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Open Educational Resources (OER)

Learn how to find and use OER materials in teaching and learning.

Copyright Considerations when Using Generative AI

Integrating generative AI into Open Educational Resources (OER) ethically and legally requires careful consideration of copyright compliance, transparency, and attribution while ensuring that human authorship remains central. Here’s how educators and instructional designers can balance these concerns:

1. Understand US Copyright Office Guidelines on AI-Generated Content

  • The US Copyright Office does not recognize AI-generated content as copyrightable unless there is substantial human creative input.
  • AI-assisted works may be copyrighted if the human author significantly contributes to selection, arrangement, or modification of AI-generated material.
  • Any AI-generated content in OER should be explicitly labeled, with clear delineation of human versus AI contributions.

2. Ensure Transparency and Attribution

  • Clearly disclose AI use in content creation to maintain academic integrity.
  • Example of attribution: “This textbook chapter was developed with assistance from AI tools (e.g., ChatGPT), with substantial human editing and verification by [author’s name].”
  • If AI-generated content is modified significantly, describe the nature of those modifications.

3. Align AI-Generated Content with Open Licensing Requirements

  • AI-generated content may not inherently qualify for copyright, meaning it could be in the public domain, depending on jurisdiction.
  • If using AI-generated materials, ensure they are compatible with the OER’s chosen open license (e.g., Creative Commons licenses).
  • When integrating AI-generated elements, avoid conflicting licenses (e.g., some AI platforms impose restrictions on use).

4. Protect and Highlight Human Authorship

  • Maintain human oversight in OER development to ensure quality, accuracy, and pedagogical value.
  • Prioritize human-driven instructional design, ensuring AI-generated content complements rather than replaces educator expertise.

5. Ethical Considerations in AI Use for OER

  • Verify AI-generated facts and citations to prevent misinformation.
  • Use AI tools responsibly to enhance accessibility, language adaptation, and personalized learning, rather than as a shortcut to bypass scholarly rigor.
  • Acknowledge potential AI biases and review content for inclusivity and cultural sensitivity.

6. Best Practices for Legal and Ethical AI Use in OER

  • Use AI tools with permissive licensing or those explicitly designed for OER creation.
  • Where possible, cite sources that AI references or provide original human-written summaries.
  • Regularly review AI policies and updates from the US Copyright Office, Creative Commons, and educational institutions to ensure ongoing compliance.

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