Written by an intellectual property attorney, this article describes the 4 factors that determine Fair Use of copyright-protected materials, with examples.
"A practical reference about how to customize — or adapt — an open textbook so that it better fits your needs in the classroom and elsewhere."
OER Workshop unit covering each step of selecting, reviewing, adapting, and adopting OERs for your course(s).
Watch this short video to learn useful tips for creating your own OER textbook.
Some content in this section was adapted from "OER Authoring and Publishing Tools," UT Austin Library, CC BY-NC 4.0.
The OEI Course Design Rubric guidelines recommend the following to improve usability of your Canvas materials.
These are some good locations to place OERs in your Canvas course:
Method |
Pros |
Cons |
Basic link in module |
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Copy and paste |
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Embed webpage into Canvas module |
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Place in side navigation via Redirect tool |
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Regardless of how content is integrated into the course, you must always check its accessibility.
Content can be accessible but not useful. While providing context is necessary, take care to not include so much information that it is visually overwhelming or difficult to navigate.
These files have their own accessibility guidelines beyond the web accessibility guidelines. If uploading PDFs or Word docs, please ensure that the document is likewise accessible/usable.
Homework system, created by LibreTexts, where instructors can adapt and create customized homework questions; make questions open-ended or autograded; pick between assessment styles; and embed existing material from Canvas or other textbooks. Includes learning analytics.
Provides homework, quizzes, and tests with rich mathematical content. Large question database and students can get immediate feedback on algorithmically generated questions.
Free platform where you can make interactive digital tools, integrates with Canvas and LibreTexts. Embed interactive question forms, charts, images/videos, and more.
This open-source homework management system integrates with Canvas and has features similar to purchased products such as WebAssign, MyLab, and MasteringPhysics, but at no cost to students. Published by the Mathematical Association of America.
You may use some copyrighted works without permission under special circumstances.
These circumstances are described as Fair Use by U.S. Copyright Law:
"The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."
Determining Fair Use is subjective and depends on a variety of factors.
Commercial use: "Uses in university work are generally not commercial..."
Bad faith: "Lying, cheating, or otherwise acting in bad faith in order to gain access to the work you use"
Using work that is not yet published: "Congress amended the fair use statute to clarify that fair use can apply to unpublished materials, 'if such finding is made upon consideration of all the [fair use] factors.'
Using a creative work: "The strength of copyright is greater for creative works at the core of copyright protection, such as novels, paintings, and songs."
Using "the heart" of the work: "Using the “heart of the work” weighs against fair use." Note: "heart of the work" is loosely defined, but generally refers to the most important, distinguishing part of the work.
Using more of the work: "In general, the more you use, the less likely your use is to be fair... [however] other factors and subfactors can outweigh this one... If the amount used is necessary to the transformative purpose of the use, this factor is neutralized."
Attributions:
The digital tools, checklists, and guidelines below, created by copyright specialists and librarians from different institutions, will help you assess and evaluate fair use.
For more copyright-related resources, see the Copyright page of this guide.
Attribution: PickPik Royalty-free photos