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OER Background: Creative Commons (CC) - Licensing and OER

DISCLAIMER: Material provided is only intended as a guide. This guide is not a substitute for professional legal advice.

Copy rights are property rights. The copyright owner has the right to make a profit on every copy.

The foundation of content creation, protection, and use, is that copyright protection starts when a work is put in tangible form.

The law protects the right of the copyright owner to have the opportunity to receive payment for every copy of their intellectual property.

Caution: The creator of an original work may not own the copyright.  If you produce a “work for hire”, your employer may claim the copyright.

How "Fair Use" interacts with CC-licensed works

How "Fair Use" impacts the REUSE of CC-licensed works

You must clearly mark what part(s) of your mixed work are still protected by copyright.  Although you may be able to use that part of the copyrighted work under "Fair Use", you can not guarantee that "Fair Use" will apply to the next user.  If you do not clearly mark your mixed licensed content, you could mislead a re-user into misuse of another person's property.

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