Which Creative Commons licence version should I use?
Apply version 4.0 to any new work you license. The only reason to reach for an older version or a jurisdiction-specific port is a specific, informed constraint you can name. The decisive exception: you cannot upgrade a licence someone else already attached to a work. If you need to reuse a photograph carrying CC BY 2.0, that is the licence you must follow. For your own work, open the official Creative Commons chooser, select the exact 4.0 licence you want, copy the notice it generates, and paste it onto your work.
What Version 4.0 Changes
Creative Commons 4.0 is the current suite of six licenses and the only version built as an international license from the ground up. No jurisdiction-specific ports exist for 4.0. Each license grants worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable permission for the term of the licensed copyright and similar rights, subject to its conditions. The organisation publishes the official terms at the 4.0 deed and legal code URLs.
Database Rights Get Express Coverage
Version 4.0 expressly addresses sui generis database rights. Earlier versions left this gap open. The fix matters if your work includes compilations of facts or data.
Termination With a Built-In Cure Window
The termination language changed. Under 4.0, if a recipient breaches a condition, the rights terminate automatically but are automatically reinstated from the date the violation is cured, provided the cure happens within 30 days after the violator discovers the breach. Express reinstatement by the licensor is a separate route. Older versions lack this automatic 30-day mechanism. If the reuse relationship is long-term or involves significant material, that built-in cure window reduces legal friction.
When Older Versions Matter
Before 4.0, Creative Commons published jurisdiction-specific ports of each license version. A port adapts the language to a particular country's legal system and terminology. If you are based in a country that had a ported version and you need that local legal precision, the older port may be the correct choice.
The decisive condition: no one can unilaterally upgrade a licence someone else already attached to a work. If you reuse a photograph licensed under CC BY 2.0 Generic, you must follow CC BY 2.0 terms, not 4.0 terms.
Compatibility With Existing Projects
A second reason to use an older version is compatibility with an existing project. Some pools of open educational resources, cultural heritage data, or software documentation are marked with CC BY-SA 3.0 or CC BY 4.0. The project's remix policy may require a specific version to keep the share-alike chain intact. Check the official compatibility chart published by Creative Commons before mixing versions. Do not assume two SA licenses are compatible even if the version numbers are close.
The One Gap in 4.0
For a new work that you control completely, version 4.0 is the recommendation. All six current licenses exist in 4.0 International form, so there is no missing option. The only gap: 4.0 has no port for jurisdictions that had one under 3.0 or earlier. If your local legal system makes the standard international language unreliable, consult a local lawyer and consider using the relevant ported 3.0 license instead.
| Version | Jurisdiction | Sui Generis Database Rights | Termination/Cure | SA Compatibility |
|---|---|---|---|---|
| 4.0 International | Worldwide, no ports | Expressly covered | Automatic 30-day cure | Official compatibility list (BY-SA 4.0 to GPLv3 one-way) |
| 3.0 Unported | Worldwide, but ports exist | Not covered | No automatic cure | No one-way list; SA terms version-specific |
| 2.0 Generic & earlier | Primarily US-oriented | Not covered | No cure mechanism | Same as 3.0; SA terms per version |
How to Choose Among the Six 4.0 Licences
All six 4.0 licenses require attribution. Ranked the six are:
- CC BY 4.0 allows sharing and adaptations, including commercial use, with attribution.
- CC BY-SA 4.0 adds that shared adaptations must use BY-SA 4.0 or a license Creative Commons has formally named as compatible.
- CC BY-ND 4.0 allows sharing including commercial sharing. Adapted material may be made for private use only and may not be shared under the license.
- CC BY-NC 4.0 permits sharing and adaptations only for non-commercial purposes.
- CC BY-NC-SA 4.0 adds the share-alike condition on top of non-commercial.
- CC BY-NC-ND 4.0 allows non-commercial sharing of unadapted material only.
Where Not to Use a CC License
Do not apply a CC license to software code. Use a recognised free or open-source software license suited to source code, patents and distribution. Documentation, art and other non-code assets may carry separate CC licenses if they are marked clearly. Do not apply a CC license to a trademark as though it granted trademark permission, to material the licensor does not control, or to a work meant to remain confidential.
The Most Frequent Mistake When Choosing a Version
The single thing that most often goes wrong is assuming a CC badge on a platform resolves all reuse questions. A licence notice on a social media site or a stock image repository may be incomplete. It may not cover every component of the work. The platform's own terms may override it.
Do this instead. Open the original source page. Record the creator, source URL, exact licence and version, displayed notices, exclusions and the date checked. Confirm the intended activity against the licence conditions. Do not rely on a repost, a search thumbnail, or a platform filter alone. If the planned use has material commercial risk or involves an adaptation that might conflict with the ND condition, get separate permission or local legal advice.
Common Questions
Can I use a CC 4.0 licence on a work that contains material under an older CC licence?
Only on your own original contribution. The older material keeps its original licence version. You cannot upgrade someone else's licence. Mark each component separately.
Does version 4.0 require me to register the work with Creative Commons?
No. The organisation does not register works, does not verify ownership, and does not give legal advice. A licence notice on the work is sufficient.
Can I withdraw a 4.0 licence after someone starts using the work?
No, you cannot withdraw the licence from people who already received the work while complying with its terms. You can stop distributing the work or offer it under other terms for future recipients.
What happens if a platform uses DRM on a CC-licensed work?
A 4.0 recipient may not impose effective technological measures that restrict another recipient's exercise of the licensed rights. Platform terms that create exclusive sublicensing or download restrictions can conflict with this condition.