Copyright is the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of a creative work. Copyright holders can grant permission for others to use their content. These permissions are called licenses, and the resulting products are called derivative works.
The Code of Best Practices in Fair Use for Open Educational Resources outlines the flexibility of the rules of copyright in the case of course materials created with students. The following uses are allowed under fair use:
- Using inserts as objects of criticism and commentary
- Including inserts for the purpose of illustration
- Incorporating content as learning resource materials
- Repurposing pedagogical content from existing educational materials
Adoption and adaptation of OER should be as straightforward and transparent as possible. When using material under copyright and relying on fair use, a clear acknowledgment of this fact is best practice. The image below provides an example of a fair use statement with attribution to the original author.
From the presentation: Help a Creator Out!? Leaving a Guide for Revising and Remixing by Shannon M. Smith and Amber Hoye, Open Education Conference 2023.