Open education legal issues

The aim of this course is to ensure that students know key legal issues related to open education.

Students will develop the following competences:
To enable students to:
• understand the legal foundations of open education,
• acquire knowledge of copyright law in the educational context,
• understand the legal framework of Open Educational Resources (OER),
• become familiar with and apply open licensing models (Creative Commons),
- critically assess legal challenges related to digital and open education and copyright.

There are no prerequisites.

The course addresses the fundamental legal issues of open education, with a particular focus on copyright law, Open Educational Resources (OER), and open licensing. Students gain an understanding of the legal framework governing the creation, use, adaptation, and sharing of open educational materials in digital environments. Special emphasis is placed on open-access literature international policy documents, and contemporary challenges of digital education.
1. Foundations of Copyright in Education
Basic concepts of copyright, the copyrighted work and the author, moral and economic rights, as well as
limitations and exceptions in the educational context.
2. Public Domain and Open Licenses
The public domain as a legal framework for free use, the importance of open licensing, and the system and types of Creative Commons licenses.
3. Legal Aspects of Open Educational Resources (OER) and the 5R Rights
Legal definition of OER, the 5R rights (retain, reuse, revise, remix, redistribute), and the lawful use, creation,
adaptation, sharing, and redistribution of open educational materials in compliance with copyright and
open licenses.
4. Digital Environments and Contemporary Challenges of Copyright
Copyright in digital learning environments, open access literature, international policies, and current legal and ethical challenges of open education.

Upon completion of the elective course, the student will:
• understand and explain the basic concepts of intellectual property and copyright,
• analyze the legal aspects of using copyrighted works in education,
• explain the legal framework governing Open Educational Resources (OER),
• select and justify appropriate open licenses for educational content,
• assess the legal implications of sharing and reusing open educational materials,
• critically evaluate the impact of digital environments on copyright law in education

• Kline, D., Kappos, D. (2021), Introduction to Intellectual Property, chapter Copyright basics, OpenStax, Huston, Texas, 2021, book E-version
• Esteve, A. (2024), Copyright and Open Access to Scientific Publishing. IIC 55, 901–926. https://doi.org/10.1007/s40319-024-01479-z E-version
• Young, J. (2016), Chapter 2: Copyright, Public Domain, and Open Licenses. In Introduction to Open Educational Resources, E-version
• Creative Commons. (2017, June 5). Open Licensing and Open Education Licensing Policy. Creative Commons. E-version
• Green, C. (2017), Open Licensing and Open Education Licensing Policy. Creative Commons, E-version
• Ovčak Kos, M. (2015), Pogodbena svoboda v avtorskem pravu, GV Založba, Ljubljana 2015.
• Bently L., Sherman B. (2014): Intellectual Property Law, Oxford University Press.
• Open Educational Resources – Copyright (Wellington Institute of Technology LibGuide). E-version
• Priora, G., Carloni, G. (2023), Open Educational Resources through the European lens: Pedagogical opportunities and copyright constraints. Journal of Intellectual Property, Information Technology and E-Commerce Law, Vol. 14 No. 2 (2023): JIPITEC 14 (2) 2023, E-version
• Norris, M. E., Swartz, M., Kuhlmeier, V. A. (2022), The importance of copyright and shared norms for credit in Open Educational Resources. Frontiers in Education, DOI: 10.3389/feduc.2022.1069388 E-version
• Williams, K.,Werth, E. (2021), Student Selection of Content Licenses in OER-enabled Pedagogy: An Exploratory Study. Journal of Copyright in Education & Librarianship, 5(1). (https://doi.org/10.17161/jcel.v5i1.13881 E-version

• Assignements (20%) - Written exam (80%)

Dr. Maja Ovčak Kos is an Associate Professor of Civil and Commercial Law. In 2003, she graduated on the Faculty of Law at the University of Ljubljana. She received the Dr Slavko Zore Award for her graduation thesis. In 2008, she completed a research-oriented Master's degree in Civil and Commercial Law at the Faculty of Law, University of Ljubljana. In 2013, she obtained her PhD from the same faculty with a doctoral dissertation entitled Contractual Freedom and Its Limitations in Copyright Law.
Between 2003 and 2017, she undertook several periods of further professional training and academic study abroad in the fields of European civil law, intellectual property law, and alternative dispute resolution. She is an Associate Professor of Civil and Commercial Law and the author of numerous professional legal studies, including Analysis of Key Decisions of Slovenian Courts Concerning the Enforcement of Intellectual Property Rights (Slovenian Intellectual Property Office) and Consumer Market Study on the Functioning of Real Estate Services for Consumers in the European Union (European Commission and the University of Bremen, Faculty of Law), among others.
Since 2017, she has also been practising as an attorney, with a primary focus on intellectual property law, civil law (including tort law, media law, and related areas), and commercial law. In March 2017, the Bar Association of Slovenia awarded her the title of Specialist Attorney in Civil and Commercial Law.
She has more than 15 years of professional experience in the judiciary, particularly at the Higher Court in Ljubljana and the Supreme Court of the Republic of Slovenia. She is also an experienced mediator in court-annexed mediation programmes and a trainer involved in the education and training of new mediators.