Build upon parts of CC BY-NC-SA 2.5 in a paid, educational content

Question

I am reading some great articles licensed under CC BY-NC-SA 2.5.

On the License's site, I read that this means it's

• Non Commercial: This means that I "may not use the material for commercial purposes."

Tooltip for Commercial Purposes is:

A commercial use is one primarily intended for commercial advantage or monetary compensation.

In the FAQ

Do Creative Commons licenses affect exceptions and limitations to copyright, such as fair dealing and fair use?

(...) CC licenses do not reduce, limit, or restrict any rights under exceptions and limitations to copyright, such as fair use or fair dealing. If your use of CC-licensed material would otherwise be allowed because of an applicable exception or limitation, you do not need to rely on the CC license or comply with its terms and conditions (...)

On the Limitations and exceptions to copyright [Wikipedia] page I read that in the case of educational content, limitations and exceptions to copyright may apply.

I might want to create tutorial videos and sell them online in the future that might contain quotes from content licensed under CC BY-NC-SA 2.5.

So my question is: Can I build upon parts of CC BY-NC-SA 2.5. content in a paid (so I'd charge visitors) and educational content.

Answer 1

Probably not

What you propose is almost certainly not fair dealing: in countries with fair dealing defenses, what counts as educational use is generally strictly prescribed.

It may be fair use but probably isn't.

In both cases, fair use/dealing are affirmative defenses, meaning that you have to prove they meet the criteria: the copyright owner only has to allege that they don't. They are also multi-factor tests: the educational use suggests they are, the charging for them suggests they aren't. If you are an educational institution (school, university etc.) and distribution is only to enrolled students, it's probably fair use- if your primary object is commercialization it probably isn't.