Clearing Materials for Use in an OER

Clearing Materials for Use in an OER

Use this form to clear the copyright for materials proposed for inclusion in an Open Education Resources (OER). “Materials” refers to documents, photos, videos, recordings, music, etc. If the copyright cannot be cleared, then do not use the materials. System Procedure 3.27.1 Copyright Clearance requires the user of copyrighted information to clear the copyright before use.

Name of person clearing copyright: ______Date:______

Title of OER Textbook: ______

Description of copyrighted materials:______

Check the applicable box. The copyright to the above referenced materials has been cleared through at least one of the following factors.

The materials are the original materials of the OER Textbook author(s) who is contributing them to the textbook. Author’s signature ______

The materials were established to be in the public domain (donated, copyright expired, etc.).

• Copyright expired on ______
• Materials donated by ______

The materials were copied from a federal government website. URL:______Date: ______

The attached Fair Use checklist supports the proposed use of the materials as a fair use.

The materials were made available through an open or CC license and the OER textbook complies with all of the terms in the license (e.g., attribution, link to CC license, note of any changes made to original materials).

Written permission was obtained from the copyright owneror authorized agent through a

⃝Signed letter ⃝ Subscription or license agreement ⃝ Email

Compliance with Agreements (in addition to Copyright Law)

Use of the materials does not violate the terms of a subscription, license, or similar agreement that provides access to the materials.

Use of the materials does not violate the terms of use of the website from which the materials were copied or downloaded.

Grant Requirements

The OER is being developed with grant funds.

All the materials used in the OER comply with the terms of the grant. (e.g., grant requires all materials used in the OER be Open or Creative Commons Licensed materials.)

Videos, Images, and Audio Recordings

Signed media releases have been obtained from people who are recognizable in the videos, images, or audio recordings used in the OER.

The proper license/permission has been obtained for use in the OER.

Not Applicable.

All completed forms, fair use checklists, permissions, license and subscription agreements, and other documents used to clear the copyright of materials should be maintained in a 3-ring binder for each OER. Questions on copyright and related agreements should be discussed first with the college/university librarian and then elevated to the System Director for Policy, Procedure, and Intellectual Propertyat when appropriate.