Do Creative Commons licences cover privacy and publicity rights?
Creative Commons licenses do not cover privacy or publicity rights. The official 4.0 legal code limits the grant to copyright and similar rights. Privacy, personality and publicity rights are handled only to the limited extent stated in the code and still matter. The decisive exception: version 4.0 does not license those rights at all. Check the law of the jurisdiction where the person was photographed or recorded. Obtain separate consent if the use is commercial or could be seen as an endorsement.
What The 4.0 Legal Text Actually Says
The Creative Commons 4.0 legal code grants permission for the term of the licensed copyright and similar rights, subject to conditions. The deed and legal code for every 4.0 license include a clause that limits the grant to copyright and similar rights. Moral, privacy and personality rights are handled only to the limited extent stated in the code and may still matter.
You cannot rely on a CC badge to cover a person's right to control use of their image or likeness. The license does not reach those areas. A person who appears in a CC-licensed work may still have a claim under privacy or publicity law, regardless of the license terms.
Why Copyright Permission Is Not The Only Permission Needed
Copyright protects the creative expression fixed in a work. Privacy and publicity rights protect the person depicted or recorded. They are separate legal regimes that operate on top of copyright. A CC license removes copyright barriers. It does not remove the need to respect the subject's rights.
The official FAQ states that the license applies only where copyright or similar rights require permission. If the use triggers a privacy or publicity right, that right is not waived. The decisive exception is that version 4.0 expressly excludes these rights from the scope of the grant.
| Tool | Privacy And Publicity Rights | What The Legal Code Says |
|---|---|---|
| CC BY 4.0 | Not licensed | Limited to copyright and similar rights; moral, privacy and personality rights handled only to limited extent stated |
| CC BY-SA 4.0 | Not licensed | Same clause as BY 4.0 |
| CC BY-ND 4.0 | Not licensed | Same clause as BY 4.0 |
| CC BY-NC 4.0 | Not licensed | Same clause as BY 4.0 |
| CC BY-NC-SA 4.0 | Not licensed | Same clause as BY 4.0 |
| CC BY-NC-ND 4.0 | Not licensed | Same clause as BY 4.0 |
| CC0 1.0 | Waived as far as affirmer is legally able | Waives copyright and related rights; includes non-assertion promise limited to remaining Copyright and Related Rights, but does not guarantee privacy or publicity law permits the use |
| Public Domain Mark 1.0 | Changes no rights | Marks material believed free of known copyright restrictions worldwide; no legal effect on privacy or publicity |
Jurisdiction-Sensitive Limits And The Decisive Exception
Where The Law Applies
The scope of privacy and publicity rights varies by country. Some jurisdictions recognise a right of publicity that lets a person control commercial use of their name or likeness. Others protect privacy through tort or data protection law. A CC license does not override local law.
The Decisive Exception In 4.0
The decisive exception in version 4.0 is that the license does not grant permission for any activity beyond copyright and similar rights. If the planned use involves a person's image in a commercial context, the law of the place where the person was photographed, the place where the use occurs, or the place where the person is a resident may all matter. Assume that a CC license alone is insufficient for any use that could affect a person's privacy or publicity interests.
Common Questions
If I use a CC-licensed photo of a person, do I need their consent?
Probably yes, if the use is commercial or could imply endorsement. The CC license does not cover privacy or publicity rights. Check the law of the jurisdiction where the photo was taken and where you will use it.
Does CC0 waive privacy and publicity rights?
CC0 aims to remove copyright and related-right conditions as far as the affirmer is legally able. It includes a non-assertion promise limited to remaining Copyright and Related Rights, but it does not guarantee that privacy or publicity law permits the use. Separate consent may still be needed.
What if the person is not identifiable?
Privacy and publicity rights generally attach to identifiable individuals. If the person is not recognisable, the risk is lower. But local law defines identifiability. A generic crowd shot and a close portrait are different cases.
Can I rely on the license if the work is for editorial use?
Editorial use may have a stronger defence under some publicity laws, but it is not automatically safe. The license does not address editorial versus commercial use. Check local law for news, commentary or documentary exceptions.
What should I do before using a CC-licensed work that shows a person?
Record the source, exact license and version. Then assess whether the use is commercial or could imply endorsement. If it is, obtain separate permission from the subject or from the person who controls the rights. When in doubt, get legal advice from a professional qualified in the relevant jurisdiction.