It looks like you're using Internet Explorer 11 or older. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. If you continue with this browser, you may see unexpected results.
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.
Makes use of copyrighted material without permission legal, under certain circumstances. Usually, just one copy for personal non-commerical educational use. Does not include workbooks unless copyright owner grants permission.
1. If the purpose and character of your use is non-profit - that leans towards "Fair Use"
2. If the nature of the copyrighted work is a fact or an idea rather than the presentation of facts or ideas, that leans towards "Fair Use"
3. If the amount and substantiality of the portion taken is minimal and is not the main point of the work, that leans towards "Fair Use"
4. If the effect of the use upon the potential market is expected to be minimal or non-existent, that leans towards "Fair use"
"...it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work."
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.