Copyright 4 Educators (AUS)

1. Can Bogani use material licensed under CC BY and CC BY-NC-SA in her classes?

Every CC licence allows you to:
•Copy the work (eg. download, upload, photocopy and scan the work);
•Distribute the work (eg. provide copies of the work to teachers, students,
parents and the community);
•Display or perform the work (eg. play a sound recording or film in class, or
stage a play to parents);
•Communicate the work (eg. make the work available online on the school
intranet, learning management system or on a class blog); and
•Format shift verbatim copies of the work (eg copy a MP3 version of music
onto a CD or an MP4 version of a film onto a DVD to play in class).from What is Creative Commons?
 
Under the CC BY licence, Bogani can "copy, share, modify and build upon your work, even commercially", as long as she gives attribution to the original author of the work.
 Under the CC NY-NC-SA licence, Bogani can "copy, share, modify and build upon your work non- commercially, as long as they credit you and license new creations derived from your work under the same conditions".  So yes, she can use the material as long as she is giving the correct attribution to the original creator, not selling the resulting material, and licensing her derived works under the same licence conditions.
 
2.Would your answer change for her blog?
NO as the creative common states The above rights may be exercised in all media and formats whether now known or hereafter devised. http://creativecommons.org/licenses/by-nc/3.0/legal
 
 

1. What if she has Google Adsense running?   

Probably not although this appears to be a grey area in interpretation but David says The reading I have done online suggests that since Google Adsense is a commercial operation, she would be in breach of the CC BY-NC-SA licence conditions, if an Ad was displayed on the same page as the CC BY-NC-SA licensed material.  However, using Google Adsense would not violate the terms of the CC BY licence.
 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 connection with the exchange of copyrighted works     .http://creativecommons.org/licenses/by-nc/3.0/legalcode
 

1. Can she post the resources licensed under CC BY-NC-SA on her CC BY-SA blog?

She can
 •Copy;
•Adapt or modify;
•Redistribute (publish, display,
publicly perform orcommunicate the work); and
•License to others on the same
terms as the original work.
 
No, she cannot post resources licensed under CC BY-NC-SA on her blog, as the CC BY-NC-SA licence requires her to licence her works under the same terms (ie she must therefore licence the blog under CC BY-NC-SA).
 

1. Has Bogani breached copyright in making her teaching resource? Can she share it with other teachers in her college? Can she upload it to a public OER site?

No she has not breached copyright the blog should be password protected with access restricted to students and teachers at the college. She should give attribution to all material she uses on the blog according to the wishes of the creators of that material. If she is unable to identify the creator she can rely on copying  and communicating under Part VB of the copyright act as long as she adheres to the copying limitations. 
If she wishes to share online all three sites use CC BY-NC-SA or CC BY-SA but as she does not know where some material comes from 
 Attachment A
Notice Required When Communicating Part VB Material