OER and Fair Use: Strange Bedfellows or BFFs?

Abstract

Fair use is an exception found in U.S. copyright law that authors, educators, and librarians frequently take advantage of when using third-party works in the creation of new scholarship. Can fair use be considered when looking to develop or reuse works created by others in open educational resources (OER)? In this session, we reviewed the fair use statute and explored the four factors of fair use through the lens of OER creation and use. Tips for making thoughtful applications of this exception were discussed, as will opportunities to get involved with the development of Best Practices in Fair Use for Open Educational Resources that can be utilized by various communities looking to promote OER creation and use.