ShareAlike compatibility process and criteria

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The compatibility mechanism in the CC ShareAlike licenses allows contributions to an adaptation to be licensed under a different license if “approved by Creative Commons as essentially the equivalent of this Public License” and listed on the Compatible Licenses page.[1]

作为CC授权的管理者，我们认为重要的是要确保授权方可以信任，当他们在我们的授权下授权他们的作品时，我们的授权对他们来说很重要的特性在他们的作品被改编时继续得到尊重。卡塔尔vs葡萄牙分析知识共享寻求尽可能地满足许可方的期望，但我们也寻求通过声明与与我们的许可具有相同基本目的和效果的其他许可兼容，来扩大可混合内容的共享。当您审查下面的流程和标准时，请记住这些考虑因素。Learn more about how ShareAlike compatibility workshere.

Creative Commons may revise this document in the future, with a 30-day public consultation before any changes are made final.

Process for Compatibility Evaluation

1. A proposal for a candidate license is made to Creative Commons via a posting to appropriate CC communication channels such as a mailing list or Slack channel.

The proposal must include a link to the full text of the license posted by the steward.[2]由许可证管理人员提出建议并不是必须的(请参阅下面的过程说明)，但是强烈建议这样做。CC也可以通过提出一个候选许可证来开始这个过程。包含大致相同文本的类似许可可以一起提出或分析。

2. Creative Commons creates a wiki page for the candidate license.

The primary place of public discussion will be the CC license development and versioning list; however, relevant information about the proposal, a summary of the points of discussion, and analysis of whether compatibility criteria are met will be posted on the wiki.

3. Creative Commons publishes a preliminary comparison and analysis of the CC license and the candidate license.

This comparison maps elements and features of the CC license to elements and features of the candidate license, and analyzes relevant differences.

4. The public discussion period begins.

The public discussion period will typically remain open for 30 days. If complicated issues arise, it may be desirable for the discussion to last longer than 30 days until issues are understood fully. However, Creative Commons also reserves the right to close the public discussion early if we determine that a candidate license clearly does not meet our criteria for compatibility.

5. CC issues a compatibility determination.

Creative Commons will issue a determination detailing reasons why a candidate license is or is not compatible with the CC license. The decision will be posted to the CC license development and versioning list, and posted on the wiki page.

If compatibility is declared, Creative Commons will list the license as a compatible license on itscompatible licenses page. Reusers of works under the relevant CC license may thereafter apply the compatible license to the contributions they make to adaptations of those works. If CC declines to name the license as compatible, Creative Commons will list the candidate license as reviewed but not deemed compatible on itscompatible licenses page. The candidate license will not be reconsidered for compatibility unless the license steward addresses the identified concerns.

Process notes.

This is not intended as an approval process or a recommendation process.

A compatibility determination means only that you may license your contributions to adaptations of BY-SA or BY-NC-SA licensed works under that license; it is not a recommendation, and a determination that a license is incompatible does not mean that CC recommends against using that license in other circumstances.

我们鼓励执照管理员的参与。

CC would strongly prefer that the license steward participate in the compatibility discussion, particularly if a statement of interpretation or intention is necessary to address concerns or clarify uncertain issues.
For two-way compatibility, it's often the case that the stewards of both licenses must work together to remove inconsistencies between the licenses, possibly through versioning of one or both of the licenses. CC does not anticipate versioning again in the foreseeable future, but did work with the license stewards of several compatible license candidates during the 4.0 versioning process in anticipation of this process. In cases where licenses are not actively stewarded, participation of the relevant license-user community may be sufficient. If there is no active community of licensors, the value of a compatibility determination may be small, unless there is a very large existing pool of content otherwise incompatibly licensed.

Minimum Compatibility Criteria

General.

To be compatible with BY-SA or BY-NC-SA, a candidate license must have the same purpose, meaning, and effect as the corresponding CC license.[3]对于下面的每个标准，候选许可证不一定要提供相同的处理。只要候选许可证中对相关因素的处理接近CC许可证中的处理，那么兼容性是可以实现的。这并不是一个完整的标准列表。CC保留不声明基于其他因素的许可证兼容的酌处权。

Technical note about adaptations of CC-licensed material.

When an adaptation of a CC-licensed work is created, use of the adaptation requires compliance with the original CC license and the license applied by the adapter to contributions she makes to an adaptation. This means the licenses“stack”in the sense that users of the adaptation need to be aware of and comply with the terms of the original license and the adapter’s license.[4]For this reason, the conditions of compatible licenses must align closely with the corresponding CC license. This best respects the expectations of the original CC licensor, and comports with the expectations and practices of reusers of adapted works.

Minimum compatibility criteria.

  • An approved ShareAlike compatible license must at a minimum:
  1. contain a ShareAlike mechanism;
  2. contain an attribution mechanism;
  3. license rights under copyright;[5]
  4. for BY-SA, not violate the definition of Free Cultural Works;[6]and
  5. for BY-NC-SA 4.0, contain a noncommercial limitation.

Additional considerations

  • An approved ShareAlike compatible license does not need to be reciprocally compatible with the CC license – that is, two-way compatibility need not exist – provided there are strategic policy or practical reasons for allowing one-way compatibility with a particular license.
  • An approved ShareAlike compatible license may impose more conditions on reuse than the corresponding CC license, but only so long as the extra conditions do not unduly burden reuse or neutralize important features of the license.[7]
  • An approved ShareAlike compatible license should address Effective Technological Measures in some way, but not necessarily in the same way as the CC licenses: for example, CC may consider a candidate license that allows licensees to impose ETMs on the conditions that an unencumbered copy is distributed in parallel. It’s also possible that a candidate license addresses ETMs implicitly, such as through other terms which imply a restriction on imposing ETMs.
  • While an approved ShareAlike compatible license must contain an attribution requirement, it is not necessary that the requirement align precisely with the CC licenses. Acceptable variation will be determined on a case-by-case basis.

Changelog

  • 2 June 2014: Initial published version.
  • 8 June 2021: Updated process to account for retired mailing list. Made reference to communication channel generic.

Notes

  1. ↑Note that the BY-NC-SA license did not contain a compatibility mechanism in versions prior to 4.0. The mechanism is contained in both BY-SA and BY-NC-SA as of version 4.0.
  2. ↑CC may require additional information in connection with the proposal, such as identification of the important license features.
  3. ↑This requirement was originally dictated by the language in BY-SA 3.0, and was carried forward in BY-SA 4.0 and BY-NC-SA 4.0.
  4. ↑However, starting with the version 4.0 ShareAlike licenses, it is explicitly clear that downstream users of adaptations created from 4.0 licensed works may satisfy the terms of the upstream license(s) – version 4.0 – by complying with the conditions of the adapter’s license. That means, for example, that someone using the adaptation may attribute the original author in the manner prescribed by the adapter’s license (i.e. the compatible license) rather than the manner dictated by the version 4.0 license applied to the original.
  5. ↑At a minimum, a candidate license must license copyright. The extent to which the candidate licenses fails to license or otherwise address the other rights covered by CC licenses (e.g., sui generis database rights), or licenses additional rights beyond those in the CC license (e.g., patent rights), will be an important part of the compatibility analysis. Even where a difference in license scope is not deemed a barrier to compatibility, it may be necessary to require that special care be taken so that reusers are aware of the differences.
  6. ↑CC hascommittedthat its BY-SA licenses will always be compliant with theDefinition of Free Cultural Works. While theOpen Definitionwasn’t included in that earlier statement, we may also look to that standard of openness for guidance as we evaluate candidate licenses. Licensors who choose BY-SA expect that their material will only be reused in ways that ensure that downstream users know they have the ability to reuse and remix.
  7. ↑例如，一些主要用于软件的潜在兼容许可要求重用者分发或提供源代码以方便修改。CC许可不是为软件设计的，也不包含同等条款。However, this sort of additional condition may be acceptable in a compatible license if necessary steps are taken to ensure it does not unduly complicate reuse.
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