infoJustice

Author: Daniel Kiat Boon Seng

Abstract: International copyright instruments allow member states of WIPO to make various education-related limitations and exceptions to copyright. To better inform international policy-making in this area, it is instructive to examine how various member states have, in their national copyright legislation, enabled the use of works for education, given the nature and breadth of modern-day education. This paper categorises education-related limitations and exceptions in the legislation of member states into eight categories. Analysis of these categories reveals that the range of provisions in national legislation is quite varied, and there are considerable disparities between member states in their treatment of different categories of educational activities. Some provisions will need to be revisited in light of modern digital education and distance learning. In addition, despite a perceived lacuna in international conventions in the area of technological protection measures and rights management information, member states have enacted limitations and exceptions to the protection of technological protection measures and rights management information to avoid prejudice to legitimate access to works for educational purposes.

Citation: Seng, Daniel Kiat Boon, An Empirical Review of the Copyright Limitations and Exceptions for Educational Activities (January 1, 2021). An Empirical Review of the Copyright Limitations and Exceptions for Educational Activities in The Cambridge Handbook of Copyright Limitations and Exceptions (Shyamkrishna Balganesh, Ng-Loy Wee Loon, and Haochen Sun eds., 2021), Available at SSRN: https://ssrn.com/abstract=3918762