Which Creative Commons licences are considered free-culture licences?
Two Creative Commons licenses qualify as free-culture licenses under the Free Cultural Works definition: CC BY 4.0 and CC BY-SA 4.0. The test is straightforward. A license fails if it includes the NoDerivatives (ND) restriction, which blocks sharing of adapted material. It also fails if it includes the NonCommercial (NC) restriction, which blocks commercial use. If you are a creator who wants to maximise reuse, apply CC BY 4.0. If you are a reuser, check that the work carries one of these two licenses before you build on it.
The Free Cultural Works Criteria
The Free Cultural Works definition, maintained by a community project independent of Creative Commons, sets four requirements. A work must be free to use, study, redistribute, and modify. These map directly to the permissions a Creative Commons license grants. A license that permits only unmodified redistribution fails the modify requirement. A license that restricts use to non‑commercial purposes fails the free‑to‑use requirement because it does not allow commercial activity.
How BY And BY-SA Meet All Four Requirements
Under version 4.0, CC BY permits all four actions: use, study, redistribute, and modify, including for commercial purposes, as long as attribution is provided. CC BY-SA adds the ShareAlike condition: adaptations must be shared under the same license or a compatible license. This condition does not block any of the four freedoms. It extends them to the derivative work. The remaining four licenses in the 4.0 suite each fail at least one criterion. ND blocks modification. NC blocks commercial use.
Why Only BY And BY-SA Qualify
Read the deed or legal code for any license that includes ND. The prohibition is the same: you may not share adapted material under that license. The Free Cultural Works definition requires permission to create and distribute adaptations. ND licenses therefore cannot be free-culture licenses.
NC licenses restrict use to non‑commercial purposes. The definition requires that the work be available for any purpose, including commercial. A licensor who chooses NC is deliberately withholding commercial permission. That choice places the license outside the free-culture category.
Where CC0 And The Public Domain Mark Fit
CC0 and the Public Domain Mark are not part of the six‑license suite. Both tools aim to remove copyright restrictions entirely, making works they cover as free as possible under applicable law. CC0 is a public‑domain dedication with a fallback license. The Public Domain Mark identifies material the marker believes is free of known copyright restrictions worldwide. Neither tool is a license. Both produce works that meet the free‑culture standard in practice, because they impose no conditions on use.
| Licence | Share Unchanged | Adapt And Share | Commercial Use | Free Culture? |
|---|---|---|---|---|
| CC BY 4.0 | Yes | Yes | Yes | Yes |
| CC BY-SA 4.0 | Yes | Yes, under BY-SA or compatible | Yes | Yes |
| CC BY-ND 4.0 | Yes | No | Yes | No |
| CC BY-NC 4.0 | Yes | Yes, non‑commercial only | No | No |
| CC BY-NC-SA 4.0 | Yes | Yes, non‑commercial and SA | No | No |
| CC BY-NC-ND 4.0 | Yes, non‑commercial only | No | No | No |
Examples: One Allowed Use And One Disallowed Use
Allowed Use
A photographer releases a portrait under CC BY 4.0. A designer downloads the photo, crops it, adds a text overlay, and publishes the result on a commercial website. The designer attributes the photographer by name and links to the license. This use is allowed. The designer created an adaptation, shared it, and used it commercially. BY permits all three.
Disallowed Use
A musician releases a track under CC BY-NC-ND 4.0. A filmmaker synchronises the track with a video and posts the video to a streaming platform that runs ads. The filmmaker does not charge viewers directly, but the platform generates revenue from the ads. Under version 4.0, synchronising music with a moving image is expressly Adapted Material. The ND clause prohibits sharing the adaptation. The NC clause also blocks the use because the platform is directed toward commercial advantage through advertising. Both restrictions independently make this use a violation. The filmmaker needs separate permission from the musician.
Common Questions
Is CC0 a free-culture licence?
CC0 is not a licence; it is a public-domain dedication tool. Works dedicated under CC0 meet the Free Cultural Works definition because all copyright and related rights are waived as far as legally possible. No conditions apply.
What about the Public Domain Mark?
The Public Domain Mark is not a licence and does not change rights. It identifies material the marker believes is free of known copyright restrictions worldwide. The work itself may already be in the public domain, but the mark does not guarantee that status in every jurisdiction.
Can I use a CC BY-SA work commercially?
Yes. CC BY-SA permits commercial use. The ShareAlike condition means that if you create and share an adaptation, you must licence it under BY-SA 4.0 or a licence Creative Commons has formally named as compatible. That condition does not block commercial activity.
Does ShareAlike apply to unchanged material in a collection?
No. ShareAlike is triggered only when Adapted Material is shared. Unchanged material placed beside other separate works in a collection keeps its original licence. The collection's overall licence does not replace the licences of the individual works.
Why is CC BY-NC not considered a free-culture licence?
The Free Cultural Works definition requires that a work be usable for any purpose, including commercial. CC BY-NC restricts use to non‑commercial purposes. The definition treats that restriction as a barrier to freedom.
If a work uses an older version of CC BY or BY-SA, is it still free culture?
Yes, provided the licence version and port are applied correctly. The Free Cultural Works definition evaluates the permissions granted by the licence, not the version number. Older versions of BY and BY-SA grant the same four freedoms as 4.0, though the legal code differs on details such as termination and database rights.
Can I apply a CC licence to software code?
No. Creative Commons recommends against using a CC licence for software code. Use a recognised free‑or‑open‑source software licence instead. CC licences are designed for creative works such as text, images, music, and video.