Yellow Group Case 4
Monday, October 12th, 2009View 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.