[cc-community] [cc-licenses] Educational Use and NC

Mike Linksvayer ml at creativecommons.org
Tue Dec 13 11:13:06 EST 2011

I'm sending this to cc-community rather than approving for cc-licenses
as it doesn't directly address 4.0. Feel free to debate whether a
particular use is NC on cc-community. Take it back to cc-licenses
when/if there's a suggestion for the NC definition in 4.0 or something
otherwise directed toward how NC is handled in 4.0.


---------- Forwarded message ----------
 From: Paola Di Maio <paola.dimaio at gmail.com>
To: Development of Creative Commons licenses <cc-licenses at lists.ibiblio.org>
Date: Tue, 13 Dec 2011 10:24:15 +0000
Subject: Re: [cc-licenses] Educational Use and NC

I would be prone to de-couple the resource that you are creating from
the fact that the college chargers for their course, provided the
resources you are producing are going to be made available publicly on
the web for free (non commercial) despite the fact that the school
charges tuition and admin fees.

If the resource is freely available on the net, the fact that the
school is employing you to develop the resource, and that charges fees
to its pupils, does not mean
it makes money from restricting access to educational resource

I would then argue that although the commercial operation (the school)
uses the OA resource, the use is still non commercial because its open
to anyone without the need to enrol

MIT and Stanford are opening the way by making also tuition on
selected courses (the machine learning one) also free and accessible
to all



On Mon, Dec 12, 2011 at 7:01 PM, Brian W. Carver
<bcarver at ischool.berkeley.edu> wrote:
> Hello,
> I teach Copyright law. I am developing an online course for
> undergraduates to be offered by a university (that charges money for its
> courses). I thought I could explain some concepts of copyright law by
> using some Creative Commons videos. I would need to host and distribute
> the videos in the online course platform. In particular, I thought I
> might edit down and use part of:
> http://creativecommons.org/videos/get-creative
> However, it is licensed under the Attribution-NonCommercial-ShareAlike
> license, and I assume my use would be a commercial use.
> So, my options are: negotiate with Creative Commons directly or rely on
> fair use. (For those not familiar with that video, the irony of not
> being able to "skip the intermediary" may not be as apparent as I
> intend. Go watch it.)
> So then I thought maybe a different video could serve my purposes, so I
> looked into using:
> http://creativecommons.org/videos/a-shared-culture
> But it is also licensed Attribution-Noncommercial-Share Alike and I
> still assume my use would be a commercial use.
> So I figured out that the author, Jesse Dylan, maintains a website at
> http://wondros.com/contact but after reviewing all those job titles I'm
> still not sure who I should contact to get permission to use that video.
> If Creative Commons videos themselves cannot (easily) be used to educate
> students about copyright, then something has gone terribly awry. I
> believe that many authors, not just Creative Commons, would not object
> to educational uses of their content and select the NonCommercial option
> only to prevent someone from directly selling the content for profit.
> Given that, and given Creative Commons' support for Open Educational
> Resources (OER), I think it is time to mitigate the harm the
> "NonCommercial" license option does to OER by providing authors with an
> option to signal that "Educational" uses are excluded from the
> NonCommercial prohibition.
> "Educational" would have to be defined carefully so as not to create
> another term that confuses authors and re-users, but I think it could be
> done. Probably along the lines of an exception for "...performance or
> display of a work by instructors or pupils in the course of teaching
> activities of an educational institution, in a classroom or similar
> place devoted to instruction or as part of instructional activities
> transmitted via digital networks..."
> Faculty developing online courses should not have to try to figure out
> Section 110 of the Copyright Act (the TEACH Act), which I read to
> require me to use some sort of DRM that I don't have access to or
> inclination to use anyway. See the Berkman report that states,
> "...restrictions so limit the reach of the TEACH Act, and make it so
> difficult for educators to comply with its requirements, that most
> observers believe the exception from liability it offers has little or
> no value." [1]
> Implementation of an educational uses exception could be handled however
> CC likes, but I would initially suggest that "permit educational uses?"
> be a follow-on option to those that select "NonCommercial" leaving us
> with a plain NC license option and an NC-EDU option. I know that creates
> some undesirable license proliferation, but I think the educational
> market is so large and so important so as to justify it. I offer this as
> a less radical suggestion to eliminating the NC license, something I
> would also likely support.
> [1] http://cyber.law.harvard.edu/media/files/copyrightandeducation.html
> --
> Brian W. Carver
> Assistant Professor
> University of California, Berkeley
> School of Information
> _______________________________________________
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses

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