The Legal Aspects of Using Open Educational Resources in Education

5 June 2026

Open Educational Resources (OER) have become a game-changer for educators and students alike. With the rise of digital learning, OER provides an accessible, flexible, and often free way to distribute knowledge. But as with any tool that becomes widely adopted, there are always a few strings attached, particularly when it comes to legalities.

In this article, we'll delve deep into the legal aspects of using OER in education. We’ll take a look at what Open Educational Resources are, the benefits they offer, and — most importantly — the legal frameworks that surround their use. If you’ve ever wondered, “Can I legally use this in my classroom without getting into trouble?” or “What’s the catch with free educational resources?” then you’re in the right place.

Let's break it down!

What Are Open Educational Resources (OER)?

Before we dive into the legal weeds, let’s first clarify what we mean by Open Educational Resources. OER refers to any type of educational materials that are freely available for educators and learners to use, modify, and share. These can include textbooks, lecture notes, assignments, tests, projects, audio, video, and more.

The key point here is that OER are designed to be open. This means they are not locked behind paywalls or restrictive licenses. Instead, they are shared with licenses that allow for more flexibility in their use, remixing, and redistribution.

The 5 R’s of OER

When discussing OER, you might come across the term "the 5 R's," which refer to the permissions that users have when dealing with Open Educational Resources:

1. Retain – The right to own and control copies of the content.
2. Reuse – The right to use the content in a wide range of ways (e.g., in a classroom, in a study group, on a website).
3. Revise – The right to adapt, adjust, modify, or alter the content itself (e.g., translate the content into another language).
4. Remix – The right to combine the original or revised content with other OER to create something new (e.g., incorporating content into a mashup).
5. Redistribute – The right to share copies of the original content, your revisions, or your remixes with others (e.g., post a copy online for others to download).

Sounds fantastic, right? But as with all things in life, it's not always that simple, and this is where legal concerns come into play.

The Legal Framework Around OER

Licensing: The Heart of the Matter

When it comes to the legal aspects of OER, licensing is the elephant in the room. Most OER materials are shared under some form of open license, with the most popular being Creative Commons (CC) licenses. These licenses are designed to give users flexibility while protecting the rights of the original creators.

But just because something is "open" doesn't mean it's a free-for-all. There are different types of Creative Commons licenses, and each has its own requirements and restrictions. If you're using OER in your classroom or creating your own, you’ll need to understand the nuances of these licenses.

The Types of Creative Commons Licenses

Creative Commons licenses come in several flavors. Here's a quick rundown of the most common ones:

1. CC BY (Attribution) – This license allows others to use, distribute, remix, and build upon the work, even for commercial purposes, as long as they credit the original creator.
2. CC BY-SA (Attribution-ShareAlike) – Similar to CC BY but with the catch that new creations based on the work must also be licensed under identical terms (i.e., ShareAlike).
3. CC BY-ND (Attribution-NoDerivs) – Allows redistribution, even for commercial purposes, as long as the work is passed along unchanged and in whole, with credit to the creator.
4. CC BY-NC (Attribution-NonCommercial) – Allows others to use, remix, and build upon the work non-commercially. While new works must also acknowledge the creator, they don’t have to be licensed on the same terms.
5. CC BY-NC-SA (Attribution-NonCommercial-ShareAlike) – Allows others to remix, tweak, and build upon the work non-commercially, as long as they credit the creator and license their new creations under the identical terms.
6. CC BY-NC-ND (Attribution-NonCommercial-NoDerivs) – The most restrictive of the six main licenses, it only allows others to download the works and share them with others, as long as they credit the creator. They can’t change them in any way or use them commercially.

Copyright and OER: What You Need to Know

Copyright is a crucial consideration when using OER. Even though OER are meant to be open, the original creator still retains the copyright unless they explicitly release it into the public domain or under a license like Creative Commons.

This means that educators and learners cannot assume they can do whatever they want with OER. It’s important to check the specific license attached to each resource to understand what is or isn’t allowed.

For example, some OER might allow you to use the material in your classroom but prohibit you from making commercial use of it (such as selling your own course that includes the material). Others might allow you to remix or modify the material, but only if you share your modified version under the same terms as the original.

Public Domain and OER

Some OER are released into the public domain, which means they are not protected by copyright and can be used by anyone for any purpose. Public domain resources offer the greatest flexibility, but they are less common than Creative Commons-licensed materials.

When a work is in the public domain, you can do anything you want with it — redistribute, remix, commercialize — no strings attached. However, it’s important to verify that a resource is truly in the public domain before assuming you have these rights.

Legal Pitfalls to Avoid When Using OER

While OER offers numerous advantages, there are some legal pitfalls to watch out for. Here are a few common issues educators and institutions should be aware of:

Misinterpreting Licenses

One of the most common mistakes educators make is misunderstanding the licensing terms of OER. For instance, you might assume that because something is freely available online, you can automatically use it however you want. But if the resource is licensed under a CC BY-ND license, you can’t modify it in any way, even though you can share it.

Always read and understand the license. When in doubt, consult legal experts within your institution or use resources like the Creative Commons website to clarify the terms.

Attribution Mistakes

Most Creative Commons licenses require you to credit the original creator of the resource, but not everyone gets attribution right. You can't just toss in a name and call it a day. Proper attribution requires you to follow specific guidelines, including naming the original creator, providing a link to the license, and indicating whether changes were made.

Failing to do this could technically result in a copyright infringement claim, even if you're using OER.

Mixing OER with Different Licenses

If you're remixing or combining multiple OER, be sure all the resources are compatible from a licensing perspective. For instance, if one resource is licensed under CC BY-NC and another under CC BY-SA, you may run into legal roadblocks when trying to redistribute your new creation because the licenses have conflicting terms.

Commercial Use of Non-Commercial Licensed OER

Another sticky issue is commercial use. If you’re using OER licensed under CC BY-NC, you cannot use that material for any commercial purpose. But what counts as commercial use? This can be a gray area. Generally, selling OER materials or charging for access to them would count as commercial use. But some cases are less clear, like using OER in a course for which students pay tuition.

When in doubt, it’s always safer to err on the side of caution or consult legal expertise.

Institutional Policies and OER

Many educational institutions are now developing their own policies and guidelines for using OER. This includes providing training for educators on how to find, use, and attribute OER correctly. Some institutions even have their own legal teams to help navigate the complexities of OER licensing and copyright.

If you’re working at an institution, it’s a good idea to familiarize yourself with its OER policy. This will not only help protect you from legal issues but also ensure that you’re making the most of the resources available to you.

Conclusion: The Legal Landscape of OER

At the end of the day, Open Educational Resources are a powerful tool for democratizing education and making learning more accessible. But, as with any tool, there are legal guidelines that need to be followed.

Understanding OER licenses — particularly Creative Commons licenses — is critical to using these resources legally and effectively. By following proper attribution practices, respecting the terms of each license, and being mindful of commercial use restrictions, educators can make the most of OER while staying on the right side of the law.

It’s also important to watch for institutional policies that can provide additional guidance. With a bit of care and attention to detail, you can harness the full potential of OER without any legal headaches.