Interesting discussion. One other thought on the possible relationship between fair use and OER is that as more educators realize how limited and ambiguous fair use really is (many think it is a blanket exemption to use closed materials) the need and value of OERs becomes more evident. to use closed materials) the need and value of OERs becomes more evident.
I have been doing some awareness-building presentations about OER for K-12 educators. I decided to do this in part in response to some appalling experiences hearing educators misinterpreting copyright law and fair use and passing these misunderstandings on to students. The reception to these sessions has been very strong. Most teachers want to do the right thing, I think; they just don't understand what that is and what options, such as OER, exist.
I think that your idea of a drafting a “statement of best practices” in this area is a good one. Are you interested in putting together something like that, perhaps in a wiki where an interested group could collaborate on this?
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