Development of Creative Commons licenses

[Rob Myers <rob AT robmyers.org>]

On 05/08/2012 01:31 PM, David Wiley wrote:
> For an example of someone who thinks educational use is commercial,
> see the terms of use here:
>
> http://www.montereyinstitute.org/license/license.html

In the US four-factor test for Fair Use, commercial and educational uses 
are separate factors. And it is explicitly *nonprofit* educational use 
that is considered a factor:

http://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law

"17 U.S.C. § 107
[...]
1. the purpose and character of the use, including whether such use is 
of a commercial nature or is for nonprofit educational purposes;"

So educational use certainly *can* be commercial.

If we must explicitly mention education in the NC license module, it 
should be *nonprofit* education.

But I think this is redundant. Nonprofit education is nonprofit.

- Rob.