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University Library, University of Illinois at Urbana-Champaign

Open Educational Resources (OER): OER and Copyright

This guide provides instructor a basic understanding of Open Educational Resources (OER), including how to find, evaluate, use, and adapt OER materials for their own curriculum.

Citing OER

Citing OER resources varies based on the type of resource (ie. images, textbooks, sound, etc.) The CC attribution guide is a good starting point for writing appropriate citations. In general, the suggested citation format is: 

[Title] by [Author], used under [CC License].

You should also consider including the name of the website or source a work came from. Lastly, you should include links to the work itself, the CC license used, and the author and/or source site if possible.

In addition, consider how much of the work you are using when you cite it. For example, if you are citing an entire OER textbook, the citation style suggested above would work well. However, if you are only using an image from that textbook, you should consider adding information about the chapter the image came from.

Citing Image Adaptations

When using OER images, you may decide to adapt the image. This can be something small, like cropping the image slightly, to something that substantially changes the image, like photoshopping elements or color grading. In this case, your citation should also include information about the adaptations you made. For smaller adaptations, a citation could be formatted as: 

[Title] by [Author], used under [CC License]. / Cropped from original.

For adaptations that significantly alter the original work, a citation could be formatted as: 

[New title] is adapted from [original title] by [original author], used under [CC License]. [New title] is licensed under [CC license] by [your name here].

OER and Creative Commons Licenses

​​​Copyright applies to all intellectual property, and OER is no exception. However, many OER creators use Creative Commons licenses, which are designed to work with copyright law and help users create, distribute, use, and adapt OER legally. The different Creative Commons licenses vary based on how OER creators would like users to cite, use, and adapt their OER works. 

The six types of Creative Commons licenses are explained below. You can find more information about these licenses on the Creative Commons' website, as well as on their Frequently Asked Questions page.

CC-BY License

CC-BY

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use.

CC BY includes the following elements:

  • BY – Credit must be given to the creator

CC BY-SA License

CC BY-SA

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. If you remix, adapt, or build upon the material, you must license the modified material under identical terms.

CC BY-SA includes the following elements:

  • BY – Credit must be given to the creator
  • SA – Adaptations must be shared under the same terms

CC BY-NC License

CC BY-NC

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator.

CC-BY-NC includes the following elements:

  • BY – Credit must be given to the creator
  • NC – Only noncommercial uses of the work are permitted

CC BY-NC-SA License

CC BY-NC-SA

This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms.

CC BY-NC-SA includes the following elements:

  • BY – Credit must be given to the creator
  • NC – Only noncommercial uses of the work are permitted
  • SA – Adaptations must be shared under the same terms

CC BY-ND License

CC BY-ND

This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as attribution is given to the creator. The license allows for commercial use.

CC BY-ND includes the following elements:

  • BY – Credit must be given to the creator
  • ND – No derivatives or adaptations of the work are permitted

CC BY-NC-ND License

CC BY-NC-ND

This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator.

CC BY-NC-ND includes the following elements:

  • BY – Credit must be given to the creator
  • NC – Only noncommercial uses of the work are permitted
  • ND – No derivatives or adaptations of the work are permitted

Copyright Considerations

While using open educational resources, you should also consider whether or not your use of the material falls into fair use. Fair use allows users to use copyrighted material without notifying or receiving permission from the copyright owner. Our Copyright Reference Guide: Fair Use is a useful starting point for learning about more fair use and its criteria.

In general, you should consider the following four fair use factors when deciding if your use of OER falls under fair use:   

  • Purpose and character of the use. How do you intend to use the work? Cases in which works were used for educational or research purposes are usually weighed in favor of fair use; on the other hand, cases in which works were used for commercial gain are usually weighed against it. 
  • Nature of the material. Is the material you used published or unpublished, and is it factual in nature or creative in nature? Published works and/or factual works are more likely to be considered in favor of fair use. 
  • How much of work will be used. Did you only copy a portion of the original work, or did you copy the entire work? 
  • Impact on the market for the original. Would your use of the copyrighted work replace the market for the original work? 

American University also has resources on Best Practices in Fair Use for Open Educational Resources, which can help address further questions about how fair use applies to open educational resources. 

Public domain works are works that are no longer protected by copyright, and are thus free to use without obtaining permission from the copyright owner. More information about the public domain and what works fall into it are available in the Copyright Reference Guide: Public Domain

Most OER works are not in the public domain (though some OER creators choose to give up their copyright and place their works in the public domain). However, public domain works are useful resources that you can use to create and adapt OER. Although it can be difficult to identify what works are in the public domain, there are some useful resources for finding and identifying them: 

  • Some creators use the Creative Commons license CC0 to waive their copyright, effectively placing their work in the public domain. In addition, the Creative Commons also has a Public Domain mark that is be used to identify works no longer restricted by copyright. Searching for both of these licenses is a good starting point for finding public domain works. For some sites like Openverse or Flickr, you can also use search filters to search for only public domain works or works with no known copyright. 
     
  • In addition, more and more institutions and organizations are recognizing Public Domain Day, when new works enter into the public domain. While Public Domain Day typically focuses on more prominently known works, it's a useful resource for identifying new public domain works. 

 

Where can you find images, sound, music, and text for creating OER works? A wide variety of resources host public domain and open access content that you can copy, remix, and publish for OER purposes. A list of resources, the content they host, and their licensing permissions are included below. 

Copyright considerations chart by the University of Minnesota LibrariesNote: This graphic was created by the University of Minnesota Libraries.

Scholarly Communication and Publishing

Read More

You might be wondering about your rights as a faculty member. How might OER you create or redistribute increase your impact? What copyright concerns should you have? Do OER "count" as publications? Many of these questions are still being explored. Many of these resources help explain why: