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  • From: Sarah Currier <sarah.currier AT strath.ac.uk>
  • To: Jonathan Mitchell <website3 AT jonathanmitchell.info>
  • Cc: Creative Commons UK <cc-uk AT lists.ibiblio.org>
  • Subject: Re: [Cc-uk] Using CC for our project- advice?
  • Date: Thu, 03 Mar 2005 15:37:13 +0000

Many thanks to Jonathan and to Ian Brown for their replies to my query which have assisted a great deal. It is clear that for our project as it currently stands it is not appropriate to use CC- but I for one am hopeful that it may become possible for projects like ours in future.

Jonathan Mitchell wrote:
I think the answer to the first question depends on the nature of the
password protection. If password-access is simply being used to make up a
register of users, as many newspapers do (e.g. The Scotsman, Guardian, New
York Times), I see no problem (but mild irritation). If however it is being
used in the manner of a pay-to-view site, or 'academics only', that is a
form of DRM technology which has both the intent and the effect of
restricting the ability of members of the public to exercise their rights to
view the work in question and is accordingly incompatible with the use of CC
licenses as I understand them.
Yes, it is indeed something like "academics only" at present and for the foreseeable future (although may expand to include social work professionals in the field, social work stuednts, etc.).

 Not only could CC licenses not be attached to
material behind a password which was not freely available, but if they were
so attached anyone with a password would be well entitled to put them up on
another site with no protection.
Yup.
Looking at your website at http://www.storcuram.ac.uk/scope_policy.htm , I
have the impression that the materials you have in mind fall into two
classes, those to which there is no reason why there should not be public
access (so that CC licensing was appropriate) and material which is
restricted, so that it perhaps only the latter that is behind a password.
No, for all classes of material at present CC licensing won't be appropriate- this is because we are dealing with institutions who hold copyright on their academics' teaching and learning materials, rather than individuals. Of course, universities could well say "Hey yeah! Let's make all our t&l materials available on CC licences" but I'm not very optimistic about that just now! There may be some exceptions in future but we need to sort out what we're doing for the vast majority for now.
Incidentally, isn't publishing documents in Microsoft Word .doc format
itself a form of DRM?
No, not at all, it's simply poor accessibility (unless you have an incredibly broad definition of "DRM")! Point taken with the proviso "It weren't me, guv" and the assurance that as we come to the end of our first round of funding and publicly launch everything, I'll make sure that the team puts stuff on the website in properly accessible formats!  :-)
Sarah also asks:
  
And how is work going on the Scottish version of the CC licences?
    
I attach the current draft in html; the link to a page on the CC website
isn't yet live. We hope to have the project formally open in the next week
or two; meanwhile see http://www.jonathanmitchell.info/informationlaw.html
for progress (also link to the current draft if the one attached doesn't get
through).
This is great news- thanks to all those who worked on this.

Best wishes
Sarah
From: Sarah Currier <sarah.currier AT strath.ac.uk>
Date: Tue, 01 Mar 2005 15:00:18 +0000
To: cc-uk AT lists.ibiblio.org
Subject: [Cc-uk] Using CC for our project- advice?

Hi all,

I joined this list a wee while ago and have read the list archives and
the CC website. My project, which is creating a repository for learning
resources for Scottish social work education, is in the midst of
grappling with licensing issues and the CC option is one we are looking
at closely. I have a few questions which I wonder if someone (or some of
you) wouldn't mind having a look at.

Firstly to explain a bit about what we are doing to give background.

SIESWE (Scottish Institute for Excellence in Social Work Education) is
funding a repository for the sharing of digital learning resources
amongst the 9 universities teaching social work in Scotland. These
resources will come in three ways: from the educational community
directly; from existing sources of learning resources to be adapted by
us for the repository e.g. taking a printed pack and converting into
digital form for sharing; and learning resources which we will be
creating ourselves with subject experts.

Users of the repository (and hence the resources) will be social work
educators in Scotland in the short term. It is possible our user base
will expand to include, for instance, social work educators throughout
the UK or globally, professional social workers in the field, educators
in related disciplines such as health care, or college teachers teaching
social care. Over all, however, the repository will be accessible only
by registered users, via user name and password.

NB: Much of the following is still under discussion and subject to legal
advice; this e-mail just summarises some of our ideas at the moment:

We would like the conditions of use attached to each resource to
include: global non-commercial use only, creators must be attributed,
and for resources to be adaptable by users. We would also likely have an
alternative licence in case there are resources which contributors will
not allow adaptation for.

It does seem that we are working within the capabilities of CC as a
licensing system. We do question, however, the meaning of:

"You may not distribute, publicly display, publicly perform, or publicly
digitally perform the Work with any technological measures that control
access or use of the Work in a manner inconsistent with the terms of
this License Agreement."

Is password protecting a community sharing resource like our repository
infringing this? Is the "You" referred to here us (the repository) or
the users of the repository who will actually be using the resources? We
are thinking that only registered users of the repository may use the
resources; they may not pass them on to anyone else.

Are there any other issues that you can see arising from the scenario I
have described?

    
  
Many thanks
Sarah

-- 
*******************************************
Ms. Sarah Currier
Librarian, Stòr Cùram Project
"A Storehouse of Learning Resources for Social Care"
Dept. of Social Work, University of Strathclyde
c/o: Centre for Academic Practice, University of Strathclyde
Graham Hills Building, 50 George Street
Glasgow G1 1QE, Scotland, United Kingdom
Web: http://www.storcuram.ac.uk/
Tel.: +44 (0)141 548 4573   Fax: +44 (0)141 553 2053
E-mail: sarah.currier AT strath.ac.uk   Mob.: +44 (0)7980 855 801
Stòr Cùram is Gaelic for Storehouse of Care
*******************************************



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-- 
*******************************************
Ms. Sarah Currier
Librarian, Stòr Cùram Project
"A Storehouse of Learning Resources for Social Care"
Dept. of Social Work, University of Strathclyde
c/o: Centre for Academic Practice, University of Strathclyde
Graham Hills Building, 50 George Street
Glasgow G1 1QE, Scotland, United Kingdom
Web: http://www.storcuram.ac.uk/
Tel.: +44 (0)141 548 4573   Fax: +44 (0)141 553 2053
E-mail: sarah.currier AT strath.ac.uk   Mob.: +44 (0)7980 855 801
Stòr Cùram is Gaelic for Storehouse of Care
******************************************* 



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