How do I determine if my use of the curricular materials would be considered a commercial use and therefore not allowed?

The curricular materials provided on EngageNY are licensed under the Creative Commons Attribution Non-Commercial Share-Alike (CC BY-NC-SA) license ( and are subject to the noncommercial term under that license. However, the determination of what constitutes a commercial use is the responsibility of our end users as the New York State Education Department does not provide legal counsel or make determinations on what would be considered a commercial use. If you are not sure if your use of the materials would be considered a commercial use, you should contact your legal advisors to ensure that your services and/or activities are not in violation of the applicable Creative Commons license.

Below is some additional information to assist you in making this determination:

Creative Commons License used on EngageNY Curriculum:

Creative Commons FAQ about noncommercial clause:

Additional information about noncommercial interpretation: