The first case (as far as I’m aware) enforcing a Creative Commons licence has come out in the Netherlands. The case involves famous podcaster Adam Curry, who had a number of pictures in Flickr under an Attribution-NonCommercial-Share Alike licence. Some of the pictures were taken by Weekend, a Dutch tabloid, and placed in the cover. Curry sued over infringement of the non-commercial and attribution elements of the licence, and apparently has obtained €€1000.

An interesting case that proves that CC licences are enforceable in court.



cedric manara · March 11, 2006 at 10:05 am

Dear Andrés,There seems to be a sort of precedent in Spain.A Badajoz court (the Juzgado de Primera Instancia nùmero 6 de Badajoz) ruled that the Metropol bar must not pay royalties to an Authors society, because it only plays Creative Commons music.More (in Spanish) at


Andres Guadamuz · March 12, 2006 at 3:21 am

Dear Cedric,I forgot about the SGAE casem thank you for pointing it out! This case is very interesting in itself with regards to collective agencies. I would still say that this case is the first enforcement ruling, which is also a landmark case for CC.

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