[Oer-community] NC License and Printing cost

[Wayne Mackintosh]

HI Zaid,

Under version 3.0 of the Creative Commons license the determination of what
constitutes non-commercial is largely determined by the intent of the
copyright holder. (Which generates interesting remix scenarios when the
intent (definition) of the copyright holders of different NC materials
being remixed may not be identical, particularly when the SA provision is
added which requires the derivative work to be released under the identical
license -- where intent regarding NC may differ.)

There is strong opinion that recouping directing printing costs of NC
materials by a non-profit would not necessarily constitute commercial use
-- but best to confirm this with the copyright holder. See for example
this piece
in COL's Connections<http://www.col.org/news/Connections/2008feb/Pages/fairComment.aspx>.


To the best of my knowledge we don't have case law to test this assumption.



On Thu, Nov 29, 2012 at 1:51 PM, Zaid Ali Alsagoff
<zaid.alsagoff at gmail.com>wrote:

> Dear All,
>
> Thanks everyone (sharing their points) for the awesome discussion
> regarding Creative Commons and especially the NC license aspect. However, I
> am not sure I can associate popcorn with OER in the cinema, unless the
> popcorn is free. Since it is mostly over-priced (including in Malaysia) to
> say Popcorn is OER or OER are popcorn doesn't ring a bell in me (Sounds
> cool only). Though, David's blog post made totally sense to me (Who
> cares!), except the popcorn aspect (though the separation aspect between
> cinema and popcorn makes sense). I suppose, it will make sense, when I get
> free popcorn at the cinema (I wish) :)
>
> However, my question to the experts on NC is this: Should for example the
> University print-out several copies of a CC BY-NC-SA module (used for a
> course), and then charge the student for the printing cost just to cover
> the cost without making money...is that allowed or are we violating the NC
> license aspect. Such instances might occur to save the students from
> needing to individually print them out themselves (convenience), and it
> might also save cost as it is done in bulks.
>
> Obviously, if we make money selling the printed OER it is wrong, but what
> about doing it just to cover the cost (without making profit) is it allowed
> based on the NC license?
>
> My current understanding (Still confused on this aspect) is that you can't
> do it, but my rationale say it should be allowed to do it to cover cost
> (only).
>
> If this question has been discussed already, I apologize for missing that
> particular thread. Trying hard just to keep up with all the great
> discussions going on this time around.
>
> Thanks and warm regards,
>
> *Zaid Ali Alsagoff*
> *E-Learning Manager*
> International Medical University
> No. 126, Jln Jalil Perkasa 19, Bukit Jalil,57000 Kuala Lumpur, Malaysia
> Blog: http://zaidlearn.blogspot.com/
>
> Twitter: http://twitter.com/zaidlearn
>
>
>
>
> On Thu, Nov 29, 2012 at 6:55 AM, Stephen Downes <
> Stephen.Downes at nrc-cnrc.gc.ca> wrote:
>
>>  > Fewer restrictions = more degrees of freedom for downstream users and
>> uses.
>>
>> It's like they never stop saying this, even though it's not true.
>>
>> -- Stephen
>>
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>
>
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-- 
Wayne Mackintosh <http://wikieducator.org/User:Mackiwg>, Ph.D.
Director OER Foundation <http://www.oerfoundation.org>
Director, International Centre for Open Education, Otago Polytechnic
Commonwealth of Learning Chair in OER, Otago Polytechnic
Founder and elected Community Council Member,
WikiEducator<http://www.wikieducator.org>
Mobile +64 21 2436 380
Skype: WGMNZ1
Twitter <http://twitter.com/#%21/Mackiwg> |
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