This document is intended to support authors, teachers, professors, librarians, and all open educators in evaluating when and how they can incorporate third party copyright materials into Open Educational Resources to meet their pedagogical goals.
The Open Education program at Creative Commons works to minimize these barriers, supporting the CC mission through education, advocacy and outreach on using the right licenses and open policies to maximize the benefits of open educational resources (OER) and the return on investment in publicly funded education resources.
"The creation of open educational resources (OER) requires consideration of a number of legal issues. Paramount amongst these is consideration of Intellectual Property Rights (IPR), and in particular, copyright. Making materials ‘open’ is to make them available to the public for free in perpetuity (at least to some extent – certain restrictions are still possible)."