Yellow Group Case 4
October 12th, 2009 at 13:15View the Text for Case Study week 4
If we assume by the term ‘community college’ that Bongani’s college is a public education institution, even though students pay fees this is for cost recovery rather then for profit as the government only provides partial funding. Then her use of the creative commons non-commercial material would be fine, as it meets the criteria. This would be different on her blog if revenue is derived from Google Adsense for advertising as this would no longer meet the non-commercial criteria.
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. 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 con-nection with the exchange of copyrighted works http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode
For Bongani to use her material on Siyavula, she will need to resolve the attribution issues. This will require her to produce a rights management sheet for the work, while much of it is her own, she will need to identify others works and make decisions. If attribution is not possible, then an alternative may need to be found. Siyavula appears to be a resource for all teachers within the jurisdiction, if that is the case, then Bongani, could put material up, that includes her deliberate exceptions material, as all teachers in the network would/should have the same rights to use the exceptions.
Bongani cannot post material originally licensed CC BY-NC-SA on her blog as CC BY-SA because the share alike condition does not allow her to change the license.
October 27th, 2009 at 7:11 pm
Pink group assessment of Yellow Group Case 4:
Overall assessment: 9/10
Comments: Nice work. Similar to fair use, though, the use of web ads is subject to a certain degree of interpretation. AdSense is only problematic if the revenue is the primary focus or actually significant enough to be generating profit for Bongani. Chances are that the revenue barely sustains the blog, and in this case it would not necessarily violate the NC clause.
January 7th, 2010 at 5:52 am
Since there is more than one question it would be useful to make it clear which parts of the blogpost relate to which question.
While it is stated that the use of material by a community college “meets the criteria” of NC this is not supported by detailed reasoning.
The statement “Bongani cannot post material originally licensed CC BY-NC-SA on her blog as CC BY-SA because the share alike condition does not allow her to change the license.” is misleading because it does not consider whether the material can be licensed separately from the standard licence of the blog. In other words while the standard licence of the blog can by CC BY-SA specific items on the blog can be licensed under other licences such as CC BY-SA NC provided that the different licence is clearly indicated. Bongani’s blog could state that her material on her blog is licensed under CC BY-SA unless otherwise indicated. Bongani would also have to properly attribute the material. The question then arises whether the use of advertisements on Bongani’s blog makes her use of the material a commercial use.
January 7th, 2010 at 7:30 am
Assessment 9/10