[open-science] Call for OpenCourseWare to be published at SlideWiki.org

[Mr. Puneet Kishor]

See below --


On Feb 27, 2013, at 7:32 AM, Piotr Migdal <pmigdal at gmail.com> wrote:

> I read parts of the Creative Commons Attribution Share-Alike license
> http://creativecommons.org/licenses/by-sa/3.0/legalcode
> and now I have a very different understanding to looking at shorter description and some, not necessarily the most representative cases. 
> 
> Except for the "Fair use" case (which, may depend a lot on country)... and a typical "No one will care, sue or even get angry (I hope author is OK with that)", CC BY SA make a distinction between "adaptation" (where you need to apply CC BY SA) and "collection" (where you need to apply CC BY SA _only_ to this part).
> 
> It that sense CC BY SA seems to not be as viral (and thus of very limited reusability) as I thought. 
> 
> In particular, (again, I now little about copyright law) it _seems_ that using a slide with CC BY SA license ensures that this slide (with further modifications) will remain under CC BY SA, but do not force to apply to other slides.
> 
> Though, the distinction between "adaptation" and "collection" may be tricky even on philosophical grounds, not to say on legal.



You are correct about "may be tricky" part, but that is the nature of law. Everything is decided on a case-by-case basis, and rarely is anything clear cut.

I asked our legal team this very question yesterday, and the following was explained with the prerequisite "It depends" and "This is not legal advice," etc.

It really depends on how integral is the CC BY-SA slide to your presentation. If you can leave the slide out without substantially changing the nature and meaning of your presentation, then the slide is not central to your presentation, and then you can mark that slide as CC BY-SA (its original license), and mark the rest of your presentation as being something else. You can think of the CC BY-SA just being in close proximity to your own slides.

On the other hand, if the CC BY-SA slide is central to your presentation, and your presentation wouldn't be what it is without that slide, then you are really creating an adaptation, and in that case your entire presentation has to be CC BY-SA.

Hope that makes sense. It does to me.


> 
> Regards,
> Piotr
> 
> On 24 Feb 2013, at 19:15, Tom Morris <tfmorris at gmail.com> wrote:
> 
>> On Sun, Feb 24, 2013 at 11:35 AM, Paweł Szczęsny <ps at pawelszczesny.org> wrote:
>> 
>>> Anybody correct me if I'm wrong, but the presentation is a remix and
>>> Share-Alike (or ND) conditions of licenses of the remixed works apply
>>> to the remix: http://wiki.creativecommons.org/FAQ#Can_I_combine_works_that_use_different_Creative_Commons_licenses_into_my_work.3F
>>> 
>>> So "SA" enforces the license of the whole presentation.
> 
>> 
> 
>> Unless, of course, one of these exceptions apply:
>> 
>> http://wiki.creativecommons.org/FAQ#Do_Creative_Commons_licenses_affect_exceptions_and_limitations_to_copyright.2C_such_as_fair_dealing_and_fair_use.3F  
>> 
>> whether using a single slide out of 50 would be considered "fair use" would depend on how central the slide was too the original presentation, the intended use of the new presentation, and perhaps some other factors, but I'd guess that more often than not it would qualify for a fair use exception.
> 
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