“Creating teaching materials for Fall 2020 and beyond: authoring and adapting Open Educational Resources for colleges and universities (strategies, systems, and sources for creating OER)”, a video (1 hour, 37 min.) from American University Washington College of Law, Program on Justice and Intellectual Property, May 1, 2020.
Guidance on using excerpts from copyrighted material inserted into remixes or creations of OERs may be found in the Code of Best Practices in Fair Use for Open Education Resources, dated Feb 17, 2021.
Fair Use in a Nutshell
To sum up, individuals (like OER authors) who are contemplating the use of unlicensed copyrighted inserts would do well to follow the example of today’s federal judges, who focus, in effect, on two key analytic questions that effectively collapse the four factors:
If the answer to these two questions is clearly in the affirmative, a court is likely to find a use fair.”
From the Code, p.28. “Code of Best Practices in Fair Use for OER, available at auw.cl/oer is licensed under CC BY 4.0”
Find more information on Fair Use in the Copyright & Fair Use Research Guide.