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Decoding the "Code of Best Practices in Fair Dealing for Open Educational Resources (OER)"

Date

2024-06-20

Authors

Johnson, Rowena
Savage, Stephanie
Dickison, Josh
Martin, Heather

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Abstract

In 2022 the Canadian Association of Research Libraries struck a working group to create a Canadian adaptation of the US Code of Best Practices in Fair Use for Open Educational Resources. Intended to address the relative lack of practical guidance for OER developers regarding the use of third-party copyrighted material in open educational resources (OER), the Canadian Code provides a judicious and legally sound basis for the application of the fair dealing exception in the context of OER creation. As of late 2023, the working group has completed their adaptation and is developing dissemination and implementation strategies to support the Code’s use and adoption by institutions and OER practitioners across Canada.

Description

This session will introduce attendees to the Code and provide background on its development, but will primarily focus on the Code content, including: An overview of differences between the US and Canadian codes, with references to the Canadian legal environment and supporting legal analysis, a discussion of the four key use cases outlined in the Code and practical application of the code for OER creators, a review of Appendix Three: Indigenous Knowledge and Considerations for Inclusion in OER, which is original to the Canadian Code, and how the code is intended to be used and suggestions on institutional adoption and implementation. We also intend to leave time for comments and questions at the end of the session.

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