@InspectorCaracal @RussSharek @Curator "Creative Commons licenses the use of its button marks that describe particular legal tool and its icon marks that describe key license element, such as BY, NC, ND, and SA, on the conditions that you use the mark solely to describe the Creative Commons legal tool that applies to a particular work and, in a manner reasonable to the medium and context, include the URI or hyperlink to the relevant Commons deed on the Creative Commons server."
they answered on my email:
Apologies for the delay getting back to you; I wanted to circle internally to make sure before I replied. The consensus was yes, this is a great use of the CC icons!
Thanks very much for reaching out to us. Let us know if we can help in any way.
@RussSharek @Curator @luka @InspectorCaracal It's more a question of whether the email from CC indicated you could use those icons for things that aren't CC licenses, and the answer is still no. (Even though, for example, they're being added to Unicode.) Definitely not talking about licensing other peoples' stuff out from under them.
@aschmitz @RussSharek @InspectorCaracal @Curator cc licence enables you exactly that but as a legal tool that is enforceable. If you give something online without any licence I'm legally limited to do anything apart from listening right there. I can't put it on my blog or download it. I'm instantly a pirate.
But if you say I'm not and you are protected from commercial exploitation and unauthorized remixes but people can share.
since only @Curator saw my email to them (he was in carbon copy), i'm publishing my email message to put their answer into context:
the important part from my email was:
>> we (mastodon.art) wanted to include CC icons as emojis for different CC licences
in order to promote and motivate the use of CC and enable attractive way
how creators can mark their posts where they announce new CC-licenced works <<
@InspectorCaracal @RussSharek @Curator i don't think there's a licence on icons. they are (probably) protected trademarks? i think their intended use is for publishing works under CC licences. if you use it otherwise i don't know. I think that the only case where there would be a real legal problem would be if you'd use it as part of some other trademark. but as part of some (irrelevant) posts? i don't think so. they wouldn't be happy to see it but i doubt they will do any legal action.
I can imagine a case where you write an academic article about the icons. the article is fully under 'all rights reserved' and you include the icons as part of your discussion on them. I think using them as part of your posts is totally ok, as long as I don't invent my own (LP) licence and use their icons.
Of course I'm not a lawyer and this is not a legal advice.
Here are the Creative Commons trademark policy terms: https://creativecommons.org/policies/#trademark
I think the bottom line is: don't use it for anything else than licencing under #CreativeCommons
Is the admin of the mastodon instance is liable? Since I explained to them in what way icons (trademarks) are available on mastodon.art (as custom emojis that everyone can use as they see fit) and they endorsed it, I doubt that this would ever be a problem for the instance.
Mastodon.ART — Follow friends and discover new ones. Publish anything you want & not just art of all types: links, pictures, text, video. All on a platform that is community-owned and ad-free.