OER - Open Educational Resources

What is Fair Use?

In general, Copyright Law prohibits reproducing and distributing copyrighted works. However, the "Fair Use Doctrine" (Section 107) allows a limited amount of copying for purposes such as teaching and scholarship. In determining whether the use made of a work in a particular case is a Fair Use, the factors to be considered include:

• The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
• The nature of the copyrighted work;
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• The effect of the use upon the potential market for or value of the copyrighted work.

Fair Use raises almost as many questions as it answers, and can be a persistent source of concern for teachers.  The most important point to remember is that Fair Use is both a right and a privilege, and does provide a substantial degree of freedom and protection for teachers. However, that freedom is often challenged, and in reality, most educational institutions do not have the resources, skill, or will to engage in long and expensive legal battles over this issue. 

This Fair Use Checklist from Columbia University Libraries can be helpful in determining whether or not usage falls under fair use.

See our Navigate Copyright guide for more information.

Creative Commons Licensing

Creative Commons licensing is at the heart of the OER movement. CC allows creators to specify more flexible forms of copyright that allow "others to copy, distribute, and make some uses of their work."

Look for copyright information (often at the bottom of webpages). Creative Commons licensed material sometimes display clickable icons that indicate the specifics of licensing. Examples:

See the Creative Commons USA website for more info and to acquire license icons.

See the Creative Commons website to learn how to remix and share your work

How to Share Your Course Materials with a CC License

Here's a brief video explaining how to use tools like YouTube, Vimeo, SoundCloud, and Flickr to share your course materials under a Creative Commons license:

What can I do with Creative Commons?

Apply a Creative Commons License to make your work re-usable on your terms. The chart below explains the different Creative Commons licenses and what the licenses allow others to do with your work. 

This guide has been adapted for MSMU by Amy Sonnichsen from the OER - Open Educational Resources by Lauren B. Collister guide at the University of Pittsburgh, University System Libraries. Collister's OER guide is adapted from resources at Portland Community College, Virginia Tech, and UMass Amherst Libraries.

The content in this guide is licensed under a Creative Commons Attribution 4.0 License.