Sharing, modifying, and retaining are core concepts of Open Educational Resources (OER) thus OER not in the public domain require an open license such as Creative Commons.
Open Access and Fair Use retain copyright restrictions and do not meet the definition of OER; however, resources with these provisions could be affordable alternatives to traditional course materials.
Creative Commons (CC) licenses are one of the most commonly used open licenses. There are six types of CC licenses but only four meet OER standards. CC licenses with No Derivs (ND) do not allow for remixing or adaptation.
These four CC licenses meet the definition of OER.
Create an attribution for materials that you create or adapt. This task is made easy with the "Open Attribution Builder" tool.
License the Vol State teaching materials that you create with Attribution – Non Commercial – ShareAlike
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Works that are no longer under the protection of intellectual property laws are considered to be in the public domain. Anyone may use these works without obtaining permission.
SOURCE: "Welcome to the Public Domain" from Stanford Copyright and Fair Use
Open Access despite the name does not use an open license and copyright law restrictions may still apply .
Open Access does not allow for remix or adapting the work.
Open Access Publications
Fair Use, a provision of copyright law, allows for the unlicensed use of copyrighted works. Fair Use is not an open license. There are four fair use provisions to consider: purpose, nature, amount, and effect on the market.