What should I do if someone violates my Creative Commons licence?
Someone using your work without following the licence terms does not mean you lose your rights. The Creative Commons licence grants permission in advance, but only on the conditions you set. If a reuser breaks those conditions, the licence terminates automatically. You do not need to send a cease-and-desist first. The permission is already gone.
Preserve the evidence. Identify the exact condition that was broken. Then follow the preserve, contact, cure, platform, legal path below. The safest immediate action is to document the breach, then contact the reuser directly with a specific request.
Preserve The Evidence First
Before you message anyone, capture the proof. Take a screenshot of the page showing the work, the reuser's name or handle, the URL, the date, and the missing attribution or the commercial use if you marked the work NonCommercial. Also save the original source page where you posted the work with the licence notice. Without that pair of screenshots, the reuser can claim they never saw the licence or that the work appeared without a notice.
Keep the original file metadata if you have it. Record the exact licence version you used, for example, Creative Commons Attribution 4.0 International, and the URL of the deed or legal code. The 4.0 legal code is the definitive rulebook. A reuser cannot argue they thought the licence was different if you have a timestamped copy of your licence notice and the reuser's page.
Contact The User And State The Cure
Your first escalation step is a direct, polite message to the reuser. Identify your work, the exact licence condition that was broken, and what they need to do to cure it. Under version 4.0, rights are automatically reinstated if the breach is cured within 30 days after the violator discovers it. That 30-day window starts when you tell them.
How To Cure Each Condition
The cure depends on the condition:
- Attribution (BY) breach: Ask them to add your name, the work title, a link back to the source, and the licence name and URL. Tell them to place it where a reasonable person can see it, such as a caption or credits line.
- NonCommercial (NC) breach: If they used the work in advertising or on a product they sell, ask them to stop that use or get separate permission from you. The licence does not define commercial use by the identity of the user. A nonprofit can breach NC if the use is primarily for commercial advantage.
- NoDerivatives (ND) breach: Ask them to remove the adapted version they shared. Format-shifting alone is not an adaptation under 4.0, but translation and music synchronisation are. Whether cropping counts as an adaptation depends on applicable copyright law.
- ShareAlike (SA) breach: Ask them to re-license the adapted material under the same licence or a Creative Commons designated compatible licence.
A reuser who cures within 30 days restores your permission automatically. Cure does not erase possible liability for the period of breach, but it clears the licence going forward. If the reuser refuses or ignores you, move to the next step.
| Condition | What Was Broken | Required Cure | Next Step If Ignored |
|---|---|---|---|
| Attribution (BY) | No credit, no link, no licence notice | Add correct attribution and link to the exact licence | File a platform takedown |
| NonCommercial (NC) | Work used in advertising or paid product | Stop commercial use or obtain separate permission | Send a formal cease-and-desist via a legal professional |
| NoDerivatives (ND) | Adapted version shared publicly | Remove the adaptation from public view | File a DMCA or equivalent takedown if applicable |
| ShareAlike (SA) | Adaptation shared under a different or no licence | Re-license the adaptation under BY-SA 4.0 or a compatible licence | Seek legal advice on breach of contract |
When To Involve The Platform And Legal Advice
If direct contact fails, use the platform's reporting system. YouTube, Flickr, Wikimedia Commons, and most major platforms have a copyright infringement reporting process. When you report, include the evidence you preserved: the URL of your original licensed work, the URL of the infringing use, and the specific condition that was broken. Do not claim copyright infringement for a use authorised by an exception like fair use or fair dealing. The licence does not apply if an exception authorises the use.
Platform takedowns have legal consequences. A false claim can result in penalties against you. For a genuine dispute, get qualified legal advice. Creative Commons does not enforce individual licences for licensors. The organisation does not decide whether a particular use is lawful. Your escalation path ends with a lawyer who can advise on jurisdiction-specific remedies such as statutory damages or injunctions.
What Does Not Work
Contacting Creative Commons directly will not resolve the breach. The organisation is not a party to your licence, does not register works, and does not verify ownership. Do not expect them to send takedown notices on your behalf. Also avoid threatening a lawsuit in your first message. It escalates the tone without giving the reuser a clear cure path, and the 30-day automatic reinstatement under 4.0 only applies if they cure after discovering the breach.
Common Questions
What if the reuser says they did not see the licence?
That is why you preserve evidence. Your screenshot of the original source page showing the licence notice is proof the notice was there. The reuser is responsible for checking the licence before using the work. Version 4.0 does not require the reuser to have seen the notice. The licence applies when the work is used, and the conditions must be followed regardless.
Can I demand money instead of a cure?
No. The licence is not a contract for payment. If you want compensation, you must obtain separate permission from the reuser outside the CC licence. The automatic 30-day cure mechanism restores the licence without payment. If you want a fee, withdraw the CC licence from that user and negotiate a paid licence.
What happens if the reuser does not cure within 30 days?
The licence remains terminated. The reuser has no permission to continue using the work. You may then escalate to platform takedown or legal action. The reuser may also face liability for copyright infringement during the period of breach. Cure does not erase that liability. It only reinstates the licence going forward.
Does the breach affect my licence for other users?
No. The licence is non-exclusive. One reuser's breach does not terminate the licence for anyone else. Other reusers who are complying continue to have permission. You can also stop distributing the work yourself, but you cannot withdraw the licence from people who already received a copy while they were complying.
What if the breach is on a platform outside my country?
Copyright law is territorial, and enforcement depends on the jurisdiction where the use occurs and where the platform operates. The 4.0 licence is designed as an international licence without porting, but local laws on moral rights, privacy, and exceptions still apply. Obtain legal advice from a lawyer familiar with the relevant country's copyright system.