What is the difference between a licence, a deed and the legal code?
The legal code is the binding document. When you open a Creative Commons license page you see three layers: a human-readable deed, the lawyer-readable legal code, and the machine-readable metadata. The license is the whole package. The exact condition that governs every reuse is this: only the legal code can be cited in a dispute. A deed that contradicts it is wrong. For version 4.0 licenses the deeds are authoritative summaries and you can rely on them. For older licenses the deeds are not authoritative; cross-check them against the legal code. Open the legal code now: append /legalcode to the deed URL and read the clause that covers your intended use.
The Three Layers: Human-Readable, Lawyer-Readable, Machine-Readable
Read The Deed First
The deed is a one-page plain-English summary of what the license permits and requires. It uses icons and short sentences: "Attribution: You must give appropriate credit." It is written for creators and reusers who are not lawyers. The deed is not the license itself. If a deed says something the legal code does not, the legal code wins.
Rely On The Legal Code
The legal code is the full text, written in formal legal language. It is the single binding document. A court or arbitration panel interprets the legal code, not the deed. Every Creative Commons license has its own legal code. The URL is the deed URL plus /legalcode. For the CC BY 4.0 deed at the official CC BY 4.0 deed the legal code sits at the official CC BY 4.0 legal code.
Ignore The Machine-Readable Layer
The machine-readable layer is RDF/XML or JSON embedded in the license page. Search engines and software read it to process license information automatically. It does not grant or restrict permissions. It declares what the license claims to be. Most reusers never interact with it directly, but it is what lets a search engine filter results by license type.
How The Three Layers Work Together
When you see a license badge on a work, you are looking at the deed. The deed summarises the conditions, BY, SA, NC, ND, and links to the legal code. The legal code contains the full grant of permission, the conditions, the termination provisions, and the definitions of key terms such as "Adapted Material" and "NonCommercial".
Version 4.0 improved the accuracy of deeds. The official FAQ states that 4.0 deeds are authoritative summaries: they have been reviewed against the legal code and should not contain errors. Older versions, especially pre-4.0 ported licenses, have deeds that may be outdated or inconsistent with the legal code. If you are using a license from version 3.0 or earlier, read the legal code for the exact conditions. Do not skip this step.
Creative Commons maintains the machine-readable layer and updates it as needed. It tracks the deed and legal code versions but carries no version number of its own. A search engine using the machine-readable data identifies the license correctly in most cases. Never rely on that data alone for compliance.
| Layer | Who It Is For | Is Binding? | Where To Find It |
|---|---|---|---|
| Deed | Creators and reusers who are not lawyers | No, but 4.0 deeds are authoritative summaries | The main page at the license URL |
| Legal Code | Lawyers, courts, and anyone who needs the full terms | Yes, the only binding document | The license URL plus <code>/legalcode</code> |
| Machine-Readable | Search engines, software, and automated tools | No, it only describes the license | Embedded in the HTML of the deed page |
The Failure Case: What Happens When You Rely On The Wrong Layer
Missing The Attribution Details
The most common mistake is treating the deed as the full license. A reuser reads the deed, sees "You are free to share and adapt" under CC BY 4.0, and assumes no attribution is required. The legal code requires attribution in a specific manner: retain the creator's name, a copyright notice, a notice referring to the license, a warranty disclaimer, and a URI or hyperlink to the material. The deed says "Attribution: You must give appropriate credit." The legal code runs to several paragraphs defining what that means. Read it.
Misreading The ND Condition
Another failure case involves the ND condition. The deed says "NoDerivatives" and leaves you wondering whether cropping an image is an adaptation. The 4.0 legal code states that reproduction in a different format alone does not create Adapted Material. Whether cropping creates an adaptation depends on applicable copyright law. The deed cannot answer that. The legal code gives you the definition of Adapted Material and then directs you to consult local law for the boundary.
When The Deadline Is Tonight
If you are at 1am with a work you need to reuse by morning, do not guess. Open the deed. Read the condition summary. Then open the legal code and search for the word that matches your use: "adaptation", "commercial", "attribution". If you cannot find a clear answer, assume the use is not permitted. Seek separate permission or local legal advice.
Common Questions
What is the difference between a license, a deed and the legal code in practice?
In practice, the license is the whole package: the deed plus the legal code plus the machine-readable code. The deed is what you read first. The legal code is what you cite in a dispute. The machine-readable code is what software reads.
Can I rely on the deed alone for version 4.0 licenses?
Yes, for version 4.0 deeds. Creative Commons states they are authoritative summaries and should not contain errors. For older versions, always read the legal code.
Where do I find the legal code for a Creative Commons license?
The legal code URL is the deed URL plus <code>/legalcode</code>. For example, CC BY 4.0 deed at <code>the official CC BY 4.0 deed</code> has its legal code at <code>the official CC BY 4.0 legal code</code>.
What if the deed and legal code say different things?
The legal code wins. Creative Commons designs deeds to match the legal code, but discrepancies could exist, especially in older or ported licenses. If you find a conflict, follow the legal code and report the issue to Creative Commons.
Do CC0 and the Public Domain Mark have deeds and legal codes?
Yes. CC0 has a deed and a legal code. The Public Domain Mark has a deed but no legal code because it does not grant any permissions; it only marks material believed to be free of known copyright restrictions.
Does the machine-readable layer ever affect my rights?
No. The machine-readable layer is metadata. It describes the license but does not grant or restrict permissions. Your rights and obligations come from the legal code alone.
What should I do if I am sued over a Creative Commons-licensed work?
Stop using the work immediately. Preserve all records: source page, deed, legal code, attribution, dates. Obtain qualified legal advice. Creative Commons does not enforce individual licenses or decide whether a particular use is lawful.