Understanding how copyright and licensing work is crucial for creators and users alike. These concepts determine how materials can be shared, modified, and used by others, whether in educational settings or beyond.
Watch our introductory video on Creative Commons Licences (15 minutes).
Teaching materials and other works in any format are automatically protected by copyright when they are created.
Copyright protection applies even if works are published on the open web and are free to read. Copyright owners "reserve all rights" to copy, publish, modify,or perform the work. Others cannot legally reuse the work without a licence or permission.
Open licences, such as Creative Commons licences, are used by copyright owners to give others permission for some uses. Openly licensed works are protected by copyright with "some rights reserved".
OER may also be in the public domain, meaning there are no copyright restrictions. The works are free to use in any way, even without attribution. Works will automatically enter the public domain when their copyright protection expires. Additionally, creators can voluntarily dedicate their works to the public domain using the Creative Commons Public Domain Dedication (CC0), effectively marking them as "no rights reserved".
Most OER use Creative Commons Licences (CCL). CCL are legally sound and are used worldwide to overcome some of the limitations of different copyright legislation in different countries.
By choosing to apply a CCL to your work, you retain your copyright but give others permission to reuse, revise, translate or adapt the material on condition they give you credit (attribution). If you want to copy or redistribute a work with a CCL you can do so without contacting the author for permission, on condition you provide attribution. There are four CCL elements that are combined to give six different Licences.
If you are not concerned about credit, you can choose to waive your copyright by dedicating the work to the public domain with CC Zero (CC0). CC0 is often applied to stock images and to raw data.
The most open Creative Commons licence is CC-BY which means others are free to use the work on condition they attribute the creator. Creative Commons-Attribution-Non-Commercial-No derivative (CC-BY-NC-ND) is the the most restrictive CC licence. Others can use the work but not for commercial purposes and ND means they may not publish adaptations.
OER, by definition, are free to Retain, Reuse, Redistribute, Revise, and Remix therefore works published with a CC ND element are not considered to be OER.
Image adapted from Creative Commons license spectrum by Shaddim, licensed under CC BY 4.0
If you are planning to adapt or remix content from different sources, you will need to be aware of CCL compatibility to ensure your readers can use your new OER without breaching the license conditions of the source material. Please contact your Faculty Librarian to discuss and plan your project.
For more information about the CCL suite, using a work with a CCL and choosing a CCL for your own work read Creative Commons: About CC licences.
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Attribution (CC BY) |
Users can distribute, remix, adapt, and build upon the work, even commercially. The creator must be given credit. |
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Attribution-ShareAlike (CC BY-SA) |
Users can remix, adapt and build upon the work, even commercially. The creator must be given credit, and the new work must also be licensed with a CC-BY-SA licence. |
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Attribution-NoDerivatives (CC BY-ND) |
Users can redistribute for commercial and non-commercial purposes. The creator must be credited. Modifications, adaptations or translations cannot be shared. Works licensed with ND are not considered OER and the library does not recommend ND for scholarly works. |
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Attribution-NonCommercial (CC BY-NC) |
Users can remix, adapt, and build upon the work for non-commercial purposes only. The creator must be credited. The new work should also be for non-commercial purposes only, but other terms can be added. |
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Attribution-NonCommercial-ShareAlike |
Users can remix, adapt, and build upon the work for non-commercial purposes only. The creator must be credited and the new work must also be licensed CC-BY-NC-SA.
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Attribution-NonCommercial-NoDerivs |
Users can redistribute the work for non-commercial purposes only. The creator must be credited. Modifications, adaptations or translations cannot be shared. Works licensed with ND are not considered OER and the library does not recommend ND for scholarly works. |
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Public Domain (CC0) |
Users can redistribute, adapt or remix the work for any purpose. Attribution is not required, however, the library recommends including attribution or at least a source whenever possible. The use of the public domain dedication tool - CC0, should not be confused with works where copyright has expired and marked with a public domain mark. |
Charles Sturt University acknowledges the traditional custodians of the lands on which its campuses are located, paying respect to Elders, both past and present, and extend that respect to all First Nations Peoples.
Charles Sturt University is an Australian University, TEQSA Provider Identification: PRV12018. CRICOS Provider: 00005F.
