Open Educational Resources (OER): Copyright

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

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 educational 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 copyright 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.

Please refer to the Copyright Research Guide for addition information:http://libraryguides.quinnipiac.edu/copyright

If you have questions concerning copyright please contact Public Services Librarian Robert Young at robert.young@quinnipiac.edu