- A. Overview
- B. Media and formats
- C. Technical modifications
- D. Necessary for the exercise of the licensed rights
- E. Effective technical protection measures
- F. Version history
A. Overview
53 The provision takes into account technical progress and different legal systems around the world and ensures that the licences are technology-neutral. This also allows the use of licensed material in formats that were not foreseeable at the time of licensing. To address any compatibility issues, In order to counter any compatibility problems, corresponding modifications to the material are also possible (see margin note 58 ff.) – even in the case of ND-licensed works, and even if this requires the circumvention of protective measures.
B. Media and formats
54 The exercise of the rights granted by CC licences is fundamentally independent of the media and formats used. In particular, it is irrelevant whether the media and formats in which the use takes place or is to take place are already established or are only developed after licensing. The media and formats are not limited to digital media: for example, it is also permissible to print out a work that has been distributed digitally and to share a copy of it
55 However, this does not include translation into other languages or the filming of a book text – these forms of work adaptation are only permitted with the appropriate licences that allow modifications (i.e. licences without the ND condition).
C. Technical modifications
56 Technical modifications necessary for conversion into other formats are permitted for the exercise of the licensed rights. This refers, for example, to the possibility of converting an image from PNG to vector format for the creation of high-resolution print files, or of creating a PDF file from a text file. It is essential for these modifications It is essential for these modifications that they do not alter the content of the work. Therefore, technical modifications required for conversion into other formats of ND-licensed works are not a problem: the modification does not affect the content of the work, and no derivative work within the meaning of the CC licences is created; this is also explicitly clarified at the end of the section.
57 The term "technical" modifications is clearly distinguished from content-related, design modifications that relate to the work itself (see the comments on derivative works in section 1.a). Technical modifications, on the other hand, relate to the medium and format of the work.
D. Necessary for the exercise of the licensed rights
58 The permissibility of conversion into other formats and for other media under this section of the CCPL also requires that it is necessary for the exercise of the licensed rights. This is particularly relevant with regard to ND-licensed works, which also include this section in their licence – because in these cases, no modifications are actually permitted if the work is to be distributed.
59 It is therefore essential that only those modifications are permitted that are necessary for the exercise of the licensed rights; only these modifications do not – within the meaning of the licence – result in a modified work .
60 In principle, all modifications that are necessary to perceive, copy and distribute the work are therefore permitted ; these rights are part of all CC licences. If the work is not subject to an ND condition, any changes are permitted anyway. If the work is subject to an ND licence and, for example, a technical protection measure prevents changes to the content of the work, this measure may not be circumvented if the content of the work is changed and the work is also distributed. If the work is subject to a ND licence and, for example, a technical protection measure prevents changes to the content of the work, this may not be circumvented if the content of the work is to be changed and also distributed. In the event that no distribution is to take place, modifications – both to the content and technical aspects – are generally permitted even for ND-licensed works.
61 In addition, it may be necessary to adapt a work for commercial use (e.g. shortening a text to a certain length so that it can be printed, or shortening a song so that it can be sold to a radio station). However, these are not (merely) technical modifications, as the changes to be made affect the substance of the work. Accordingly, such modifications to a CC BY-ND-licensed work are not permitted.
E. Effective technical protection measures
62 In order to exercise the licensed rights, it may be necessary to circumvent technical protection measures (such as the copy protection attached to a CD or DRM measures on a file). The circumvention of effective technical protection measures is generally prohibited under copyright law, cf. Sections 95a et seq. UrhG. For the definition and distinction between effective and ineffective protection measures, see Section 1.d.
63 The licence does not explicitly grant permission to circumvent permission to circumvent, but stipulates that the licensor either waives its rights in this regard and/or guarantees that it will not exercise its rights – provided that only the licensed rights are to be exercised. Anyone who makes technical modifications in order to circumvent technical protection measures in order to exercise the licensed rights has the necessary permission to do so.
64 However, the circumvention option is limited to effective technical protection measures that have been installed by the licensors. Since CC licences are non-exclusive,
F. Version history
65 In versions 2.0 and 3.0 (unported), the relevant provision is found at the end of section 3: "The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats."
66 The explicit statement that licensors waive the assertion or enforcement of claims due to the circumvention of technical protection measures was introduced for the first time in version 4.0 – however, only for clarification purposes, not as a new provision.
Creative Commons License
Open Access Kommentar, Commentary on Section: 2.a.4. Media and formats; permission for technical modifications is licensed under a Creative Commons Attribution 4.0 International License.
