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Welcome to the 2020 Open Education Conference! The conference was held November 9-13, 2020 and recordings are available to explore and enjoy anytime. Watch this video for an update on plans for #OpenEd21 and sign up to stay in the loop! Contact us: contact@openeducationconference.org.
Thursday, November 12 • 12:00pm - 12:55pm
How Would You Teach if Copyright Wasn’t in the Way? Best Practices in Fair Use and Fair Dealing

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Open education has tremendous potential to build tailored resources that reflect the diverse experiences of students and empower a set of transformative open practices. Like any tool, however, open education can only achieve these ends when resources are intentionally developed by educators with the necessary skills and support. In order for open education to meet its potential, it is clear that educators must have access to the most current and relevant materials even when those materials are protected by copyright. Reliance on copyright exceptions such as fair use and fair dealing is critical for creating the most effective and inclusive materials, a fact well-understood and frequently employed by commercial textbook publishers.

In order to meet these needs in a way that is truly transformative we have developed a Code of Best Practices for Fair Use and Fair Dealing in Open Education. Building on more than 50 interviews and focus groups with creators, publishers, and legal experts in the open education community, we identified areas of need, opportunities for development, and community-recognized values. We have brought these together into a unified resource that explains how fair use and fair dealing can empower educators to live up to our aspirations and build open resources based on pedagogy and inclusivity, unencumbered by legal uncertainty and anxiety.

This session introduces the Code and invites participants to explore the opportunities and challenges it creates. We will lead an interactive discussion about the Code and walk through strategies for applying it to a variety of situations in creating and using OER. We will also describe the way that the Code demonstrates alignment between different systems of law to create a broad set of practices permitted across North America and beyond.

Next, we will invite participants to share their own reflections on the amazing things they can do when empowered by fair use and fair dealing in OER and to discuss how the Code may or may not fit in their own practices. By grounding this discussion in the practices and concerns of participants we hope to make the Code more accessible as a resource and to make it more reflective of the needs of actual practitioners. We hope this discussion can seed ongoing community engagement so that open education can benefit from all of the rights promised to creators under the law.

Learning Outcomes:
In this session participants will:

- Be introduced to and critically explore the Code of Best Practices in Fair Use and Fair Dealing for Open Education

- Share and collaboratively explore use cases as well as opportunities and challenges related to copyright and fair use/fair dealing in open education

- Discuss opportunities for engaging with the work of the Code as open educators and as members of the open community

avatar for Will Cross

Will Cross

Director, Open Knowledge Center & Head of Information Policy, North Carolina State University
Will Cross is the Director of the Open Knowledge Center & Head of Information Policy at N.C. State University where he guides policy, speaks, and writes on copyright literacy and open knowledge. He recently served as a Hewlett-funded Open Education Fellow and as an instructor for... Read More →
avatar for Meredith Jacob

Meredith Jacob

Project Director - Copyright, Education, and Open Licensing, PIJIP/CC USA
avatar for Peter Jaszi

Peter Jaszi

Professor Emeritus, American University
Professor of Law, American University
avatar for Bilan Jama

Bilan Jama

Education Policy Specialist, Creative Commons USA
avatar for Prue Adler

Prue Adler

Consultant, American University Washington College of Law
avatar for Jeselene Andrade

Jeselene Andrade

Finance and Grants Coordinator, American University Washington College of Law

Thursday November 12, 2020 12:00pm - 12:55pm EST
Concurrent 2
  Challenges, Interactive Discussion