Open Ed 2009 CEL survey notes

Note: "fair use" is being used here as short-hand for "copyright exceptions and limitations", which captures all aspects of international limitations and exceptions to copyright.

• Seems like we could use more information regarding how and why fair use can be used for publishing OER.
• What are the main concerns in applying fair use? Which factor, if violated, will cause the most trouble?
• Institutions often shy away from making fair use claims, and seem unwilling to protect or challenge claims. How can we encourage them to do so? Why should they? What is the institutional role?
• What level of assurance is necessary so that a downstream user can use the resource with confidence? Is it all really just a matter of opinion?
• Given that copyright clearance centers manage the fees and other issues around the use of copyrighted resources, why should we bother with fair use? Who would benefit, and what would that take?
• Does latitude for fair use differ depending on who the copyright holder is?
• Do people use fair use less than they could? Why might we want to (or not) encourage greater use?
• What are the risks in elevating awareness of and care towards application of fair use to OER?
• Can we identify common practices that people already do which depend on fair use, even if the practitioners didn't necessarily think about it. E.g., uploading presentations to Slideshare, or reposting excerpts of things on a blog, etc.