
Who Owns AI-Generated Content?
Dan Wilton
March 23, 2026
As a contribution to the "Sharing is a Challenge" series for OEWeek 2026 from the Unitwin Network on Open Education, the web article, Who Owns AI-Generated Content? by Rory McGreal, UNESCO/ICDE Chair in Open Educational Resources, addresses two "paralyzing concerns" regarding the use of AI-generated learning materials: the paralysis of legal uncertainty, and the crisis of trust in shared content.
"This article confronts these intertwined problems directly. We move beyond generic advice to address the specific apprehensions that hinder creators. Our goal is to demystify the legal landscape, provide current information on using shared material, and rebuild the confidence needed to engage with the digital commons—not recklessly, but with informed and empowered knowledge.
"Presently, a clear legal trend is emerging that strongly supports openness in education. The evolving copyright landscape for GenAI, characterized by the denial of protection for purely AI-generated works, aligns with fair use/dealing doctrines and statutory exceptions for education. This creates a novel and powerful foundation for a new class of fully accessible Open Educational Resources (OER), democratizing content creation and freeing it from traditional copyright restrictions."
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ABOUT THE AUTHOR
Dan Wilton
Developer, Athabasca University
Developer, Athabasca University
Developer and designer for various initiatives at Athabasca University.
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RECENT NOTES
March 23, 2026
As a contribution to the "Sharing is a Challenge" series for OEWeek 2026 from the Unitwin Network on Open Education, the web article, Who Owns AI-Generated Content? by Rory McGreal, UNESCO/ICDE Chair in Open Educational Resources, addresses two "paralyzing concerns" regarding the use of AI-generated learning materials: the paralysis of legal uncertainty, and the crisis of trust in shared content. "This article confronts these intertwined problems directly. We move beyond generic advice to address the specific apprehensions that hinder creators. Our goal is to demystify the legal landscape, provide current information on using shared material, and rebuild the confidence needed to engage with the digital commons—not recklessly, but with informed and empowered knowledge. "Presently, a clear legal trend is emerging that strongly supports openness in education. The evolving copyright landscape for GenAI, characterized by the denial of protection for purely AI-generated works, aligns with fair use/dealing doctrines and statutory exceptions for education. This creates a novel and powerful foundation for a new class of fully accessible Open Educational Resources (OER), democratizing content creation and freeing it from traditional copyright restrictions." ...
January 10, 2026
In December 2025, Te Pūkenga (New Zealand Institute of Skills and Technology), the sole shareholder of the Open Education Resource Foundation (OERF), made the decision to disestablish the non-profit and end its services. The roles of the New Zealand UNESCO Chair in Open Educational Resources and the Open Source Technologist supporting Open Education at Otago Polytechnic were terminated. Wayne Mackintosh describes in a detailed blog post how poor stewardship and neglect forced the self-funding OERF, responsible for several successful and award-winning initiatives including WikiEducator and the OERu, into technical insolvency. "The actions taken by the shareholder resulted in the Foundation no longer being able to continue operating as a self-funded entity, notwithstanding that it had done so for 14 years." As a result, its services, including the open online courses hosted by the OERF, are expected to wind down by mid-2026, breaking long-standing commitments to the UNESCO OER Recommendation. In a related post, Paul Bacsich provides a conversation with ChatGPT about the factors leading to the closure of the OERF ...
October 23, 2025
Maryam Sayab, Director of Communications at the Asian Council of Science Editors (ACSE), has written a blog post on the promises and pitfalls of publishing as a Diamond OA journal, launching a critical conversation for Open Access Week. She argues that: "... the scholarly community risks embracing a 'utopian ideal' of free publishing without grappling with the structural realities that make it viable.... The result is a paradox: in regions where the promise of diamond OA is most urgently needed to break down paywalls and amplify underrepresented scholarship, the conditions for sustaining it are least available." She asks, "... not how many journals are diamond, but how many can endure, and what we, as a global community, are willing to do to ensure they do." Sayab's full blog post and accompanying discussion are available here . International Open Access Week, Who Owns Our Knowledge, runs from October 20 to 26, 2025. ...
August 28, 2025
The Government of the Socialist Republic of Vietnam has issued a Decree on the development, use, and management of Open Educational Resources (OER) in higher education in Vietnam. An unofficial English translation (for academic and reference purposes only) is now available on the OER Knowledge Cloud. From Article 1: This Decree regulates the development, evaluation, publication, sharing, use, and management of Open Educational Resources (OER) in higher education in Vietnam. It establishes policies, mechanisms, and technical standards to ensure the quality of materials, openness, fair and long-term access, and effective use across the higher education system. ...
March 8, 2025
During Open Education Week 2025, CIDER hosted a special series of sessions to celebrate the 25th anniversary of The International Review of Research in Open and Distributed Learning (IRRODL). Recordings of all three sessions are available. March 3: Retrospective on Open Access Publishing Rory McGreal March 5: The Evolution of Open and Distributed Learning Connie Blomgren and Terry Anderson March 7: Emerging Technologies in International Education Adnan Qayyum and Levina Yuen Download the OE Week 2025 overview . ...









