Copyright Compliance for Open Educational Resources (OER) Explained

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Understanding copyright compliance is critical yet complex when creating and using open educational resources (OER).

This guide will clearly explain OER copyright basics, help you choose the right licenses, follow best practices, and access key resources for copyright compliance.

You’ll get a primer on fair use, public domain, and Creative Commons licensing – the framework enabling OER sharing. We’ll explore common OER licenses, highlight compliance tips for creators and educators, and discuss developing institutional policies.

Introduction to Copyright Compliance for OER

Understanding Open Educational Resources (OER)

Open Educational Resources (OER) refer to teaching and learning materials that are freely available online for everyone to use, share, and build upon. They include full courses, course materials, modules, textbooks, videos, tests, software, and more. The key characteristics of OER are:

Open License: OER are published under open licenses that allow free access, sharing, repurposing, and remixing by others. Common licenses include Creative Commons.
Free Access: OER are available for free online access via the internet. Users can view and download OER without paying.
Reusable: OER can be reused verbatim or adapted for specific purposes under the terms of the open license.

Navigating OER Copyright Challenges

Using and sharing OER raises some copyright considerations:

OER creators must properly license materials for open sharing. Failing to do so constitutes copyright infringement.
Users must comply with the terms of the specific OER license regarding adaptations, attributions, etc. Violating license terms is copyright infringement.
When adapting OER content created by others, the copyright protections still apply and must be respected.
Providing proper attribution is essential even if content is openly licensed. Failure to attribute violates author rights.

The Imperative of Copyright Compliance in OER

Complying with copyright is crucial for both OER creators and users to:

Uphold ethics of open access – Copyright non-compliance undermines OER sharing.
Avoid legal penalties – Infringement can lead to fines, damages, and loss of access.
Support sustainability – Proper licensing and use enables continuous OER improvement.
Establish trust and credibility – Compliance demonstrates commitment to OER mission.

In summary, understanding and abiding by copyright is vital for the OER ecosystem to maintain open, ethical access to high-quality shareable resources.

Do you need copyright permission for educational purposes?

Fair use allows reproduction and other uses of copyrighted works – without requiring permission from the copyright owner – under certain conditions. Here are some key things to know about copyright compliance for open educational resources (OER):

What is considered "fair use" for education?

Using excerpts of copyrighted material for teaching, scholarship, and research purposes. This includes quoting passages from books or articles, displaying chart or images, etc.
Typically less than 10-20% of a copyrighted work can be used without permission under fair use.
Factors like the nature of use (educational vs commercial), amount used, and potential market impact are also considered.

Common OER copyright mistakes

Assuming all educational uses are automatically fair use. Permissions may still be required in many cases.
Failing to properly attribute copyrighted material used under fair use exemptions. Proper attribution is still legally required.
Using too much of a copyrighted work quantitatively without permissions. Stick within 10-20% limits.

OER copyright best practices

Seek permissions when reusing substantial portions of copyrighted works, using works published within the last 10 years, or when repurposing for commercial use.
Always attribute properly when relying on fair use, including copyright notice and permissions statement.
Link to original source materials rather than duplicating full copies.
Clearly label public domain works where applicable.

Following these OER copyright compliance guidelines can help mitigate legal risks. Consider utilizing plagiarism checkers to screen content and ensure proper citations. Reach out for legal advice on copyright questions.

What are the main differences between an open educational resource and a copyrighted resource?

Open Educational Resources (OER) differ from traditional copyrighted resources in a few key ways:

Licensing: OER have open licenses, usually Creative Commons, that allow others to freely access, reuse, revise, remix, redistribute, and retain the resources. Traditional copyrighted resources are all rights reserved by default.
Accessibility: OER are free to access and available digitally online. Copyrighted resources are often behind paywalls or only available in limited physical copies.
Adaptability: OER can be adapted and customized by users since permissions are granted upfront. Copyrighted works cannot be changed or repurposed without permission.
Attribution: Most OER licenses require users to properly attribute the original creator when reusing or remixing. Copyright does not include attribution requirements.

So in summary, OER provide more flexibility and accessibility to users compared to traditionally copyrighted materials. The open licenses facilitate collaboration and knowledge sharing that is not possible with all rights reserved copyright. Both serve important purposes, but OER help expand access to quality learning for all.

What is the difference between OER and open access?

The main difference between Open Educational Resources (OER) and open access (OA) materials lies in the permissions granted for reuse.

OER are teaching, learning, and research materials that reside in the public domain or have been released under an open license that permits repurposing, reuse, modification, and redistribution by others. OER are made freely available online for educators, students, and self-learners to legally use and reuse for teaching, learning, research, and other purposes.
Open access refers more broadly to research outputs or copyrighted materials that are made available online free of cost or other access barriers. These can be scholarly publications, datasets, or other digital assets. While they may be accessible to read or download for free, OA materials are not necessarily openly licensed.

So in summary:

OER are a specific type of open access material that has been openly licensed to allow reuse, revision, remixing, redistribution.
Open access means content is freely available to access, read and download but not necessarily openly licensed to repurpose.

OER empower educators legally remix, revise, and redistribute materials to better meet their needs. Open access is a prerequisite for OER but not all OA materials meet the legal permissions required to be considered OER. Understanding this distinction helps clarify what one can do with a given resource.

What is the most commonly used intellectual property license for OER?

The most commonly used intellectual property license for OER that permits free use and re-purposing is called Creative Commons Licensing. Creative Commons licenses work with legal definitions of copyright to automatically provide usage rights pertaining to that work.

Creative Commons licenses allow creators to retain copyright while allowing others to copy, distribute, and make some uses of their work. These licenses provide a simple, standardized way to give permission to share and use creative work.

There are several types of Creative Commons licenses, but the most commonly used license for OER is the Creative Commons Attribution license, also known as CC BY. This license allows others to distribute, remix, adapt, and build upon the licensed work, even commercially, as long as they credit the original creation.

Using a CC BY license ensures an OER resource can be freely used, adapted, and shared to facilitate open access to quality educational materials globally. This supports the key goal of OER to provide equitable access to knowledge for all.

So in summary:

Creative Commons Licensing is the most popular intellectual property license used for OER
It retains copyright protections while permitting reuse and repurposing
The CC BY license allows free use as long as the original creator is credited
CC BY licensing facilitates global open access and sharing of educational resources

Choosing a CC BY license ensures OER materials comply with open copyright standards to enable accessibility and collaboration in education.

Understanding Key OER Copyright Concepts

This section outlines fundamental copyright ideas that impact OER licensing and use.

Fair Use in OER: A Primer

Fair use is an important copyright exception that permits limited use of copyrighted works without permission under certain conditions. This applies to OER as well. Some examples of potential fair use in OER include:

Quoting parts of a copyrighted work for criticism or commentary. Educators could quote short passages from a textbook in their own OER materials.
Parodying copyrighted content by creating a humorous or satirical imitation of it. Making a parody textbook chapter to illustrate a concept could qualify.
Including copyrighted materials for educational purposes like teaching or scholarship. An OER course could incorporate portions of other resources to substantiate analyses.

However, fair use depends on a balanced application of four factors:

The purpose and character of use
The nature of the copyrighted work
The amount used in relation to the whole
The potential market effect on the original

So while quoting a paragraph from a book likely falls under fair use, copying full textbook chapters generally does not.

The Role of the Public Domain in OER

The public domain contains creative works free from copyright restrictions. This content can be used in OER without needing to obtain permission. Works enter the public domain when:

Copyrights expire – The current length is author’s life + 70 years.
The work was created by the U.S. government. All federal documents and publications are public domain.
The work was donated to public domain by its creator.

Incorporating public domain works can greatly expand OER materials. Sources include:

Project Gutenberg for over 60,000 free ebooks
U.S. government websites like NIH, CDC, and NASA
Creative Commons CC0 licensed works

However, confirming public domain status requires research as rules differ globally.

Creative Commons: The Backbone of OER Licensing

Creative Commons (CC) offers several copyright licenses granting public permissions for using OER. All CC licenses have common features:

Free to use
Legally sound copyright licenses
Machine-readable for search engines like Google
Enable users to modify and share OER

Specific CC license types differ in what derivative works can be created:

CC BY – Most open license allowing derivatives with attribution
CC BY-SA – Derivatives must use ShareAlike license
CC BY-NC – NonCommercial use only
CC BY-ND – No derivatives, but can share verbatim

Choosing the appropriate CC license is key for OER copyright compliance.

Exploring OER Licensing Options

Open Educational Resources (OER) are teaching and learning materials that are freely available online for everyone to use, share, and build upon legally. To enable this open sharing and collaboration, OER creators typically publish their content under Creative Commons (CC) licenses. These standardized licenses provide flexibility in specifying permissions around reuse.

When creating and sharing OER, it’s important to understand the different CC license types to choose the one that best fits your preferences and intentions for the content. Some key OER licensing options to consider include:

The CC BY license is one of the most open and permissive CC licenses. It allows others to share, use, and adapt the OER material in any way, even commercially. The only requirement is that they provide appropriate attribution to the original creator.

CC BY makes content very easy to reuse, share, and build upon. It’s a good choice if you want your OER to have broad reach and impact. However, some creators prefer to limit adaptations or commercial use.

CC BY-SA requires derivative works (adapted versions of the original content) to be shared under the same or compatible CC BY-SA license. This helps propagate the open permissions as content evolves.

By selecting CC BY-SA, you allow adaptations but ensure the adapted content remains open. This prevents proprietary derivatives.

CC BY-NC License: Non-Commercial Use Explained

The CC BY-NC license allows sharing and adaptations of the OER, but only for non-commercial purposes. Commercial use requires explicit permission from the copyright holder.

CC BY-NC gives you more control in prohibiting commercial use without your consent. This appeals to some OER creators. However, the downside is it limits business applications of the content.

CC BY-ND License: No Derivatives Allowed

CC BY-ND takes the most restrictive approach among the options listed. It allows sharing verbatim copies of the content, but prohibits creating adapted derivative works without permission.

This license preserves the integrity of the original OER but dramatically limits collaborative potential. Most OER experts advise against CC BY-ND because adaptations and localization often make content more usable.

Choosing the appropriate CC license depends on your priorities and intentions with releasing OER. Consider both the freedoms you want to grant users and restrictions you want to impose. Understanding the implications of different open licenses is key for effective OER sharing that balances creator rights with community collaboration.

Copyright Compliance for OER: Best Practices for Creators

Creating high-quality Open Educational Resources (OER) requires careful attention to copyright compliance. As an OER creator, it is important to have a solid understanding of best practices for properly vetting third-party content, providing attribution, and designing adaptable resources.

Vetting Third-Party Materials for OER

When creating OER, it is likely you will want to incorporate some third-party content, whether images, videos, text passages, or other media. However, you must properly vet these materials to ensure you have the right to reuse them. Here are some key steps:

Check licenses/terms of use: Review the license or terms of use for any third-party content to understand reuse allowances. Common open licenses include Creative Commons and public domain.
Seek explicit permission: If no open license is provided, seek explicit permission from the copyright holder before incorporating their content. Get confirmation in writing.
Review fair use guidelines: Even without an open license or direct permission, you may be able to incorporate content under fair use exemptions for commentary, criticism, etc. But carefully review guidelines.

Taking these steps upfront saves considerable headaches down the road if any questions arise over the validity of third-party content usage. Document your process for future reference.

Providing Proper Attribution in OER

Giving proper attribution is both an ethical obligation and legal requirement when incorporating most third-party content into OER, even with an open license. Best practices include:

Follow license requirements: If the third-party content has a Creative Commons or other open license, follow the specific attribution standards required by that license. These are usually outlined on the Creative Commons website or within the license itself.
Cite author and source: At minimum, clearly cite the original author/creator of any third-party content you incorporate, as well as the original source where it was published or found.
List license type: Indicate the exact license the third-party content is being used under, e.g. Creative Commons Attribution-ShareAlike 4.0 International.
Provide links/metadata: If possible and relevant, provide links back to the original source so users can access it directly. Some open licenses require this.

Proper attribution protects creators legally, enables others to give direct credit, and upholds ethical standards.

Designing OER for Adaptability

A key benefit of OER is that others can adapt the content to suit their needs. As an OER creator, keep this in mind:

Use open file formats: When possible, use open file formats like .txt, .svg, .html to allow easy editing. Avoid locked formats like .pdf.
Employ modular design: Break content into discrete, reusable components that can be reorganized or repurposed easily by others.
Clarify adaptation terms: Indicate what types of adaptations you permit under the OER’s open license. Can others build on your work? Modify formatting? Add new sections? Specifying this avoids confusion.

Building adaptability empowers the community to truly make your OER content their own within the guardrails of copyright compliance. This maximizes the value for all.

By properly vetting third-party materials, providing attribution, and enabling adaptations, OER creators can produce high-quality resources that comply with copyright while advancing open education.

Copyright Compliance for OER in the Classroom

Understanding Permitted Uses of OER in Education

Educators should have a clear understanding of how they can legally use OER materials in the classroom and what restrictions may apply. Here are some key points on permitted uses of OER:

Review and evaluate OER to determine if they meet instructional needs. No copyright issues here.
Store OER locally for convenience. Most licenses allow this.
Print OER course packets for students. Usually permitted.
Share links to OER materials publicly. This helps attribution.
Adapt or modify OER if licenses allow derivative works. Check first.
Combine OER from multiple sources into new materials if licenses permit.

However, there are some usage restrictions to keep in mind:

Do not plagiarize or present OER as your own creation. Always attribute.
Do not sell OER content unless the license expressly permits commercial use. Most do not.
Do not adapt OER if the license does not allow derivative works. Respect terms.

When in doubt, review the specific OER license or ask the copyright holder if a use case is permitted.

Educating Students on OER Copyright and Licensing

As an instructor using OER materials in the classroom, it is important to educate students on proper OER attribution and licensing as part of the learning process. Here are some tips:

Explain Creative Commons – What it is, key license types, the importance of attribution.
Lead by example – Properly attribute all OER used in your own instructional materials.
Check student work – Ensure students properly attribute any OER used in their submissions.
Teach citation methods – Include an OER citation section in your writing style guide.
Set assignment guidelines – State licensing and attribution requirements upfront for student projects.
Check understanding – Occasionally quiz students on OER citation ethics.

Equipping students with this knowledge will help reinforce good open content creation and sharing practices that they can carry into their future academic and professional careers after graduation.

Ensuring OER Accessibility for Diverse Learners

Making OER materials inclusive for all learners is crucial. Here are some tips on ensuring OER accessibility:

Audit for accessibility issues – Use automated checkers and manual reviews.
Caption multimedia – Add transcripts, subtitles or sign language.
Describe images – Use alt text to convey visual information.
Structure documents – Use styles, headings, lists properly.
Support text alternatives – Offer audio versions of text materials.
Follow accessibility standards – Aim for AA level of WCAG 2.1 guidelines.
User test – Have people with disabilities review materials.

Building accessibility into the OER search, evaluation, adaptation, and creation process expands access to education for those with diverse needs. It demonstrates inclusiveness and social responsibility – values all educators should role model.

Developing Institutional OER Copyright Policies

Institutions looking to publish open educational resources (OER) should establish clear copyright and oversight policies. This ensures OER meet accessibility, licensing, and other standards from creation through publication.

Incentivizing OER Creation Within Institutions

There are several ways institutions can encourage faculty to create quality OER content:

Release Time: Provide faculty release time from teaching to develop OER. This allows focused time and effort.
Stipends: Offer stipends or additional compensation for creating OER. This helps offset the work required.
Grants: Develop internal mini-grants to fund OER projects. This provides faculty resources to produce assets.
Recognition: Formally recognize OER contribution in promotion and tenure processes. This incentives continued participation.

Incentives make it more attractive for educators to produce OER content that meets institutional standards.

Implementing OER Oversight Procedures

Institutions should enact oversight procedures to govern OER development, including:

Copyright Review: Require copyright review before publication to ensure assets use open licenses and cite sources appropriately. This prevents infringement issues.
Accessibility Review: Mandate accessibility testing to guarantee OER meet disability/assistive technology needs per ADA regulations.
Editorial Review: Enforce editorial review focused on instructional design quality and outcomes. This elevates overall OER effectiveness.
Version Control: Use a central repository to track OER iterations and preserve prior versions. This maintains integrity over time.

Formal oversight procedures result in higher quality, legally compliant OER content.

Adhering to Accessibility Standards in Institutional OER

To guarantee accessibility, institutions should require OER creators to:

Provide text transcripts for audio and visuals
Add descriptive alt-text to images
Structure documents for screen readers
Allow content to reflow in mobile
Ensure sufficient color contrast
Validate accessibility with automated checkers

Mandating and supporting these practices ensures all institutional OER content accommodates disabilities and assistive technologies.

Utilizing Copyright Resources for OER Compliance

This section provides links to tools and materials to support OER copyright compliance.

Choosing the Right Creative Commons License for OER

When creating or adapting OER materials, it is important to select an appropriate Creative Commons (CC) license. The CC license chooser is a useful tool for identifying which license best fits your needs.

Some key things to consider when selecting an OER license:

Attribution – All CC licenses require attribution. This means users must give credit to the original creator.
Adaptability – Some licenses allow modifications and adaptations, while others do not. Choose based on your preferences.
Commercial Use – Some licenses prohibit commercial use without permission. Others explicitly allow it.
Jurisdictional Variations – There are slight differences in some licenses depending on geographic region.

Using the CC License Chooser, you can answer a few quick questions to find the ideal OER license. Things like commercial use, adaptations, jurisdiction, etc. are covered.

Leveraging OER Attribution Generators

Properly attributing adapted or repurposed OER materials is crucial for copyright compliance. OER attribution generators are online tools that can simplify the attribution process.

Some popular OER attribution generators include:

OER Attribution Helper – creates attributions for OER-based works
Open Author – generates attributions for adaptations
CC Attribution Helper – creates CC license attributions

These tools walk you through a series of questions about the OER source material and how it was used or adapted. They then auto-generate a properly formatted attribution statement that you can simply copy/paste into your content.

Using OER attribution generators helps streamline copyright compliance and ensures you are properly crediting original works.

Consulting Institutional Copyright Offices for OER Guidance

If you work or study at a college, university, or other academic institution, your copyright office can provide guidance on OER licensing and compliance.

Copyright advisors at these institutions stay up-to-date on the latest OER copyright standards and best practices. They can help clarify:

Which licenses are preferred for different OER use cases
Proper attribution methods for repurposed OER content
Institutional policies related to OER creation and use
Answers to other OER copyright questions

Before launching an OER initiative or course, be sure to consult your institutional copyright office. Their OER expertise will help ensure full copyright compliance from the start.

Conclusion: Embracing Copyright Compliance in OER

Copyright compliance is an essential part of creating and sharing open educational resources (OER). By following best practices around attribution, licensing, and permissions, OER creators can uphold the OER mission of providing free and openly licensed materials while also respecting intellectual property rights.

Here are some key takeaways around copyright compliance for OER:

Properly attribute all included content by citing sources. Use citations even for public domain or Creative Commons-licensed materials.
Check the licenses of any third-party content. Only include content you have permission to use or that is openly licensed.
Apply an open license like Creative Commons to your OER materials to clearly communicate reuse rights.
When adapting or remixing, maintain attribution and indicate if you have made changes to imported third-party content.
Carefully review guidelines from repositories where you share OER content to ensure your submissions meet their requirements.

Adhering to copyright protections enables the sharing of open materials while safeguarding creator rights. This article has aimed to provide key concepts, guidelines and resources to support copyright compliance for open content. By embracing these practices, OER publishers can confidently provide quality open education resources.

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