Open Pedagogy


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.

Fair use statement: “Beyond Circular Fashion” infographic by Zero Waste Europe included under the basis of fair use as described in the CFBPFUOER.
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.


Icon for the Creative Commons Attribution 4.0 International License

Connecticut College Pressbooks Creator Guide by Ariela McCaffrey is licensed under a Creative Commons Attribution 4.0 International License, except where otherwise noted.

Share This Book