at the beginning or the end is convenient and the standard. Other licensors choose to mark the specific content with a notice to that same effect at each instant it occurs, instead of providing a general notice attached to the work. Ideally, licensors will do both for maximum clarity.

As a best practice, licensors should give clear and effective notices. Notice may be in any form the licensor chooses and should clearly explain what rights and substantive portions of a work are and are not licensed. Some licensors include the following general notice along with the license icon: "Except where otherwise noted, this work is available under [license version]." Licensors can then use marking, for instance a watermark, colored background or any other method desired to indicate elements to which the license does not apply. For instance, some licensors individually mark pieces of content to which the license does not apply with explanatory text such as “(c) copyright holder--used with permission” or “The CC license does not apply to this picture.” Licensors in that situation, however, should also ideally explain their marking scheme in the general notice.

Tips for a clear and informative notice

There is no one, right way to give notice, and different situations may require more or less complicated notices and marking. The following tips may be helpful, however, in designing a clear and informative notice.

1. Define the work

Substantively define the work to which you are applying the license. A notice that "this work" is offered under a CC license tells a user much less than one that gives the work's title or defines the work. If you intend to license a song, name the song. If you intend to license part of a work, describe that part. For instance, an author of a novel could offer one chapter under a CC license and use the following notice: "Chapter X of Novel Y by Author Z is offered under [license version].” Licensors who define the licensed work make it easier for users to understand which works and parts of works are licensed and available for use.

2. Identify any parts of the work to which the license does not apply

Here the licensor should describe all of the elements of the work (as defined in the first step) to which the license does not apply, and thus are not available for use under the license terms. You may list reserved elements in the general notice, or you can describe and implement a marking procedure such as watermarking or text notices that you will use to denote those elements of the work that are not licensed. Licensors should inform users about any portions of the work to which the license cannot apply because the licensor does not have the necessary rights, and any places where the licensor has opted not to apply the license as a strategic matter.

3. Identify the rights licensed that you have in the work (as far as you know) and any rights that are not licensed because you do not have them.

When licensors are the owners of, or are authorized to exercise, all rights related to their creative works, including copyright and publicity/privacy rights, marking a work is not problematic. However, some licensors do not own all rights related to their works.

版权是一组权利，如复制权和发行权，这些权利是可分割的，可以由不同的方持有。没有所有权利的许可方应列出他们所拥有的权利。例如，一个拥有歌曲录音的表演权，但不拥有歌曲创作权的许可方应该这样说。授权人应试图提醒用户其他人拥有的任何可能影响他们重用作品的能力的权利。

4. Grant any additional permissions

许可方可以使用通知授予超出许可授予的额外权限。例如，选择NoDerivatives或NonCommercial许可的许可方可以授予用户在特定条件下创建衍生品或进行商业用途的许可。请注意，许可方可以使用通知来扩大许可授予范围并授予额外权限，但通知不能限制CC许可已经授予的任何权限。

5. Convey any supplementary requests or information

许可人应使用通知通知用户任何额外请求或信息。例如，如果您想要一个特定的属性声明，您可以在这里请求它。您还可以决定包括您的联系信息和其他任何您想要传递给用户的信息。