Does open access prevent the use of third party copyrighted material?
Third-party material can be used in a book published under a Creative Commons licence subject to the content owner’s agreement, just as in a non-open access book. If you include third-party content, such as an image, in a work that has been licensed under a Creative Commons Attribution Licence (CC BY) the image is excluded from the licence that is applied to the work. All third-party content, including content which you have permission to use, must be clearly marked.
The following toolkit article(s) address(es) this question: