Missed Opportunity in UNESCO's Recommendation on OER?

Even though UNESCO adopted a recommendation on OER, American open educational resources advocate David Wiley backed away from his initial support and recently referred to the final version of the work as "eviscerated." In a post on his blog, "Iterating toward openness," Wiley said he was "losing sleep" over changes made between the time the original proposal appeared in May 2019 and the time members voted their approve in November.

The General Conference brings together all 193 Member States of the United Nations Educational, Scientific and Cultural Organization once every two years. UNESCO is responsible for coordinating the international community's actions to achieve Sustainable Development Goal 4 (SDG 4): "quality education for all." The OER recommendation was part of a broader set of recommendations on all aspects of UNESCO that was approved at the General Conference. These recommendations are intended to set international standards in all kinds of areas and push policy-making at the national level.

Wiley's concern: That the version of the OER recommendation adopted by UNESCO doesn't allow for users of that content to make copies.

As Wiley explained, the definition of OER included in the draft recommendation covered what he refers to as the "five Rs": the "free and perpetual permissions" to retain, reuse, revise, remix and redistribute content made available under open copyright licenses.

What's missing in the approved version of the recommendation is specifically "the right to create, own and control copies of the content." "Retain" has been downgraded to "access," he explained.

Does it make a difference? Wiley offered the example of Great Minds, which had contracts with New York State in 2012 to create OER K-12 curriculum materials. "Because the terms of the contract were underspecified, Great Minds was able to license the OER they produced with public funds under a CC license bearing the [non-commercial] condition," he explained. When educators attempted to make copies of the content at their local Office Depot and FedEx shops for distribution, Great Minds began suing.

So far, Great Minds has lost those lawsuits. However, that example hints at what could happen were a national or state government try to "operate an OER funding program under the framework of the OER Recommendation," Wiley predicted. "Some organization who won a bid would create a textbook and then license it with the following custom license: 'You are expressly prohibited from copying this resource in full or in part. You are expressly permitted to re-use, re-purpose, adapt and redistribute this resource in any manner that does not require you to first make a copy.'"

Along with that change, the approved recommendation has also eliminated any reference to an open license being "free and perpetual," Wiley pointed out.

"I have no idea what kind of opportunity there is to fix the Recommendation. Particularly now that it's been unanimously adopted by the member states. And it breaks my heart," Wiley concluded. "We've missed a huge opportunity here."

The complete explanation is openly available on Wiley's blog.

About the Author

Dian Schaffhauser is a former senior contributing editor for 1105 Media's education publications THE Journal, Campus Technology and Spaces4Learning.

Featured

  • Abstract neural network 3D illustration

    Intel® AI EmpowerED: The AI-Ready Campus, Delivered

    Artificial intelligence is transforming higher education, prompting institutions to rethink how they manage infrastructure, security, governance, and workforce readiness. Successful adoption requires a strategic, institution-wide approach that aligns AI initiatives with educational goals, faculty enablement, and scalable operational frameworks.

  • digital brain with network connections

    Microsoft Moving to Internally Developed AI Models in Office Apps

    Microsoft is reportedly using its own in-house artificial intelligence models to handle some workloads in Excel and Outlook, offering new evidence that the company is moving its AI strategy beyond model development and into large-scale cost reduction.

  • woman surrounded by virtual hologram icons

    Beyond AI Adoption: Designing Learning for an Age of Abundant Intelligence

    Higher education was designed for a world in which access to knowledge, expertise, feedback, mentorship, and authentic learning experiences were inherently scarce. By making many forms of intelligence increasingly abundant, AI is inherently redefining the existing paradigm.

  • scientist using digital interface

    Anthropic, NVIDIA Move AI Agents Deeper into Scientific Workflows

    Anthropic has introduced Claude Science, a new AI workbench for scientists that integrates research tools, produces auditable artifacts, and connects to specialized life sciences models and workflows from NVIDIA.