Open Content Licencing (OCL) for Open Educational Resources

Fitzgerald, Brian F. (2005) Open Content Licencing (OCL) for Open Educational Resources. In OECD Expert Meeting on Open Educational Resources, 6 and 7 February 2006, Malmo, Sweden. (Unpublished)


The Internet and associated digital technologies provide us with an enormous potential to access and build information and knowledge networks. Information and knowledge can be communicated in an instant across the globe, cheaply and with good quality, by even the most basic Internet user. In short, recent developments in digital technology have opened up a vast new landscape for knowledge management.

However copyright law which takes definition from international conventions and is similar in most countries provides that you cannot reproduce or communicate copyright material (literary, dramatic, musical and artistic works, films and sound recordings) without the permission of the copyright owner subject to exceptions for fair use/dealing, private use and educational use. Private use and educational use exceptions are usually subject to the payment of a statutory levy, royalty or licence fee.

Therefore while the technology has the capacity, the legal restrictions on the reuse of copyright material, hampers its negotiability in the digital environment. Copyright owners are not obliged to give permission to allow others to reuse their material even with payment of fair compensation unless they are compelled to do so by the law. There are some compulsory licences – for example I can make a recording of any song pursuant to a compulsory licence - but they are not widespread. Going through the process of obtaining permission to reuse copyright material can also be very time consuming and expensive.

Impact and interest:

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1,052 since deposited on 27 Feb 2006
35 in the past twelve months

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ID Code: 3621
Item Type: Conference Paper
Refereed: No
Additional URLs:
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2005 (please consult author)
Deposited On: 27 Feb 2006 00:00
Last Modified: 09 Jun 2010 12:30

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