{"id":"CC-BY-NC-3.0","title":"Creative Commons Attribution-NonCommercial 3.0 Unported","reviewed_on":"2026-09-22","reviewer":"Giray Havur","text_source":"https://raw.githubusercontent.com/spdx/license-list-data/main/text/CC-BY-NC-3.0.txt","text_retrieved":true,"verdict":"created","summary":"The record models the unported text of Attribution-NonCommercial 3.0, the original that the Creative Commons jurisdiction ports of this version were adapted from. It copies the model of CC-BY-NC-4.0, the 4.0 record of the same element set, and departs from it only where the 3.0 text departs from the 4.0 text. Version 3.0 added the moral-rights clause and the collecting-society clause, and replaced Derivative Work and Collective Work with Adaptation and Collection.","findings":[{"rubric":1,"severity":"info","field":"spdx:licenseId","description":"File name, identifier, SPDX identifier and IRI agree. The record models the unported original of version 3.0, which the library did not hold: it held the 4.0 International record of this element set and the jurisdiction ports adapted from version 3.0. The record is not a port, so it carries no dalicc:jurisdictionPortOf and no country; cc:jurisdiction is dalicc:worldwide and dalicc:variantKind is \"version\", the kind docs/DATA.md gives a record that is an earlier version of a text the library holds.","action":"applied"},{"rubric":2,"severity":"minor","field":"odrl:target","description":"odrl:target carries dalicc:CreativeWork and dcmitype:Dataset. The 3.0 text is the first of the unported line to name data in the definition of the Work: Section 1 includes \"a compilation of data to the extent it is protected as a copyrightable work\". There is no sui generis database right clause in this text, so the dataset type rests on that sentence alone and not on a database right the licence licenses or waives. The 3.0 jurisdiction ports in the library carry the same pair, and so does every other 3.0 record of this addition.","action":"applied"},{"rubric":3,"severity":"major","field":"odrl:permission","description":"Section 3 grants a license to Reproduce the Work, \"to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work\", to Distribute and Publicly Perform the Work, and to Distribute and Publicly Perform Adaptations. That is odrl:reproduce, odrl:distribute, odrl:display, odrl:present, odrl:modify, dalicc:ModifiedWorks, odrl:derive and cc:DerivativeWorks.","action":"applied"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"The NonCommercial element reads: \"You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.\" cc:CommercialUse is therefore a prohibition and not a permission. The licence adds: \"The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.\" dalicc:chargeDistributionFee stays a permission, which is the reading CC-BY-NC-4.0 and the ports of this element set already carry: a fee for the act of transferring a copy is not the commercial advantage the clause bars. dalicc:chargeLicenseFee is not written, because the licence bars charging for the grant itself.","action":"applied"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"Section 4(a) reads: \"You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work.\" That is dalicc:sublicense prohibited, which review decision 1 of 2026-09-15 requires of every Creative Commons record except the CC0 dedication, and dalicc:ChangeLicense prohibited, which library convention 15 expressly keeps for this family because the no-downstream-restrictions clause is the bar the rule otherwise denies.","action":"applied"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"dalicc:promote is prohibited on the strength of Section 4(c): \"You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties\". The Creative Commons trademark paragraph at the foot of the 3.0 text is not the basis, because that text says of itself \"For the avoidance of doubt, this trademark restriction does not form part of the License.\"","action":"applied"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"The licence reserves the royalty collection against the licensee: \"Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work if that performance is primarily intended for or directed toward commercial advantage or private monetary compensation.\" dalicc:royaltyCollectionReserved says exactly that and is written as a prohibition, because it is the licensee who may not exercise the reserved right. The term was defined by the review of 2026-09-15 and applied to no record until now; the whole clause is quoted in dalicc:additionalClauses.","action":"applied"},{"rubric":4,"severity":"major","field":"odrl:prohibition","description":"The 3.0 text binds the licensee to the moral rights of the author: \"You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author's honor or reputation\". dalicc:moralRightsRestriction is defined for exactly that (\"Where the license binds the licensee to respect those rights, this is the action it restricts\") and is written as a prohibition. It had been applied to no record. The 1.0, 2.0 and 2.5 texts have no such clause and their records carry no such prohibition.","action":"applied"},{"rubric":5,"severity":"major","field":"odrl:duty","description":"Section 4(a) reads: \"You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform.\" and the attribution clause asks You to \"keep intact all copyright notices for the Work\" and to name the Original Author and the title. cc:Attribution and cc:Notice therefore hang on odrl:distribute, on odrl:modify and on odrl:derive, where dalicc:modificationNotice joins them because Section 3(b) asks an Adaptation to \"clearly label, demarcate or otherwise identify that changes were made to the original Work\" . The duties hang on the acts that trigger them, not on the odrl:Set.","action":"applied"},{"rubric":8,"severity":"gap","field":"dalicc:additionalClauses","description":"Two clauses the record quotes rather than models, because CC-BY-NC-4.0 and the 287 ports do not model them either and a single set of records should not change the family on its own. The first is the technological measures sentence: \"When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License.\" dalicc:applyTechnicalProtectionMeasures exists and would carry it as a prohibition. The second is Section 8: \"the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License\", which dalicc:downstreamOffer describes exactly; odrl:grantUse cannot carry it, because the dependency graph makes odrl:grantUse the same action as dalicc:sublicense and this licence prohibits sublicensing. Both are proposals for the whole Creative Commons family rather than for this record.","action":"none"},{"rubric":7,"severity":"major","field":"dalicc:terminatesOnBreach","description":"Section 7(a) reads: \"This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License.\" dalicc:terminatesOnBreach is true and no dalicc:curePeriod is written, because this generation of the licence has no reinstatement clause: once the licence ends, it ends. The 4.0 text added the 30-day reinstatement, and CC-BY-NC-4.0 carries neither property today. Section 7(b) says \"the license granted here is perpetual (for the duration of the applicable copyright in the Work)\", so dalicc:validityType is dalicc:perpetual, and the text names no legal system, so cc:jurisdiction is dalicc:worldwide.","action":"applied"},{"rubric":6,"severity":"minor","field":"dalicc:WarrantyDisclaimer","description":"The warranty disclaimer and the limitation of liability are separate sections and are quoted into separate properties, which is family rule 10. Both are quoted verbatim, including the spelling of the source text (\"MERCHANTIBILITY\", \"THE PRESENCE OF ABSENCE OF ERRORS\"). The text of CC-BY-NC-3.0 carries no long dash, so no quotation needed a hyphen in place of one. Line breaks inside a quoted clause are collapsed to single spaces, the way CC-BY-NC-4.0 writes its clauses; the ports keep the line breaks of their own source.","action":"applied"},{"rubric":9,"severity":"info","field":"record","description":"The consistency check of app.services.composer against the axioms of licensedata/dependencygraph/dg_default.ttl returned no conflicts.","action":"none"},{"rubric":10,"severity":"info","field":"record","description":"The nearest sibling is CC-BY-NC-4.0, and the nearest port is the 3.0 port of this element set. The record carries the same permissions, duties and prohibitions as CC-BY-NC-4.0 and differs from it in five things, all of them differences between the two texts: no dcmitype:Dataset on the target, dalicc:terminatesOnBreach with no cure period, dalicc:licenseVersion \"3.0\" with dalicc:variantKind \"version\", the clause quotes of this generation of the text, and the statements this version adds (dalicc:royaltyCollectionReserved, dalicc:moralRightsRestriction, dalicc:shareAlikeVersionQualifier and dalicc:reciprocityScope where the text has them).","action":"none"},{"rubric":10,"severity":"minor","field":"dalicc:additionalClauses","description":"The six records of this version quote the same passages of the version's text, each literal a single verbatim run of this record's own legal code, in the order the text states them. A passage the element set does not have is absent, which is a difference between the texts and not between two readings.","action":"applied"}],"family":"Creative Commons 3.0 Unported","port_of":null,"variant_kind":"version","variant_of":null,"notes":"Modelled from the SPDX plain text of CC-BY-NC-3.0. The record is not a jurisdiction port: it is the unported original, so port_of is null and the record carries no country. Quoted clauses have their line breaks collapsed to single spaces."}