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Open Educational Resources: Adapting / Creating OERs

Adapting / Creating OERs

“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.

Course Planning Template

License Chooser

Fair Use and Open Educational Resources

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:

  • Did the use “transform” the copyrighted material by using it for a purpose significantly different from that of the original, or did it do no more than provide consumers with a “substitute” for the original?
  •  Was the material taken appropriate in kind and amount, considering the nature of both the copyrighted work and the use? 

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 is licensed under CC BY 4.0

More Information on Fair Use

Find more information on Fair Use in the Copyright & Fair Use Research Guide.

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