What should I do if I accidentally violate a Creative Commons licence?
Stop using the work immediately. Under the 4.0 license, your rights terminate automatically when you breach a condition, but they are reinstated automatically if you cure the violation within 30 days of discovering it. That 30-day cure window is the decisive exception in the terms. Correct the non-compliance within that period. Act on a clock. Preserve evidence first, then fix the specific condition you broke.
Stop the Use and Preserve the Evidence
Remove the work from public view, stop distributing it, and disable any automated processes that use it. This stops the violation from continuing while you assess what went wrong. Take a full-page screenshot of the original source page exactly as it appeared when you first obtained the work: the creator name, the source URL, the exact license name and version, any copyright notice, and the date you captured it. Save the file itself with its metadata. Creative Commons does not register works or verify ownership. Your evidence is your only proof of the terms that applied.
Identify the Condition You Broke
Compare your intended activity against the four 4.0 conditions using the official license deed for the version you saw. Version 4.0 requires that you retain the creator’s name, a copyright notice, a notice referring to the license, and a URI or hyperlink to the material where reasonably practicable. Missing any of those breaches the BY condition. Using the work for a purpose primarily intended for commercial advantage or monetary compensation without the NC license breaches the NC condition. Sharing adapted material under an ND license breaches the ND condition. Failing to apply ShareAlike to adapted material that you share breaches the SA condition.
The 4.0 Cure Mechanism: Your 30-Day Window
Section 6(b)(2) of the 4.0 legal code states that when you become aware of your violation, your rights under the license terminate automatically. Cure the violation within 30 days of becoming aware, and those rights are automatically reinstated from the date of cure. The rights holder may also expressly reinstate your rights at any time. This cure does not erase possible liability for the period of the violation. You may still be liable for damages under applicable copyright law. But it restores your right to continue using the work under the license going forward.
How to Cure Each Condition
Bring your use into full compliance with the exact condition you violated. For an attribution violation, add the missing attribution information in a reasonable manner for your medium, link to the exact license deed, and retain any modification notices. For an NC violation, stop the commercial use or obtain separate permission. For an SA violation, relicense the adapted material under BY-SA 4.0 or a compatible license. For an ND violation, remove the adapted material from public sharing. The 30-day period starts when you first become aware of the problem, not when the rights holder notifies you. If you spot the issue yourself, the clock is already running.
| Condition | What You Did Wrong | Cure Action | Evidence to Preserve |
|---|---|---|---|
| BY (Attribution) | Missing creator name, copyright notice, license link, or modification notice | Add the required attribution in a reasonable manner; link to the exact license deed | Original source page, your prior attribution if any, date of correction |
| NC (NonCommercial) | Used the work for commercial advantage or monetary compensation | Stop the commercial use; remove the work from commercial contexts; get separate permission if needed | Records of how the work was used, any revenue it generated, the date you ceased the use |
| SA (ShareAlike) | Shared adapted material without applying BY-SA 4.0 or a compatible license | Re-license the adapted material under BY-SA 4.0 or a Creative Commons-designated compatible license | The adapted work, the original source, the new license notice, date of re-licensing |
| ND (NoDerivatives) | Shared adapted material that you created from an ND-licensed work | Remove all shared adapted material from public view; keep private copies only | The adapted work, the original source, the dates of sharing and removal |
When the Cure Does Not Apply
The 30-day cure mechanism exists only in 4.0 licenses. If you violated an older release (3.0, 2.5, 2.0, or any jurisdiction-specific port) the termination language is different. Older releases do not contain the automatic 30-day reinstatement. Your rights may have terminated permanently, and only the rights holder can reinstate them. Check the exact license on the original source page. If it is not 4.0, the safety of the cure window is not available. Contact the rights holder directly to request reinstatement or separate permission.
Even under 4.0, cure does not apply if the violation involves intentional or repeated disregard for the terms, or if the violation has caused measurable harm that correction cannot undo. Creative Commons does not enforce licenses or decide whether a cure is effective. The decision to accept a cure rests with the rights holder and, if the dispute escalates, with a court under applicable law. For a real dispute with significant value, obtain qualified legal advice in your jurisdiction.
What Goes Wrong Most Often
A common failure is ignoring the version identifier. A reuser finds a work labelled 'CC BY' and assumes the 4.0 cure window applies, when the work is actually under CC BY 3.0 or a local port like CC BY 2.0 UK. The cure mechanism does not exist in those releases, and the reuser continues using the work in violation for weeks. Always check the version number before relying on the 30-day window. Open the original source page, read the exact license name, and confirm it ends in '4.0 International'. If it does not, treat the violation as permanent and contact the rights holder for reinstatement or permission.
Common Questions
Does the 30-day cure period start when the rights holder emails me, or when I first become aware of the violation?
It starts when you become aware, regardless of whether the rights holder has notified you. If you realise your attribution is missing while reviewing your own site, the 30 days begin that day. Keep a dated record of when you became aware.
Can I use the work during the 30-day cure period?
No. The license terminated automatically on the violation. You have no rights under the license until you cure and the rights are reinstated. Continuing to use the work during the cure period is itself a further violation.
What if I cannot reach the rights holder to tell them I have cured?
You do not need to notify the rights holder for the automatic reinstatement to take effect. The license terms operate between you and the original rights holder; cure is a factual action. Keep a dated record of your correction. You will need it if a dispute arises later.
Does the cure erase liability for the period I was in violation?
No. The cure reinstates your rights going forward, but you may still be liable for damages or other remedies under copyright law for the period of the violation. The license itself does not waive that liability.
What if the work is under a 3.0 license and I violate it?
Older releases do not contain the 30-day cure mechanism. Your rights likely terminated permanently. Contact the rights holder to request reinstatement or a new license. Do not assume the 4.0 cure applies to any release before 4.0.
I adapted a BY-NC-ND work. Can I cure by changing the license on my adaptation?
No. ND does not permit sharing adapted material at all, regardless of the license you apply to your adaptation. Remove the adaptation from public view. The only cure is stopping the sharing. You may keep private copies.
Does Creative Commons help me resolve the dispute with the rights holder?
No. Creative Commons is a nonprofit steward of the license tools. It does not enforce individual licenses, does not mediate disputes, and does not give legal advice. All resolution is between you and the rights holder, or through the courts if necessary.