View source for I have always used materials from the WWW without any problems, under the auspices of fair-use. Why should I use OER instead?

The doctrine of fair use is applied by courts as a balancing test, which means that it’s very difficult to predict how a court will come out on a fair-use claim. While educational use of copyrighted work represents a fairly well established use, by engaging OER a user can use the work with complete certainty that they are not using the work illegally.

Also, fair use (or copyright exceptions and limitations) is not protected worldwide, which limits its utility for materials that might otherwise be used in other countries. Finally, fair use only applies to use of existing works; you do not have the right to adapt or derive those works under the auspices of fair use and then share those derivatives with your colleagues. By using OER, you open up all manner of additional possibilities for sharing your insights and ideas and making your work have an impact far greater than would otherwise be possible.

{{CcLearn FAQ
|Question=I have always used materials from the WWW without any problems, under the auspices of fair-use. Why should I use OER instead?
|Document=Open Educational Resources and Creative Commons Licensing
|Target audience=instructors, OER creators
|Tag=OER, fair use, derivatives
}}