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Hi Kevin, 

Just to add to Alistair's comments, I'd also suggest going with a CC-BY-SA licence if at all possible as interpretations of NC are ambiguous at best.  There was a long discussion about the non commercial licence on the OER-Discuss mailing list recently which you can revisit at the list archive here if you're interested.  [log in to unmask]">https://www.jiscmail.ac.uk/cgi-bin/webadmin?A1=ind1403&L=OER-DISCUSS&X=08796C1D7B8D182E2D&Y=lmc%40strath.ac.uk#10 

I've also copied Cable Green's advice on the subject below, as you might find it useful. 

Best Wishes
Lorna


Begin forwarded message:

From: Cable Green <[log in to unmask]>
Date: 19 March 2014 17:48:35 GMT
To: [log in to unmask]
Subject: Re: non-profit = non-commercial
Reply-To: Open Educational Resources <[log in to unmask]>

Greetings Open Friends:

I've been watching this thread with great interest.

A few points:

(1) If it's useful, I'm happy to arrange a webinar with a member of Creative Commons Legal team ... and me (the non-lawyer education guy.  And we can talk through NC.

(2) It is important to remember that NC is triggered by use - not by the user.  That is:
  • IBM (a for-profit company) can legally use NC licensed resources for non-commercial purposes (e.g., providing free staff professional development for its staff).  

  • The Open University (a non-profit institution) could not use NC licensed resources primarily for commercial purposes.  e.g., OU could not put MIT OCW (BY NC SA) content on its web site and sell downloads of MIT OCW content for 100 pounds (or other).
    • It is, however, widely accepted in the global open education community, that OU can use the MIT OCW (NC licensed) content in its courses, charge tuition for those courses (as long as OU was not explicitly charging for the content), and not violate the NC license.
    • Another example of allowed NC use: the OU bookstore could print an NC work (e.g., an NC licensed textbook) and sell that book to OU students as long as it was on a cost-recovery basis. 

(3) In my 3 years at Creative Commons, I have learned (about NC use in education):

  • There is a significant amount of unused middle-ground with NC.  What I mean is: most licensors (the copyright holder putting an NC license on their work) want to share the work broadly (or they wouldn't have put a CC license on their work in the first place) ... and they simply don't want others to blatantly make commercial use of their work.
  • Licensees (users of the NC work) tend to be overly cautious about using NC licensed works for fear that their use might be deemed "commercial" by the copyright holder.
  • The result is a broad range of available use of NC works that goes unused.

(4) All of this nuance around NC is one of the reasons many open education projects avoid NC and instead use:

  • CC0 - dedicating works to the public domain
  • CC BY
  • CC BY SA

Warmest regards,

Cable

PS - I am on the road... so please forgive my slow response times...

Cable Green, PhD
Director of Global Learning
Creative Commons
@cgreen
http://creativecommons.org/education
reuse, revise, remix & redistribute
On 21 Mar 2014, at 13:53, aclark wrote:

Hi Kevin and Alistair

This looks like a great project - I look forward to accessing the contents.

You invited thoughts on the statement so I can offer these three:

1) Language - I assume this is intended for an audience which includes people  who do not have English as a first language. This is a double reason to try a SMOG test - Currently it comes out at over 20 which is high. Shorter sentences and bullets may help.    http://www.niace.org.uk/misc/SMOG-calculator/smogcalc.php   

2) The bracketed -  (intergenerational learning) I think means learning between generations of adult educators but could be taken to mean materials will be focussed on Intergenerational Learning. 

3) There has been a lot of debate recentlty about using a CC-NC-SA licence as the 'Non Commercial' (NC) bit is open to all sorts of ambiguity and could be seen to prohibit material being used in a course for which people have paid or quoted in a book. If you don't have a really good reason to insist on NC I would ditch is but keep BY (Attribution - they have to say you made it) and SA (They have to share as you did and include the same licence)  
It is worth remembering that UK Govt 'Open Govt Licence does not prohibit 'commercial' use  AND placing a Creative Commons licence on material DOES NOT give away your copyright. You keep that but just licence use.  

I do hope that this is what you wanted - it is all small detail stuff  and the project itself looks really good.

When do you publish?


Alastair Clark
  

On 21/03/2014 13:10, Kevin Campbell-Wright wrote:
[log in to unmask]" type="cite">

Hi All

 

I wondered if you might be able to help out with the following?  If replying, could you please copy in my colleague Alistair Lockhart-Smith (CCd) who is not part of the SIG group?

 

NIACE, along with a network of organisations from 8 other European countries, are developing a comprehensive training course that will enable staff in adult education to learn more about European developments and adult education in other countries

 

As a result, a large number of materials and resources will be created in order to: share good practice; provide information, advice, and guidance (IAG); and support exchange between different generations of adult education staff (intergenerational learning), learning experts and peers. The materials produced by the network will be made available to a transnational audience for wider dissemination, with the aim that the materials are shared and adapted to take into account different learning contexts and cultures. This does raise the issue of copyright and how we control this, and as such the network has come up with the following statement:

 

“Adhering to and implementing the Creative Commons licensing tools provides a legal way for you to use, share, and adapt copyrighted AE-PRO material, but you must attribute the AE-PRO network as the creator. The AE-PRO network encourages the dissemination of its material, but it is important that you use the same licence when distributing your work. You cannot use the material for commercial purposes. For further information please visit the Creative Commons website: http://creativecommons.org/licenses/by-nc-sa/3.0/.”

 

On behalf of the network, we would very much appreciate it if you could cast an expert eye over the above statement. We would welcome and thoughts that you might have.

 

Kind regards

 

--

Kevin Campbell-Wright | Project Officer (Digital) | Centre for Life Skills

NIACE | 21 De Montfort Street | Leicester | LE1 7GE

Tel: 0116 204 2837 | Mob. 07917 123 089 | Twitter: @KevAtNIACE | Web: www.niace.org.uk

 



--
Alastair Clark
+ 44 (0)7847417027
www.aclark.eu
<alastair.vcf>

-- Lorna M Campbell --
Assistant Director, Cetis
Web: www.cetis.ac.uk
Blog: lornamcampbell.wordpress.com
Mail: [log in to unmask]
Twitter: LornaMCampbell
Skype: lorna120768