This paper seeks to provide an overview of the problem posed by the incorporation of IC into otherwise open educational resources. This paper also describes a number of approaches to resolving this issue, including the reliance on jurisdictional copyright exceptions and limitations, and explores the trade-offs involved in adopting any one of these approaches. It is important to note that we do not know the extent to which the inability to (easily and legally) incorporate IC acts as a barrier to the creation, dissemination and use of OER, or even the extent to which members of the OER community understand and appreciate the legal and practical complexities presented by this issue. Regardless of perception and understanding of these issues, however, the potential risks associated with the use of IC are real, and anecdotal evidence suggests that this risk is having a chilling effect on the creation and use of OER. For these reasons, this paper also suggests areas for empirical research into these issues.