Lehre 4.0 | Legal Aspects of E-Learning
Copyright and licensing requirements of OER
Anyone who wishes to license teaching and learning materials under an open content license must first ensure that he or she is entitled to do so. Originally, only the author is entitled. If a third party wishes to publish the work as an OER, he or she must first obtain the necessary rights of use from the author. In this context, care must be taken to ensure that the contracts with the authors are drafted in such a way that they include all necessary rights of use. Even if the author himself places the material under the open content licence, it must be ensured that he or she has all the necessary rights and that the open content licence does not violate the rights of third parties.
Notice:
If you want to publish OER, you need the necessary rights - as with any other publication. Otherwise, open content licensing does not have any effect and users can utilize the material without authorization. It is therefore important to ensure that all the necessary rights of use are available. In case this is not the author, special contracts must be concluded with the author for the acquisition of the rights.
Notice:
For a successful OER strategy it is advisable to use well-known standard licenses. For content (unlike for software), CC licenses are the preferred choice. These are widely used and have developed into a kind of standard for Open Content. However, you can also make a lot of mistakes when choosing the appropriate CC license. To avoid this, a strategic and considered approach is recommended.