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When considering open licences, it is useful to remember that these are legal tools that make use of existing copyright laws. In particular the exclusive right copyright law that allows a copyright holder to license material with the licence of their choice (Hofman & West, 2008). Liang (2004) notes that:


 * While phrases such as 'free software' and 'copyleft' conjure up an image of alternatives to copyright, it is relevant to note that it is not a model that abandons copyright. In fact quite the opposite, it relies on copyright law, but uses it creatively to articulate a positive, rather than a negative rights discourse (Liang, 2004, p. 24).

Open licences for content developed out of the success of the licensing approach being used for open source software. One of the earliest open licences for nonsoftware material was published in 1998 by David Wiley. This licence is no longer used, since newer alternatives are now more appropriate and adaptable to different conditions. In 2000, the Free Software Foundation released its first version of an open licence for non-software materials. Essentially this licence was to allow open-source software developers to produce open manuals and support materials, free of standard copyright restrictions. This licence is known as the GNU FDL (Free Documentation Licence). Although it was used by the popular site Wikipedia until recently (having been replaced by the Creative commons licence), this licence is not widely used within the OER movement partly because it is technically confusing and cumbersome in terms of procedural requirements (Liang, 2004). In some cases, authors also create their own copyright conditions, although this is noted to be legally challenging in many instances and so tends not to be recommended for OER materials (Hofman & West, 2008). Instead the focus has turned to the Creative Commons (CC) set of licence options. Since CC licences are most commonly used, they are described in greater detail in this paper.

A range of other open licences exist such as licences specifically for music and art. Given the focus of this paper on OER this review has not presented details of the full range of open licences. For a comparative analysis of a wide range of open licences please see Liang (2004).