Whilst it's great to have all the discussion on clarity and the whys and wherefores of the intention(s) of the licensor(s) in relation to non-commercial uses of the CC licenses - most people dont have this time - and need to make a decision in relation to their various projects - If I was in doubt - I would put link(within the pay wall) to licensed material under CC NC licence. If that does not fit (for whatever reason within your project) - then seek clarification from rightsowners - that is easy and quicker to do. You can then explain the non-commercial (or otherwise) status (if that is the case) of your project even though a fee is being applied. If you deem you dont have time to do either - drop it. Just remember - its up to you to judge whether the quality of the content is worth the process of getting it included legitimately - the contract should not always lead the way - the content should. As is often said - Just do it!! Bernie
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From: Joseph.Corneli [[log in to unmask]]
Sent: 04 September 2012 12:14
To: [log in to unmask]
Subject: Re: [OERU] Re: [OER] New York Times: University of the People
> Yes, but if you lock a NC licensed resource behind a paywall, you're in
> violation of the license, while if you do that with a non-NC license,
> you're not.
... There's no license violation if you're the copyright holder in the first place (in which case, you can lock it wherever you want), and that's probably true for University of the People.
Furthermore, if you're not the copyright holder, that means you got the work from somewhere else, which may well mean that others can do so too. Finally, whenever a downstream user gets ahold of the NC work in question (from whomever), they can put it up on their own (free) website, making the paywall-protection a bit vestigial.
CC-By has all of the same properties, plus downstream users are not limited in the ways they reuse the material, so I don't see how CC-NC is "more free" than CC-By.
The Open University is incorporated by Royal Charter (RC 000391), an exempt charity in England & Wales and a charity registered in Scotland (SC 038302).