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32 bytes removed, 13:27, 24 September 2014
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=== Introduction ===
As an introductory note, according to the OECD latest survey entitled “Open Educational Resources: Analysis of Responses to the OECD Country Questionnaire”, respondents for Spain estimated that 90% of all publicly produced or financed learning materials were available in a digital format [3]. It also states that OER activities in Spain were mostly created for young children (ISCED sectors 1 to 3). However, the panorama is more diverse. An analysis of the OpenCourseWare consortium partners, one of the most widespread Open education initiatives in Higher Education, reveals that in relation to EU27 member States there is a strong presence of Spanish universities, followed respectively by the UK and France. In relation to the results of this survey results, it should be noted that the report does not clarify whether there was a shared understanding and common definition of what stood as OER initiatives among the civil servants targeted by the above mentioned survey.
This is a common issue in the Spanish context. Though there is a wide range of initiatives, there is no common understanding of the nature of open and/or free licenses which leads to a confusion of Open Access initiatives with OER. This is partly due to the lack of leadership at policy level. Despite the number of initiatives at different educational levels and across the different autonomous communities, there is currently no legislation that covers this area or provides a common definition.
 An illustration of the degree of confusion can be seen by looking at the results of a search of the Directory of Open Access Journals (DOAJ) using the category “Spain”. DOAJ is a directory of Open Access Journals that aims to increase the visibility and ease of use of open access scientific and scholarly journals thereby promoting their increased usage and impact. According to their definition, Open Access journals refer to journals that use a funding model that does not charge readers or their institutions for access. The BOAI definition of "open access" refers to the right of users to "read, download, copy, distribute, print, search, or link to the full texts of these articles" as mandatory for a journal to be included in the directory. However, DOAJ also listed repositories of digitized contents put at disposition by public institutions and Higher Education universities. The search identified 78 Open Access initiatives in Spain: List of 78 OA initiatives identified . 
Starting out from the idea that OER are defined as content released under an open or free license, these initiatives can be divided into:
 • Open Access initiatives which basically make content available online but retain all authors rights under strict copyright policies (e.g. most of the digitized contents repositories offered by public institutions fall into this category) • Mixed OA and OER, which are the ones that enable either the use of copyright, either the use of Creative Commons licenses (generally BY-No Commercial – No derivative) and which generally relate to Phd, thesis and academic repositories piloted by Higher Education organizations • OER initiatives using only Creative Commons licenses which are divided between the ones that promote open licenses (BY-No Commercial – No derivative) and the ones that strictly promote free licenses (for instance CC BY-Share Alike or GPL- Gnu Public Licenses).
In general, information regarding authors rights was available either in a specific section on the home page, either in the “legal disclaimer” or in the “frequently Asked Questions” section. It should be noted that many of the reviewed initiatives did not state their Authors Rights policies clearly and were therefore categorized as “unclear” initiatives. In the sample, 19 initiatives used strict copyright, 20 had unclear policies, 28 offered the possibility to license either under strict copyright using either an open or free Creative Commons licenses, 10 allowed Creative Commons licenses and only one initiative had its contents released under the GPL free license. As a result among the 78 OA identified initiatives, just under half (39 initiatives) could be also labeled as OER.
 Finally, it is interesting to see that most of those initiatives used online platforms based on free software (mostly Dspace and Moodle) and many of them also mentioned the use of open standards such as metadata for categorizing contents and easing their discoverability and retrieval.
=== International/national OER initiatives ===