43 The CCPL states in several places that CC licensing does not create a situation in which the licensed materials are subject to restrictions that go beyond the freedoms granted under statutory licences:
Section 2.a.2 stipulates within the scope of the licence grant that the CCPL does not apply and conditions do not have to be complied with if exceptions and limitations apply to the use.
Section 8.a clarifies – albeit without using the terms "exception" and "limitation" – that the CCPL does not impose conditions on uses that would be permissible without a CC licence permit.
44 At the same time, the primacy of exceptions and limitations, where applicable, does not trigger any CC licence obligations because the licence agreement is not concluded.
45 The definition of "exceptions and limitations" cites fair use and fair dealing as two examples of concepts for the legally permitted use of copyright-protected material. "Fair use" is a doctrine in US law that permits the use of copyright-protected content under certain conditions
46 From the perspective of German copyright law, all statutory permissions for use under Sections 44a et seq. of the UrhG fall under the definition of exceptions and limitations, for example, that use falls under the statutory freedom to quote (Section 51 UrhG) or under the freedom to make private copies (Section 53 (1) UrhG).
47 The public domain of content does not affect the CCPL, meaning that it never imposes conditions on the use of copyright-free content.
Creative Commons License
Open Access Kommentar, Commentary on Section 1.e./d./f. Exceptions and restrictions is licensed under a Creative Commons Attribution 4.0 International License.
