The Attribution-NoDerivatives license, or BY-ND (figure 3.5e), allows people to use the unadapted work for any purpose (even commercially), as long as they give attribution to the creator. But they cannot use adapted or modified versions of the work (these are called “derivatives”).
The Attribution-NonCommercial-NoDerivatives license, or BY-NC-ND (figure 3.5f), is the most restrictive license offered by Creative Commons. It allows people to use the unadapted work for noncommercial purposes only, and only as long as they give attribution to the licensor. Adaptations or modified versions of the work are not permitted.
To really understand how the different license options work, let’s dig into the different license elements. Attribution is a part of all CC licenses, and we will dissect exactly what type of attribution is required in chapter 4. For now, let’s focus on what makes the licenses different.
COMMERCIAL VS. NONCOMMERCIAL USE
Noncommercial (NC)
As we know, three of the licenses (BY-NC, BY-NC-SA, and BY-NC-ND) limit reuse of the work to noncommercial purposes only. In the legal code, a noncommercial purpose is defined as one that is “not primarily intended for or directed towards commercial advantage or monetary compensation.” This phrasing is intended to provide flexibility depending on the facts surrounding the reuse, without overly specifying exact situations that could exclude some prohibited and some permitted reuses.
It is important to note that CC’s definition of NC depends on the use, not the user. If you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the license terms. For example, a nonprofit entity cannot sell another’s NC-licensed work for a profit, and a for-profit entity may use an NC-licensed work for noncommercial purposes. Whether a use is commercial depends on the specifics of the situation. See our CC “NonCommercial Interpretation” page, licensed CC BY 4.0, at https://wiki.creativecommons.org/wiki/NonCommercial_interpretation for more information and examples.
