Copyright vs Creative Commons – what’s the difference and why does it matter?

Copyright is the legal right that lets a creator control copying and reuse of an original work. Creative Commons is a set of licences the creator can apply on top of copyright to say, in advance, how other people may share or adapt that work.

Creative Commons does not replace copyright. Last reviewed: 31 August 2026.

It arises automatically in most countries when an original work is made. It covers copying, distributing, performing and making adaptations, with limits set by national law. You do not need a © symbol for copyright to exist, though the symbol is still used.

What is Creative Commons?

A Creative Commons (CC) licence is a public permission the rights holder attaches to a work. Users can follow the licence without asking each time, as long as they keep the conditions (for example attribution, or no commercial use, or share-alike).

What Creative Commons licences are available?

The common building blocks are: Attribution (BY), ShareAlike (SA), NonCommercial (NC) and NoDerivatives (ND). They combine into licences such as CC BY and CC BY-NC-SA. CC0 is a public-domain dedication, not a “some rights reserved” licence.

What to be aware of in online education projects

Check the licence on every image, video and text you did not make. Attribution is not optional if the licence requires it. “Found on Google” is not a licence.

Fair use and fair dealing

Fair use is a US doctrine. South Africa and several other countries use fair dealing, which is narrower and named in statute. Do not copy a US “fair use” checklist into a South African classroom and call it the law. When unsure, use a CC work or ask.

Related: open educational resources.

Sources

  1. Creative Commons. Licence types. https://creativecommons.org/licenses/

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