The OER Knowledge Cloud makes use of cookies. By continuing, you consent to this use. More information.
Code of Best Practices in Fair Use for Open Educational Resources
Jacob, Meredith · Jaszi, Peter · Adler, Prudence S. · Cross, William

Secondary titleA Guide for Authors, Adapters & Adopters of Openly Licensed Teaching and Learning Materials
Published17 February 2021
Type of workCode of best practices
SeriesBest Practices in Fair Use for OER
Pages 46
PublisherAmerican University Washington College of Law
CountryUnited States, North America

Fair use enables the creation of new and different OER - resilient materials that give educators the control and flexibility to meet the needs of their students and the pedagogical goals of their courses. In competition with this vision, subscription-based, one-size-fits-all, and time-limited models restrict the ability of educators to adapt their materials to their students' needs and experiences, while imposing inflexible demands on limited budgets. Educators must also be able to modify and adapt materials to fully meet the needs of all learners, including students with disabilities, marginalized students, and students facing emergent situations, such as disaster or dislocation. Educators should not be constrained to only what commercial publishers choose to offer and the formats they choose to offer it in. When OER authors are able to understand and rely on fair use, it allows them to create materials that are compelling, impactful, and adaptable.

This Code is a tool for educators, librarians, and authors to evaluate common professional scenarios in which fair use can enable them to incorporate inserts, including those protected by copyright, to create OER. It can provide groups working on OER projects with a shared framework for evaluating and understanding when and how to incorporate existing content to meet pedagogical needs.

Keywords fair use · copyright · OER · law

Published atWashington, DC
RightsCC BY
Export optionsBibTex · EndNote · Tagged XML · Google Scholar

Best Practices in Fair Use for OER.pdf · 613.1KB13 downloads

Viewed by 2560 distinct readers


The evaluations below represent the judgements of our readers and do not necessarily reflect the opinions of the Cloud editors.

Click a star to be the first to rate this document


A new polemic: Libraries, MOOCs, and the pedagogical landscape
Almeida, Nora
The Massive Open Online Course (MOOC) has emerged in the past few years as the poster child of the online higher education revolution. Lauded and derided, MOOCs (depending on who you ask) represent the democratization ...
Match: teaching; copyright; United States; North America

Fair use in the U.S. economy: Economic contribution of industries relying on fair use
Rogers, Thomas; Szamosszegi, Andrew; Capital Trade Incorporated
Fair Use exceptions to U.S. copyright laws are responsible for more than $4.5 trillion in annual revenue for the United States, according to the findings of an unprecedented economic study released today. According to ...
Match: fair use; copyright; United States; North America

The ultimate guide to copyright, fair use, and Creative Commons for educators
Morris, Kathleen; Waters, Sue; Burt, Ronnie
It has never been easier to publish online or consume digital content. This comes with many advantages and can make teaching and learning so much more targeted and impactful. Living in a digital world also brings up ...
Match: fair use; copyright; United States; North America

MOOC makers: Professors’ experiences with developing and delivering MOOCs
Blackmon, Stephanie
Massive open online courses (MOOCs) have been described as purposeful educational resources for teaching, open educational initiatives, competency-based learning, and the like. They have also been described as an agent ...
Match: teaching; OER; United States; North America

Data-informed open education advocacy: A new approach to saving students money and backaches
Thompson, Sydney; Cross, William; Rigling, Lillian; Vickery, John
The North Carolina State University Libraries has long recognized the financial burden textbook costs place on students. By crosswalking information on use of our textbook collection with textbook cost and course ...
Match: Cross, William; United States; North America

Images and the open educational resources (OER) movement
Perez, Jorge Enrique
With the growing interest in faculty publication in Open Educational Resources (OER), librarians have not only been tasked in becoming well versed in locating OER materials for instructors but also assisting with ...
Match: copyright; OER; United States; North America

Creating and sharing Open Educational Resources
Harmon, James; Kapeller, Doug; Mika, Joshua; Seng, Bill; et al.
This collection/course in Itunes U includes multi-touch books for the iOS/iTunesU platform, as well as reviews of apps for creating OER and discussions and tutorials regarding OER topics.
Match: fair use; copyright; OER

Open educational resources: Discussion paper March 2019
This document provides an overview of the main issues related to the use and creation of Open Educational Resources (OER) by CAUT members. It also provides suggestions for implementation, a bibliography for further ...
Match: copyright; OER; North America

With due respect to PricewaterhouseCoopers
Nair, Meera
Howard Knopf (a prominent intellectual property lawyer and longstanding advocate for maintaining the limits upon copyright as prescribed by law) has drawn our attention to a new study commissioned by Access Copyright ...
Match: copyright; OER; North America

Creating, using and sharing Open Educational Resources
McGreal, Rory
Open Educational Resources (OER) are free learning resources available on the Internet. OER can be openly licensed or in the public domain, and can be used or reused for free. They can exist in many formats: text ...
Match: copyright; OER; North America