Xalabarder (2009)

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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Xalabarder (2009)
Title: Study on copyright limitations and exceptions for educational activities in North America, Europe, Caucasus. Central Asia and Israel.
Author(s): Xalabarder, R
Year: 2009
Citation: Xalabarder, R. (2009). Study on copyright limitations and exceptions for educational activities in North America, Europe, Caucasus. Central Asia and Israel.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The report studies the copyright and related rights exceptions and limitations for educational activities provided for in 57 national legislations
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
  • Not stated
Funder(s):
  • World Intellectual Property Organization

Abstract

The present Study intends to present the “state of the art” regarding the copyright and related rights exceptions and limitations for educational activities provided for in national legislation, as well as any other relevant provisions in international treaties. The Study is of a descriptive nature and does not attempt to offer any recommendations or prescriptions for action by policy makers at international, regional or national level. Nonetheless, the Study does identify policy issues related to, or affecting, copyright and related rights that public authorities, including Governments of WIPO Member States, may be called upon to address at some point in the future, including distance education and the trans-frontier aspects thereof. The scope of the Study includes 57 countries of Europe and North America.

Main Results of the Study

  • Both the Berne Convention and the Copyright Directive provide for flexible and technology neutral exceptions for teaching purposes, which may exempt any use done as part of the instruction, as well as teaching anthologies, in any formats (analog or digital), thus clearly intended to cover face-to-face, distance and on–line teaching. However, most national legislators fail to fully take advantage of such opportunity
  • Complex provisions that are not always fit to cover digital means and online teaching, and in some cases fall short of satisfying the full needs of face–to–face education. Licensing (voluntary licensing) becomes, thus, necessary to clear, at least, some teaching uses.
  • Education is severely constrained in a world where copyright owners have a right to unilaterally set the conditions (price and terms) for their works to be used for teaching purposes and even refuse permission for a work to be used for teaching. Lacking any counterbalance (i.e., and exception or limitation), authors are ultimately granted the power to control what is taught
  • It is true that licensing systems are steadily developing and that technology may eventually allow the granting of individual licenses for every specific use of a work. However, exclusive rights granted to authors are not unlimited and that education and culture deserve to act as a limitation to these exclusive rights, also in digital contexts

Policy Implications as Stated By Author

  • The study is of a descriptive nature and does not attempt to offer any recommendations or prescriptions for action by policy makers at international, regional or national level. Nonetheless, the Study does identify policy issues related to, or affecting, copyright and related rights that public authorities, including Governments of WIPO Member States, may be called upon to address at some point in the future, including distance education and the trans-frontier aspects thereof
  • Technology and licensing alone (no matter how perfect and evolved) are not likely to find the right balance between public and private interests at stake. Public policy concerns are a fundamental part of copyright law and they can only be correctly addressed by within the law. The needs of education and access to culture must be guaranteed within our copyright laws as a question of strict public policy.
  • Strong mandatory remunerated exceptions for educational purposes (under legal license schemes) will only benefit the advance of creativity and benefit the authors.

Education deserves more effective exceptions than those existing today in national laws and this can only be attempted at a supranational level.

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Green-tick.png
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 57
Level of aggregation: Copyright legal system
Period of material under study: Not stated