The Code establishes principles by which copyrighted materials could be inserted in open educational resources in accordance with Fair Use. These best practices can help faculty make use of learning materials (referred to as "inserts") that are under copyright in specific situations where the copyrighted material is the best pedagogical tool available.
While developing your OER course, you may be within your rights to directly include copyrighted inserts in the following circumstances:
Using inserts as objects of criticism and commentary
Including inserts for the purposes of illustration
Incorporating content as learning resources material
Repurposing pedagogical content from existing educational materials
There are considerations for each of these principles, including that proper attribution is given and that only the portion of the material that is quantitatively and qualitatively necessary for instruction be included.
For more information on how to apply Fair Use when creating an OER course, read the Code of Best Practices.