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7/14/2011 1 Sharing sustainable learning and teaching resources Suzanne Hardy Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine University of Newcastle

Teaching Skills Workshop Newcastle July 2011

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Sharing sustainable learning and

teaching resources

Suzanne Hardy

Higher Education Academy SubjectCentre for Medicine, Dentistry and

Veterinary Medicine

University of Newcastle

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Learning outcomes

� Be able to confidently use resources such as images andresources from the internet and el sewhere, attributing content

creators (copyright owners), when creating teaching and

learning resources

� Understand the difference between copyright ownership and

licencing and how to use resources shared under licence

� Be able to clearly indic ate the copyright status of any works you

have created using an appropriate Creative Commons licence

� Be aware of how to deal with consent issues in using patient

data in learning and teaching resources

� Exemplify best practice in digital professionalismand manage

risks when creating sustainable teaching resources

Icebreaker

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Background£5.7+£4=£9.7 millions

(and another £4 millions)

"digitised materials offered

freely and openly for educators,

students and self-learners to

use and reuse for teaching,

learning and research

Hylén, Jan (2007). Giving Knowledge for Free: The

Emergence of Open Educational Resources. Paris,

France: OECD Publishing. p. 30

Sharing openly is good

50%www.medev.ac.uk/ourwork/oer/value/

� Public money

� Transparency and accountability

� Equality of access

� Increased utility

� Increased applications & better retention

� Students do use OER and it does save

timehttp://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/it-

turns-out-that-oer-does-save-time-and-students-do-use-them/

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One of the benefits of being explicitly open is

that it removes the need for people to ask 

before re-using stuff. Without it, everythingboils down to am I allowed to do this? type

question and many forms of re-use will stop at 

that hurdle because the costs of getting the

answer are too great 

Andy Powell comment on David Wileys blog

http://opencontent.org/blog/archives/1735

Resource/Website/RepositoryResource/Website/Repository

Metadata/RepositoryMetadata/Repository

News/RSSNews/RSS

© Suzanne Hardy

OER

openeducationalresources.pbworks.com/

www.elearningreadiness.org/

stemoer.pbworks.com/w/page/6799480/User-Guide-to-OER

www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=415115&c=1

blogs.unbc.ca/open/2011/02/03/finding-and-using-open-educational-resources/

www.medev.ac.uk/ourwork/oer/

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PERSONAL EXPERIENCES OF 

CURRENT PRACTICE

Do you share?

IPR& COPYRIGHT ISSUES

Open Educational Resources

Intellectual property rights (IPR)� There are four main types of IP rights ± Patentsprotect what makes things work (e.g. engine parts,

chemical formulas)

 ± Tr ade mark s are signs (like words and logos) thatdistinguish goods and services in the marketplace

 ± Designs protect the appearance of a product/logo,from the shape of an aeroplane to a fashion item

 ± Copyright is an automatic right which appl ies whenthework is expressed(fixed,writtenor recorded)� Copyright, Design and Patents Act, 1988

� Copyright arises automatically when an original idea (author usessome judgment or skill) is expressed/created ± www.ipo.gov.uk

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Who owns copyright?

�The owner of the copyright is the person (or persons, if  jointly owned) who c r eated/expr essed it, i.e. theauthor (writer, composer, artist, producer, publisher, etc.) ± Original literary works such as novels or poems

 ± Original dramatic works such as dance

 ± Original musical works, i.e. the musical notes

 ± Original artistic works such as graphic works (paintings,drawings etc.), photographs and sculptures, including soundrecordings, films and broadcasts

 ± Typographical arrangements of published editions

� An exception is an employee who creates a work in thecourse of their employment (employer owns)

� www.cla.co.uk

What rights does a copyright owner

have?

� A copyright owner has economi c  and mor al rights

� Economic rights cover copyright owner acts, includingrights to copy the work, distribute (e.g. making it availableon-line), rent, lend, perform, show, or adapt it

� Owners can waive, assign, li c enc e or sell the ownership of their economic rights

� Moral rights can be waived (but n ot licensed or assigned)

and include the right to ± Be identified as the author

 ± Deny a work (that an author did not create)

 ± Object to derogatory treatment of the work� www.cla.co.uk

Copyright infringement� It is an infringement of copyright (in relation to a

substantial part of a work) without the per missi on orauthorisation of the copyright owner, to ± Copy it and/or issue copies of it to the public

 ± Rent or lend it to the public

 ± Perform or show it in public

 ± Communicate it to the public

� Secondary infringement may occur if someone,without permission, imports, possesses or deals withan infringing copy , or provides the means for making it

� Material found on the internet is subject to copyright� www.cla.co.uk

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Exceptions

� You may copy copyright work s if  ± Copyright has expi r ed (e.g. for literary, dramatic,musical or artistic works = 70 years from when the lastauthor dies)

 ± Your use of the work (which must be acknowledged) is f ai r dealing as defined under the 1988 CopyrightDesigns and Patents Act (UK)

 ± Your use of the work is covered under a li c ensingscheme that you and the copyright holder havesubscribed to

 ± The copyright owner has given you per missi on� www.copyrightservice.co.uk

Obtaining clearance to use copyright

material� For per missi on to copy, contact the copyright owner in

writing and specify ± The material you wish use (title, author name etc.)

 ± The exact content to be duplicated (i.e. page numbers)

 ± The number of copies you wish to make

 ± How the copies will be used (i.e. for an event, course work)

 ± Who the copies will be distributed to (i.e. students)

� For most published works this will be the publisher

� Permission is needed for each and every purpose

� Fees may be charged to copy the item, or for administeringthe request to copy the item

� www.cla.co.uk

Fair dealing� Your use of the work (which must be acknowledged) is

 f ai r dealing as defined under the 1988 CopyrightDesigns and Patents Act (UK) ± Research and private study

 ± Instruction or examination

 ± Criticism or review

 ± News reporting

 ± Incidental inclusion

 ± Accessibility for someone with, e.g. a visual impairment

� There is no simple formula or % that can be applied instead use li c enc ed materials, or ask for per missi on

� www.copyrightservice.co.uk

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Using licenced works

� A li c enc e (a set of rules) describes how copyright itemsmay be used by others

� Licensing schemes (such as Creative Commons) thatboth authors (owners) and users can access for free ± If both sides observe the rules then both pa rties are

instantly protected

 ± Owners licence others to use their content

 ± Users obey the terms of the licence

 ± Creative Commons provides different licences that can becombined together

 ± Policies can be developed to guide owners what licences touse

©

INTRODUCTION TO OPEN LICENSING 

AND CREATIVE COMMONS

Open Educational Resources

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http://creativecommons.org/

C reative C ommons:creativecommons.org/about/licenses/ 

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FINDING OPENLY LICENSED 

RESOURCES ONLINE

Open Educational Resources

www.nottingham.ac.uk/xpert/

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www.google.co.uk/

www.jorum.ac.uk

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USING ATTRIBUTION TOOLS TO 

ACKNOWLEDGE CREATORS

Open Educational Resources

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www.nottingham.ac.uk/xpert/attribution/

Attribution tools

http://openattribute.com/

Drop down gives HTML or plain text options to copy into your resource

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Reflection

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RECORDINGS OF PEOPLE (ESPECIALLY 

PATIENTS AND THEIR FAMILIES,

HEALTHCARE WORKERS, ACTORS,

STUDENTS, ETC.) IN LEARNING 

MATERIALS 

Open Educational Resources

Consent as distinct from IPR

� Defined by the 8 principles in the Data Protection Act1998 (and Human Rights Act 1998)

� Recognises the need for more sophisticated managementof consent for recordings of people (still s, videos, audios,etc.) ± Teachers (academics, clinicians, practice/work based learning

tutors, etc.)

 ± Students and product placement (branded items)

 ± Role players/actors/performers/hired help (including recordingcrew)

 ± Patients/patient families/care workers/support staff/membersof public in healthcare settings (sensitive personal data)

 ± GMC guidelines for consent/patient recordings

Considerations

� People

� Patients (children and vulnerable adults)

� Dead people/patients (children and

vulnerable adults)

� Existing recordings (already exist)

� New recordings (that you are planning to

make)

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Clinical setting Academic setting

� Doctor collectsconsent

� Recordings taken

� Consent for

recordings stored with

patient record

� Clear guidance

available

� Recordingsincorporated into

educational event

�Uploaded to VLE

�No evidence of 

consent

�No access to patient

record

� Location of risk

unclear

We all want to do the right thing!

Consent for use in teaching

� Patient or non-patient participation in the

development of teaching materials is not in

their best interests

� If it can be copied digitally then you have to

assume that it is open

� There is no such thing as anonymisingpatient or other information

The Data Protection Act (1998)

� Schedule 1 states:

� "1 Personal data shall be processed fairly and lawfully and, in particular, shall not be

 processed unless -

� (a) at least one of the conditions in Schedule 2is met, and 

� (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is alsomet." 

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The Data Protection Act (1998)

� Schedule 2 states (paraphrased in [], emphasis added)� "C onditions relevant for purposes of the first principle: processing of any 

 personal data

� 1 The data subject has given his consent to the processing.

� 2 The processing is necessary - [for any of the above (schedule 2) plus the

 purpose of performing any right or obligation which is conferred or imposed by 

law on the data controller in connection with employment; in order to protect 

the vital interests of the data subject including where consent has been

unreasonably with held, or another person in a case where consent cannot be

be given or the data controller cannot reas onably be expected t o obtain the

consent; processing is carried out by a body or association which is not 

established or conducted for profit and exists for political, philosophical,

religious or trade-union purposes, safeguards the rights and freedoms of data

subjects and is not disclosed to third parties without consent.] 

The Data Protection Act (1998)

� Schedule 3 states (paraphrased in [], emphasis added)� "C onditions relevant for purposes of the first principle: processing of any 

sensitive personal data

� 1 The data subject has given his expli c it consent to the processing.

� 2 The processing is necessary -[for the purpose of entering a into contract;

compliance with some legal obligation; to protect the vital interests of the

data subject; for the administration of justice; for the exercise of any 

 function of: houses of parliament, conferred on any person or under any 

enactment,C rown, a Minister of the C rown or government department,exercised in the public interest of any person; for the purposes of legitimate

interests by the data controller except where prejudice the legitimate

interests of the data subject; the Secretary of State has specified particular 

circumstances.] 

GMC guidance

� Making and using visual and audio recordings

of patients 2001

 ± Referred to clinical care and research, did not refer

to teaching

� Making and using visual and audio recordings

of patients 2011

 ± Does refer to teaching

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GMC principles

When making or using recordings you must respect patientspr ivacy and dignity, and theirright to make or participate in decisions that affect them. This mea ns that you must:

�give patients the information they want, or need, about the purpose of the record ing

�make recordings only where you have appropriate consent or other valid authority fordoing so

�ensure that patients are under no pressure to give their consent for the r ecording to bemade

�where practicable, stop the recording if the patient asks you to, or if it is having an adverseeffect on the consultation or treatment

�anonymise or code recordings before using or disclosing them for a secondary purpo se, if this is practicable and will serve the purpose

�disclose or use recordings from which patients may be identifiable only with consent orother valid authority for doing so

�make appropriate secure arrangements for storing recordings

�be familiar with, and follow, the law and local guidance and procedures that apply whereyou work.

GMC principles

� And you must not:

 ±make, or participate in making, recordings against

a patients wishes, or where a recording may

cause the patient harm

 ± disclose or use recordings for purposes outside

the scope of the or iginal consent without

obtaining further consent (except in the

circumstances set out in paragraphs 10 and 15-

17).

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GMC states

� Consent to make the recordings listed below will

be implicit in the consent given to theinvestigation or treatment, and does not need tobe obtained separately.

 ± Images of internal organs or structures

 ± Images of pathology slides

 ± Laparoscopic and endoscopic images

 ± Recordings of organ functions

 ± Ultrasound images

 ± X-rays

NHS states

� Patients are any person or people currently i n receipt of healthcaretreatment, or who has/have been in receipt of healthcare treatment.

� Children and vulnerable adults may or may not be in healthcare treatmentbut should always be considered under the 'sensitive' part of the DataProtection Act 1998.

� The NHS guidelines recommend at least three or possibly four (Scotland)levels of consent, ranging from none to 'publication' NHS level III consent.

� " Many NHS Trusts have patient consent forms which specifically designate'level III consent' (public access including the internet). If this applies, thenOpen Access in the sense of sharing materials publicly clearly would fall within this permission.

 ± Level I consent is for use within the patient record only.

 ± Level II consent is for teaching and learning but with restricted access only.

 ± Level III consent is usually for open access and in the public domain."

Issues

� Where to store copies of consent?

� Withdrawing consent?

� How to find properly consented materials?

� What is the advice in relation to lecture

capture?

� How do you stop someone else ripping you off 

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Proposing a ³Consent Commons´

� A human subject version of Creative Commons

� Accepts a basic human right to refuse theirimage/voice appearing and, where they havepreviously consented, their right to withdraw theirconsent

� Would work like Creative Commons in that youhallmark material with the consent status and whenconsent needs to be reviewed (if ever)

� Has levels of release (e.g. Closed; µmedic restrict¶;review [date]; fully open)

� Terms of the consent needs to be stored with/near theresource

www.medev.ac.uk

consentcommons

Consent Commons ameliorates uncertainty about

the status of educational resources depicting

people, and protects institutions from legal risk by

developing robust and sophisticated policies and

promoting best practice in managing information.

Consent everything-even where ownership and

patient/non-patient rights appear clear, and

store consent with resource

Engendering trust

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RISK ASSESSMENT TOOLKITS AND 

'DIGITAL PROFESSIONALISM'

Open Educational Resources

www.medev.ac.uk/ourwork/oer

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www.web2rights.com/OERIPRSupport/risk-management-calculator/

www.web2rights.com/OERIPRSupport/diagnostics.html/

http://medicalimages.pbworks.com/

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� Information/resources increasingly easy to find

� Blurring of personal and professional identities online

� Increasing need to manage issues of disclosure

� Changing public expectations

� Misunderstandings of digital spaces� Consequence

� Permanence

� Lack of understanding of ownership

and licencing in online environments

Digital professionalism in the

curriculum?

� Digital professionalism: how we present andmanage presence in the digital environmentand how that presence relates toprofessionalism in the curriculum

� Professionalism in Tomorrows Doctors:www.gmc-uk.org/education/undergraduate/professional_behaviour.asp

� No reference to professionalism online:implicit? explicit in your curriculum? Hidden?

� Are there any differences?

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Digital literacy

digital literacy defines those capabilities

which fit an individual for living, learning and

working in a digital society

Joint Information Systems Committee (JISC), 2011

  most learners are

still strongly led by 

tutors and course

 practices: tutor skills

and confidence with

technology are

therefore critical to

learners' 

development 

Beetham et al, 2009

Digital professionalism:embodiment?

Academic practice:enactment?

Information literacy:competence?

Digital literacy:awareness?

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TOWARDS A DIGITAL 

PROFESSIONALISM: 7 PRINCIPLES

Rachel Ellaway(2010)

Principle #1: establish and sustain

an on online professional presence

that befits your responsibilities

while representing your interests.

Be selective in which channels and

places you establish a profile.

Principle #2: use privacy controls to manage more

 personal parts of your online profile and do not 

make public anything that you would not be

comfortable defending as professionally 

appropriate in a court of law 

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Principle #3: think carefully and critically

about how what you say or do will be

perceived by others and act with

appropriate restraint

Principle #4: think carefully & critically

about how what you say or do reflects

on others (individuals & organisations)

and act with appropriate restraint

Principle #5: think carefully and critically

about how what you say or do will be

perceived in years to come; consider every

action online as permanent

By Michael Deschenes (Own work) [Public 

domain], via Wikimedia Commons

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Principle #6: be aware of the potential for attack or

impersonation, know how to protect your online

reputation and what steps to take when it is under

threatEllaway, 2010

Principle #7: an online community is still a

community and you are still a professional

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 ± An unconference: By teachers, for teachers

 ± Focussed on sharing ideas: Practical, helpful,inspiring

 ± Everyone participates

 ± Everyone learns

 ± 2- or 7-minute presentations

 ± Anyone can speak

 ± No obligation to pay attention

With thanks to Isla Kuhn, @ Cambridge for these slides

� Quick and cheap

oTo attend

oand to organise

 ±Share ideas

oWhat worked? What didnt?

 ±Opportunity to present ±Networking

With thanks to Isla Kuhn, @ Cambridge for these slides

LibTeachMeets have happened

in:

� Cambridge (27.09.10,

29.03.11)

� Huddersfield (09.02.11)

� Newcastle (04.05.11)

� Brighton (25.05.11)

� Liverpool (26.05.11)

� Leicester (14.06.11)

� London (20.06.11)

LibTeachMeets are coming up

in:

 ± Stirling & Inverness

(20.07.11)

 ± Bedfordshire (21.07.11)

 ± Sheffield (10.11.11)

 ± Oxford (tbc)

google teachmeet calendar: http://tinyurl.com/tm-google-calendar 

With thanks to Isla Kuhn, @ Cambridge for these slides

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TeachMeet grow your own

People, venue, date / time, web presence, funding, cake!

With thanks to Isla Kuhn, @ Cambridge for these slides

http://plcmcl2-things.blogspot.com/

http://23thingswarwick.blogspot.com/p/programme-outline.html/

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Attribution and disclaimer

� This file is made available under a Creative Commons

attribution share alike licence� To attribute author/s please include the phrase cc: by-sa

Suzanne Hardy, July 2011,

http://www.medev.ac.uk/ourwork/oer/

� Users are free to link to, reuse and remix this material under

the terms of the licence which stipulates that any derivatives

must bear the same terms. Anyone with any concerns about

the way in which any material appearing here has been linked

to, used or remixed from elsewhere, please contact the

author who will make reasonable endeavour to take down the

original files within 10 working days.

www.medev.ac.uk

SHARING RESOURCES BETWEEN ACADEMIA AND THE NHS

Open Educational Resources

Pathways for Open Resource Sharingthrough Convergence in HealthcareEducation (PORSCHE)

Seamless access to academic andclinical elearning resources

contact: [email protected]/ourwork/oer/#porscheoer #ukoer #medev

cc:by Tony the Misfit

http://www.flickr.com/photos/tonythemisfit/2580913560/

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www.jorum.ac.uk

www.elearningrepository.nhs.uk/

3NHS/HEI

� NHSNet/N3

� Athens

� Limited access

� JANET

� Shibboleth/JISC FAM

� Unlimited access

AccreditedClinical Teaching Open

Resources (ACTOR)Partners:

University of Bristol, University of Cambridge,

Hull York Medical School, Newcastle University,

Peninsula College of Medicine and Dentistry.

Contact: [email protected]

#ukoer #actor #medev

www.medev.ac.uk/oer/

cc:by-nc By Maxi Walton

http://www.flickr.com/photos/maxiwalton/898138774/

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Learning outcomes

� Be able to confidently use resources such as images and

resources from the internet and el sewhere, attributing content

creators (copyright owners), when creating teaching and

learning resources

� Understand the difference between copyright ownership and

licencing and how to use resources shared under licence

� Be able to clearly indic ate the copyright status of any works you

have created using an appropriate Creative Commons licence

� Be aware of how to deal with consent issues in using patient

data in learning and teaching resources

� Exemplify best practice in digital professionalismand manage

risks when creating sustainable teaching resources

Mitigating risk by adopting good practice

to save time and money

OER is irrelevant

(but a nice by-product )

www.medev.ac.uk/oer/

[email protected]

twitter.com/glittrgirl

twitter.com/hea_medev

www.medev.ac.uk/blog/oer -phase-2-blog/

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References� Beetham,H.,L. McGill,et al. (2009). Thrivingin the 21st century: LearningLiteracies for the Digital Age.

Glasgow,Glasgow CaledonianUniversity/JISC. Online at

http://www.jisc.ac.uk/media/documents/projects/llidareportjune2009.pdf 

� Chretien,K. C., S. R. Greysen,et al. (2009). "Online Postingof Unprofessional Content by Medical

Students." JAMA 302(12): pp1309-1315.

� Ellaway, R. (2010). "eMedical Teacher # 38: Digital Professionalis m." Medical Teacher 32(8): pp705707.

� Farnan,J. M., J. A. M. Paro,et al. (2009). "The RelationshipStatus of Digital Media andProfessionalism: Its

Complicated" Academic Medicine 84(11): pp1479-1481.

� Ferdig,R. E., K. Dawson,et al. (2008). "Medical students andresidents use of online social networking

tools: Implications for teachingprofessionalism in medical education." First Monday 13(9). Online at

http://www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2161/2026

� Thompson,L. A., K. Dawson,et al. (2008). "The Intersectionof Online Social NetworkingwithMedical

Professionalism." J GenI nternMed 23(7): p954-957.

� Mostaghimi,A., Crotty,B.H.,Professionalism inthe digital ageAnnals of I nternal Medicine 19 Apr

2011;154(8):560-562.

� The Higher Education Academy OER pages:

www.heacademy.ac.uk/ourwork/teachingandlearning/oer/

� The JISC OER pages: www.jisc.ac.uk/oer

� The OER InfoKitfrom JISC InfoNet:

openeducationalresources.pbworks.com

� The OER Synthesis and Evaluation Report:

www.caledonianacademy.net/spaces/oer/

� The JISC Legal IPR Toolkit:

www.web2rights.com/OERIPRSupport/index.html

References

� http://www.nottingham.ac.uk/xpert/attribution/

� http://ocw.mit.edu/index.htm

� http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit

� http://www.creativecommons.org

� http://wylio.com/

� http://openattribute.com

References

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URLs

� www.medev.ac.uk/ourwork/oer

� www.nottingham.ac.uk/xpert/� http://creativecommons.org/

� www.jorum.ac.uk/

� www.flickr.com/search/advanced/

� www.google.com/advanced_image_search/

� www.nottingham.ac.uk/xerte/

� www.glomaker.org/

� http://openlearn.open.ac.uk/