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The copyright has expired (i.e. 70 years after death of the author, etc.)
It was created by the U.S. federal government
It's not fixed in a tangible form of expression
It’s not original work
When creators or authors decide to put their work in the public domain they can choose an open license that allows everybody to use their work for free. There are six different open licenses creators can choose for people to retain, reuse, revise, remix and redistribute their works.
Not all free resources are OER. Not all the materials free and accessible to you are actually open and accessible to everybody else. For example, people that have access to university library materials can read those materials for free, but those materials are not free for people not affiliated to the university. Therefore those are not necessarily OER.