Mike Palmedo and Margartia Gorospe
As schools have closed in response to the Coronavirus 19 pandemic, interest in online learning has increased dramatically. Online learning often involves distributing copyrighted works online, so it is governed by copyright limitations that vary widely from one country to the next. Some countries allow teachers, parents, and/or students to share works or parts of works online for educational purposes. Other countries do not, or place different types of conditions on the limitation. Earlier InfoJustice blogs have discussed copyright and distance learning in Ireland and Canada, and two blogs about the United States (one | two).
In 2018, PIJIP surveyed copyright profiles in 21 countries asking a wide range of questions about copyright exceptions. (We are in the process of surveying more countries, and currently have completed, coded data on 23.) The survey and all of the answers are available at infojustice.org/survey. One question in particular asked if countries’ laws allowing unauthorized uses for educational purposes applied to use in online courseware.
16 of the 23 respondents said that their countries’ copyright laws “clearly” or “mostly/probably” allowed the online sharing of copyrighted works for educational purposes. 7 respondents said their countries’ laws did not. Both groups of countries include relatively wealthier and less wealthy countries.
It is notable that there are many differences in the conditions attached to legal, unauthorized use of copyrighted works for educational purposes. The laws do not explicitly reference the act of teaching online, but many describe the right of communication or making available without setting limits on the right. Korea is a good example. Under Article 25 of Korea’s copyright law, schools “may reproduce, distribute, perform in public, display, or publicly transmit part of the works already made public where it is recognized as necessary for the lessons and for the purpose of support thereof…” On the other hand, many countries have very narrow educational exceptions that are too limited to be of use in the event that school must be carried out in an online environment. Here, Argentina is a good example. Article 36 of its law gives authors the exclusive right to authorize recitals, performances, or broadcasts of their works, but then grants a narrow exception for performance and recital of works at educational institutions “provided that the event in question is not broadcast outside the place where it occurs…”
Below we’ve excerpted the education exceptions in each of the countries cited by our survey respondents:
| Country | Legal provision |
| Argentina | Art. 36. Law 11723 Article 36: The authors of literary, dramatic, dramatico-musical and musical works shall enjoy the exclusive right to authorize:(a) the recital and public performance of their works;(b) the public broadcasting by any means of the recital and performance of their works. However, the performance and recital of literary or artistic works already published, in public acts organized by educational institutions, or linked with the fulfillment of theireducational purposes, study plans and programs, shall be lawful and shall be exempt from the payment of copyrights and performers’ rights established under Article 56, provided that the event in question is not broadcast outside the place where it occurs and the performers gather and perform free of charge. |
| Australia | The Copyright Amendment (Digital Agenda) Act 2000 (Cth) The Act extended the statutory licences to electronic reproductions and communications of copyright works and materials (so extending to courseware, although only courseware limited to enrolled students – not open access courseware). |
| Botswana | Copyright & Neighbouring Rights Act No. 6 of 2006 15(a): the reproduction of a short part of a published work for teaching purposes by way of illustration, in writings or sound or visual recordings, provided that reproduction is compatible with fair practice and does not exceed the extent justified; |
| Brazil | 1998 Act Art. 46. Does not constitute copyright infringement: VI – theatrical performance and musical performance, when carried out in the family recess or, for exclusively didactic purposes, in educational establishments, and in no case profit intention; Note: survey respondent Allan Rocha writes: “Formally in the legal text only musical and theatrical works are explicitly permitted. However the extended interpretation stated by the Courts expands its limits to any work as long as the purpose is educational” |
| Canada | Copyright Act, RSC, 1985, c C-42, s 29. Reproduction for instruction 29.4(1): It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of education or training on its premises to reproduce a work, or do any other necessary act, in order to display it. Reproduction for examinations, etc. See Alberta (Minister of Education) v. Canadian Copyright Licensing Agency, 2012 SCC 37, 2012, [2012] 2 S.C.R. 345. Note: Confirmed that educational uses fall under the protection of fair dealing. |
| Chile | Art. 71 M, N, Law 17,336; (Art. 1 No. 8, Law 20,435) Article 71M – It shall be lawful, without remunerating or seeking the authorization of the author, to reproduce and translate for educational purposes, within the framework of formal education or with the consent of the Ministry of Education, small fragments of works or isolated works of a three dimensional, photographic or figurative nature, excluding school textbooks and university manuals, where such acts are performed solely to illustrate educational activities, insofar as this is warranted and is not for profit, provided that the works in question have already been disclosed and include the name of the author and the source, except in cases where this is impossible. Article 71N – The use of a work, including phonograms, within the family circle, in educational or charitable establishments, libraries, archive centers or museums, shall not be considered communication or public performance of the work, provided that such use is not for profit. In such cases, neither the authorization of the author or copyright holder or any payment shall be required. |
| China | Copyright Law; Regulations on Protection of the Right of Communication via Information Network; Implementation Regulations of Copyright Law Art. 8 – excerpts…may be used to produce courseware which may be made available to registered students through information network by distance education institutions which have produced such courseware or have legally obtained a copy of such courseware, without permission from the copyright owner, provided that remuneration is paid to the copyright owner. |
| Colombia | Law 23 of 1982 Article 32 – It shall be permissible to make use, to the extent justified by the purpose, of literary or artistic works, or parts thereof, by way of illustration in works intended for teaching, by means of publications, broadcasts or sound or visual recordings, or to communicate, without gainful intent and for teaching purposes works broadcast for use in schools, education, universities and professional training, subject to the obligation to mention the name of the author and the title of the works thus used. |
| Finland | Copyright Act (Act No. 404/1961 of July 8, 1961, as amended up to Act No. 608/2015 of May 22, 2015) https://wipolex.wipo.int/en/text/397616 Section 14 (821/2005)Use of works for educational activities and scientific research (607/2015)(1) A work made public may, by virtue of extended collective licence, as provided in section 26, be reproduced for use in educational activities or in scientific research and be used in this purpose for communication to the public by means other than transmitting on radio or television. The provisions of this subsection shall not apply to reproduction by photocopying or by corresponding means.(2) In educational activities, a work made public, performed by a teacher or a student, may be reproduced by direct recording of sound or image for temporary use in educational activities. A copy thus made may not be used for other purposes.(3) Parts of a literary work that has been made public or, when the work is not extensive, the whole work, may be incorporated into a test constituting part of the matriculation examination or into any other corresponding test.(4) The provisions of subsection 1 concerning works other than those transmitted on radio or television shall not apply to a work whose author has prohibited the reproduction or communication of the work. |
| France | This right is provided today by Article L122-5, 3°, e) of the CPI. It was added to the French IP code (CPI) in 2006 by Article 1 of the Loi n° 2006-961 du 1 août 2006 relative au droit d’auteur et aux droits voisins dans la société de l’information. The representation or reproduction of extracts from works, subject to works designed for educational purposes and musical scores, for the sole purpose of illustration in the context of teaching and research, including for the development and dissemination of exam subjects or competitions organized as an extension of the lessons to the exclusion of any playful or recreational activity, as soon as this representation or reproduction is intended, in particular by means of a space digital work, to an audience composed mainly of pupils, students, teachers or researchers directly concerned by the act of teaching, training or research activity requiring this representation or this reproduction, that it is not the subject of any publication or distribution to a third party to the public thus constituted, that the use of this representation or this reproduction does not give rise to any exploita commercial compensation and that it is compensated by remuneration negotiated on a lump sum basis without prejudice to the assignment of the reproduction right by reprography mentioned in article L. 122-10 |
| Hong Kong | The Copyright Act; Art. 46-47; 35 A. Art. 46I: a. ”Within a reasonable scope, and where necessary for the purpose of teaching in schools, all levels of legally established schools and their teachers may reproduce the works of another person which have already been publicly released.”b. limited purpose: “for the purpose of teaching in schools”c. NOT open to all type of users, only open to teachers in legally established schoolsB. Art. 47“I. Within a reasonable scope, and for the purpose of preparing pedagogical texts for which review and approval by an education administrative agency is required by act or regulation, or where an education administrative agency prepares pedagogical texts itself, the works of another person that have been publicly released may be reproduced, adapted, or compiled. II. The provisions of the preceding paragraph shall apply mutatis mutandis to the preparation of supplementary teaching aids which are ancillary to the aforesaid textbooks and which are exclusively provided to teachers for teaching purposes; provided, this shall be limited to editing by the preparer of such textbooks. III. Within a reasonable scope and for the purpose of meeting educational needs, all levels of legally established schools and educational institutions may publicly broadcast the works of another person that have been publicly released. IV. In the circumstances set forth in the preceding three paragraphs the exploiter of the work shall notify the economic rights holder and pay compensation for use. The level of compensation shall be set by the competent authority.”a. limited purpose: “for the purpose of preparing pedagogical texts”, “for the purpose of meeting educational needs” at legally established school and educational institutions.C. Subject to a balancing test: a. the use should be within “a reasonable scope”; b. in determining “a reasonable scope”, the courts should consider the 4 fair use factors according to Art. 65II.D. Subject to remuneration: Standards for Compensations For Fair Use Of Works In Paragraph Four, Article 47 Of The Copyright Act at https://www.tipo.gov.tw/ct.asp?xItem=364366&ctNode=6825&mp=2See also 35(b)(3): Notwithstanding the exception in subsection (2), subsection (1) applies to a copy of a work that is referred to in subsection (2)(a) and that is, or is intended to be, played or shown in public—by an educational establishment for the educational purposes of the establishment; orby a specified library for use of the library. |
| India | The Copyright Act, 1957; AmendmentActs of 1983, 1994 and 2012 Section 52(1)(i)(i); Amendment Act of 2012; Syndicate of the Press of the University of Cambridge on Behalf of the Chancellor, Masters and School v. B.D. Bhandari & Ors. [185 (2011) DLT 346]52. Certain acts not to be infringement of copyright.—(1) The following acts shall not constitute an infringement of copyright, namely:—(a) a fair dealing with a literary, dramatic, musical or artistic work 1[not being a computer programme] for the purposes of— 1[(i) Private use including research;](ii) criticism or review, whether of that work or of any other work; 2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy— 1[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy—”(i) in order to utilise the computer programme for the purpose for which it was supplied |
| Japan | §35(1): (1)-(5),(7),(9) §35. (1) A person who is in charge of teaching and those who are taught in a school or other educational institutions (except those institutions established for profit-making) may reproduce a work already made public if and to the extent deemed necessary for the purpose of use in the course of lessons, provided that suchreproduction does not unreasonably prejudice the interests of the copyright owner in the light of the nature and the purpose of the work as well as the number ofcopies and the form of reproduction. (8): §33(2) In the case of the exploitation of a work already made public, by offering or making public the original or copies of such work to those who take lessons directlyin the course of lessons in educational institutions mentioned in the preceding paragraph, or in the case of the exploitation of such work by publicly performing,presenting or reciting it in accordance with the provision of Article 38, paragraph (1) in the course of such lessons, it shall be permissible to make the publictransmission (including the making transmittable in the case of the interactive transmission) of such work intended for reception by those who take lessons at thesame time at a place other than that where such lessons are given; provided, however, that such transmission does not unreasonably prejudice the interests of thecopyright owner in the light of the nature and the purpose of the work as well as the form of the transmission. §33 (1) It shall be permissible to reproduce in school textbooks & school textbooks &; means textbooks authorized by the Minister of Education and Science or those compiled under the authorship of the Ministry of Education and Science to be used for the education of children or pupils in primary schools, junior highschools,compulsory education schools or senior high schools or other similar schools; the same shall apply hereinafter) works already made public, to the extentdeemed necessary for the purpose of school education.(2) A person who makes such reproduction shall inform the author thereof and pay to the copyright owner compensation, the amount of which is fixed each year bythe Commissioner of the Agency for Cultural Affairs, by taking into account the purpose of the provision of the preceding paragraph, the nature and the purpose ofthe work, the ordinary rate of royalty, and other conditions.(3) The Commissioner of the Agency for Cultural Affairs shall announce in the Official Gazette the amount of compensation fixed in accordance with the provision ofthe preceding paragraph.(4) The provisions of the preceding three paragraphs shall apply mutatis mutandis with respect to the reproduction of works in textbooks intended forcorrespondence courses of senior high school education (including the latter stage of high school education) and in guidance books of school textbooks intended forteachers (these guidance books shall be limited to those published by the same publisher of the textbooks). |
| Korea | Copyright Act (Act No. 432 of January 28, 1957, as amended up to Act No. 14634 of March 21, 2017) Article 25 (Use for the Purpose of School Education) (1) A work already made public may be reproduced in textbooks to the extent deemed necessary for the purpose of education at high schools, their equivalents or lower level schools. (2) Schools established by special Acts, the Early Childhood Education Act, the Elementary and Secondary Education Act, or the Higher Education Act, educational institutions which are operated by the State or local governments and education supporting institutions belonging to the State or local governments to support lessons of those educational institutions may reproduce, distribute, perform in public, display, or publicly transmit part of the works already made public where it is recognized as necessary for the lessons and for the purpose of support thereof: Provided, That it isinevitable to the whole work in view of the character of the work, the purpose, form, etc. of the work, they may use the work in whole.<Amended by Act No. 9625, Apr. 22, 2009; Act No. 12137, Dec. 30, 2013> (3) Those who receive education at an educational institution provided for in paragraph (2) may reproduce or interactively transmit the works made public within the extent of paragraph (2) where it is recognized as necessary for the purpose of education. |
| Netherlands | Dutch Copyright Act Art. 16.: Not regarded as an infringement of copyright is the reproduction or making public of parts of a literary, scientific or artistic work for the sole purpose of illustration for teaching, to the extent justified by the intended and non- commercial purpose, provided that:1. the work from which the part is taken has been lawfully made public;2. it is in accordance with what social custom regards as reasonably acceptable use3. the provisions of Article 25 have been observed;4. so far as reasonably possible the source, including the maker’s name, has been clearly indicated; and5. fair compensation is paid to the maker or his successors in title.For the same purpose and subject to the same conditions, use of the whole work is allowed if it concerns a short work or a work as meant in Article 10, first paragraph sub 6°, 9° or sub 11°.Where the use is for a compilation, the use of works by the same maker must be limited to only short works or short passages of works. Where it concerns works meant in Article 10, first paragraph sub 6°, 9° or 11°, only a few of said works may be used and only if the reproductions differ appreciably from the original work, in size or as a result of the manner in which they are made, in the understanding that, where two or more such works were communicated to the public together, the reproduction of only one of them shall be permitted.4. The provisions of this Article also apply where the use is in a language other than the original. |
| Peru | Law 13714 Article 77 ; Legislative Decree 822, Article 41Art. 41.: The intellectual works protected by this Law may be lawfully communicated, without the necessity of authorization by the author or payment of any remuneration, in the following cases:(a) where the act takes place in an exclusively domestic environment, provided that there is no direct or indirect economic interest and that the communication is not deliberately relayed outside by any means, either in its entirety or in part;(b) where the act takes place in the course of official events or religious ceremonies, involving small fragments of music or parts of musical works, provided that the public is able to take part in them free of charge and none of the participants in the act is paid specific remuneration for his performance in it;(c) where the acts are shown to have an exclusively educational purpose, being performed in the course of the activities of a teaching institution by the staff and students of that institution, provided that the communication pursues no direct or indirect profit-making purpose and the audience is composed solely of the staff and students of the institution or parents or teachers of students and other persons directly associated with the institution’s activities;(d) where the acts take place in commercial establishments for the purpose of demonstrating, receiving, reproduction or other similar apparatus to customers or with a view to the sale of the sound or audiovisual media that contain the work, provided that the communication is not deliberately relayed outside, either entirely or in part;(e) where the acts are essential to the provision of legal or administrative evidence. |
| Poland | Article 27. Research and educational institutions shall be allowed, for teaching purposes or in order to conduct their own research, to use disseminated works in original and in translation, and to make copies of fragments of the disseminated work. 1. Educational institutions, universities and research units within the meaning of the Act of 30 April 2010 on principles of financing science (Dz. U. of 2014. item. 1620 and 2015. item. 249 and 1268) may for the purpose of illustration for teaching or for purpose of scientific research, use of disseminated works in original and in translation, and reproduce for this purpose disseminated minor works or excerpts from larger works.2. In the case of making the work publicly available in such a manner that anyone could access it at a place and time selected thereby, use as referred in paragraph 1, is allowed only for a limited group of learners, teaching or conducting research, identified by the entities listed in paragraph. 1. |
| Portugal | Code on Authors Rights and Neighboring Rights Reproductions covered in Art. 75.; Decree-Law n.º 63/85 of 14 March 1985 repealed the CDA and implemented the Código do Direito de Autor e dos Direitos Conexos (Code on Authors Rights and Neighboring Rights) (“CDADC”), which is still in force. |
| Singapore | Copyright Act (Cap. 63, 2006 Rev. Ed.) (as of 31 March 2015) 35.—(1) Subject to this section, a fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, for any purpose other than a purpose referred to in section 36 or 37 shall not constitute an infringement of the copyright in the work. (1A) The purposes for which a dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, may constitute a fair dealing under subsection (1) shall include research and study. |
| Slovakia | Act No. 185/2015 Coll. on Copyright and Related Rights (as amended by Act No. 125/2016 Coll.) Section 44 Using of Work for Educational and Scientific Purpose Copyright is not infringed by a person who without authorisation of its author uses released work by making a copy, by public performance or communication to the public for the purpose of organising objectlesson for educational or scientific research, provided that such using of work does not result in direct or indirect economic benefit. See also: ADAMOVÁ, Z., HUSOVEC, M., Intellectual Property (Slovak Chapter) In VANHEES, H. (ed.) International Encyclopaedia of Laws: Intellectual Property. Kluwer Law International, 2014. |
| South Africa | The South African Copyright Act 1978 S12(4): The copyright in a literary or musical work shall·not be infringed by using such work, to the extent justified by the purpose, by way of·illustration in any publication, broadcast or sound or visual record for teaching: Provided that such use shall be compatible with fair practice and ·that the source shall be mentioned, as well as the name of the author if it appears on the work. |
| Switzerland | Art. 19 para. 1 lit. b CopA 1992Art. 19 Private use: Published works may be used for private use. Private use means:any personal use of a work or use within a circle of persons closely connect- ed to each other, such as relatives or friends;any use of a work by a teacher and his class for educational purposes |
| UAE | Article 22/8 of the Federal Law No 7 of 2002 Concerning Copyright and Neighboring Rights Art. 22/8: Reproducing short abstracts of a work in the form of manuscripts or audio, visual, or audiovisual recordings, for the purposes of cultural or religious education, or vocational training provided that reproduction is made within the reasonable limits and does not go beyond the purpose thereof; mention shall be made of the name of the author and the title of the work, whenever possible; the reproducer shall not directly or indirectly seek profit; and it was not possible to obtain a license for reproduction pursuant to the provisions of the present Law. |
| Ukraine | The Law of Ukraine “On Copyright and Neighboring Rights” dated 23.12.1993 No. 3792-XII Article 21 (Applies to 1994-present): “The following shall be permitted without the consent of the author (or other copyright holder), but with mandatory indication of the author’s name and of the source of borrowing: …2) to use literary works and works of art to the extent justified by the intended purpose as illustrations in publications, broadcasts, sound recordings or video recordings of an educational nature;”(Applies to 1994-2001) The Law of Ukraine “On Copyright and Neighboring Rights” dated 23.12.1993 No. 3792-XII: Article 23: “Free Reproduction of Specimens of a Work for Training The following shall be permitted without the consent of the author or other copyright holder: 1) to reproduce excerpts from published written works or audiovisual works and phonograms as illustrations for training, provided that the extent of the reproduction is consistent with said purpose; 2) for non-commercial educational institutions to reprographically reproduce for classroom lessons published articles and other small works and excerpts from written works, with or without illustrations, provided that: a) the extent of the reproduction is consistent with said purpose; b) reproduction of the work is a single, not a regular, event; c) there are no restrictions on the part of collective management organizations concerning the terms and conditions for the reproduction. 3) there is no collective license (license provided by the collective society) that could specify conditions of such use.” The Law of Ukraine “On Copyright and Neighboring Rights” dated 23.12.1993 No. 3792-XII as amended by the Law of Ukraine “On amending to the Law of Ukraine “On Copyright and Neighboring Rights” dated 11.07.2001 No.2627-III (Applies to 2001-present) Article 23: “Free Reproduction of Specimens of a Work for Training The following shall be permitted without the consent of the author or other copyright holder: 1) to reproduce excerpts from published written works or audiovisual works as illustrations for training, provided that the extent of the reproduction is consistent with said purpose; 2) for educational institutions to reprographically reproduce for classroom lessons published articles and other small works and excerpts from written works, with or without illustrations, provided that: a) the extent of the reproduction is consistent with said purpose; b) reproduction of the work is a single, not a regular, event; c) there are no restrictions on the part of collective management organizations concerning the terms and conditions for the reproduction.” |
| USA | Copyright Act §107 · Limitations on exclusive rights: Fair use[40] Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecordsor by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. |
| Vietnam | Art .25 of the IP Act 2005 Cases of use of published works where permission and payment of royalties and/or remunerations are not required1. Cases of use of published works where permission or payment of royalties and/or remunerations is not required include:a/ Duplication of works by authors for scientific research or teaching purpose;b/ Reasonable recitation of works without misrepresenting the authors’ views for commentary or illustrative purpose;c/ Recitation of works without misrepresenting the authors’ views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors’ views and not for commercial purpose;e/ Reprographic reproduction of works by libraries for archival and research purpose;f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form;g/ Audiovisual recording of performances for purpose of reporting current events or for teaching purpose;h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of such works;i/ Transcription of works into Braille or characters of other languages for the blind;j/ Importation of copies of others’ works for personal use.2. Organizations and individuals that use works defined in Clause 1 of this Article must neither affect the normal utilization of such works nor cause prejudice to rights of the authors and/or copyright holders; and must indicate the authors’ names, and sources and origins of the works.3. The use of works in the cases specified in Clause 1 of this Article shall not apply to architectural works, plastic works and computer programs. |
| Country | Online sharing Permitted | Legal provision |
| Argentina | No | Art. 36. Law 11723. Article 36. The authors of literary, dramatic, dramatico-musical and musical works shall enjoy the exclusive right to authorize:(a) the recital and public performance of their works;(b) the public broadcasting by any means of the recital and performance of their works.However, the performance and recital of literary or artistic works already published, in public acts organized by educational institutions, or linked with the fulfillment of theireducational purposes, study plans and programs, shall be lawful and shall be exempt from the payment of copyrights and performers’ rights established under Article 56, provided that the event in question is not broadcast outside the place where it occurs and the performers gather and perform free of charge. |
| Australia | Yes | The Copyright Amendment (Digital Agenda) Act 2000 (Cth) extended the statutory licences to electronic reproductions and communications of copyright works and materials (so extending to courseware, although only courseware limited to enrolled students – not open access courseware). |
| Botswana | Yes | Copyright & Neighbouring Rights Act No 6 of 2006 15(a): the reproduction of a short part of a published work for teaching purposes by way of illustration, in writings or sound or visual recordings, provided that reproduction is compatible with fair practice and does not exceed the extent justified; |
| Brazil | Mostly Yes | 1998 Act. Art. 46. Does not constitute copyright infringement: … VI – theatrical performance and musical performance, when carried out in the family recess or, for exclusively didactic purposes, in educational establishments, and in no case profit intention; Note: survey respondent Allan Rocha writes:”Formally in the legal text only musical and theatrical works are explicitly permitted. However the extended interpretation stated by the Courts expands its limits to any work as long as the purpose is educational;” |
| Canada | Yes | Copyright Act, RSC, 1985, c C-42, s 29. Reproduction for instruction 29.4 (1) It is not an infringement of copyright for an educational institution or a person acting under its authority for the purposes of education or training on its premises to reproduce a work, or do any other necessary act, in order to display it. Reproduction for examinations, etc. Alberta (Minister of Education) v. Canadian Copyright Licensing Agency, 2012 SCC 37, 2012, [2012] 2 S.C.R. 345. Confirmed that educational uses fall under the protection of fair dealing. |
| Chile | No | Art. 71 M, N, Law 17,336; (Art. 1 No. 8, Law 20,435) Article 71M.– It shall be lawful, without remunerating or seeking the authorization of the author, to reproduce and translate for educational purposes, within the framework of formal education or with the consent of the Ministry of Education, small fragments of works or isolated works of a three dimensional, photographic or figurative nature, excluding school textbooks and university manuals, where such acts are performed solely to illustrate educational activities, insofar as this is warranted and is not for profit, provided that the works in question have already been disclosed and include the name of the author and the source, except in cases where this is impossible. Article 71N.– The use of a work, including phonograms, within the family circle, in educational or charitable establishments, libraries, archive centers or museums, shall not be considered communication or public performance of the work, provided that such use is not for profit. In such cases, neither the authorization of the author or copyright holder or any payment shall be required. |
| China | Mostly Yes | Copyright Law; Regulations on Protection of the Right of Communication via Information Network; Implementation Regulations of Copyright Law Art. 8 – “excerpts…may be used to produce courseware which may be made available to registered students through information network by distance education institutions which have produced such courseware or have legally obtained a copy of such courseware, without permission from the copyright owner, provided that remuneration is paid to the copyright owner.” |
| Colombia | Mostly No | Law 23 of 1982 Article 32. It shall be permissible to make use, to the extent justified by the purpose, of literary or artistic works, or parts thereof, by way of illustration in works intended for teaching, by means of publications, broadcasts or sound or visual recordings, or to communicate, without gainful intent and for teaching purposes works broadcast for use in schools, education, universities and professional training, subject to the obligation to mention the name of the author and the title of the works thus used. |
| Finland | Yes | Copyright Act (Act No. 404/1961 of July 8, 1961, as amended up to Act No. 608/2015 of May 22, 2015) https://wipolex.wipo.int/en/text/397616 Section 14 (821/2005)Use of works for educational activities and scientific research (607/2015)(1) A work made public may, by virtue of extended collective licence, as provided in section 26, be reproduced for use in educational activities or in scientific research and be used in this purpose for communication to the public by means other than transmitting on radio or television. The provisions of this subsection shall not apply to reproduction by photocopying or by corresponding means.(2) In educational activities, a work made public, performed by a teacher or a student, may be reproduced by direct recording of sound or image for temporary use in educational activities. A copy thus made may not be used for other purposes.(3) Parts of a literary work that has been made public or, when the work is not extensive, the whole work, may be incorporated into a test constituting part of the matriculation examination or into any other corresponding test.(4) The provisions of subsection 1 concerning works other than those transmitted on radio or television shall not apply to a work whose author has prohibited the reproduction or communication of the work. |
| France | Yes | This right is provided today by Article L122-5, 3°, e) of the CPI. It was added to the French IP code (CPI) in 2006 by Article 1 of the Loi n° 2006-961 du 1 août 2006 relative au droit d’auteur et aux droits voisins dans la société de l’information. he representation or reproduction of extracts from works, subject to works designed for educational purposes and musical scores, for the sole purpose of illustration in the context of teaching and research, including for the development and dissemination of exam subjects or competitions organized as an extension of the lessons to the exclusion of any playful or recreational activity, as soon as this representation or reproduction is intended, in particular by means of a space digital work, to an audience composed mainly of pupils, students, teachers or researchers directly concerned by the act of teaching, training or research activity requiring this representation or this reproduction, that it is not the subject of any publication or distribution to a third party to the public thus constituted, that the use of this representation or this reproduction does not give rise to any exploita commercial compensation and that it is compensated by remuneration negotiated on a lump sum basis without prejudice to the assignment of the reproduction right by reprography mentioned in article L. 122-10 |
| Hong Kong | No Yes? See comment. | Hong Kong – No. Art. 46-47. See 35(b)(3) (3)Notwithstanding the exception in subsection (2), subsection (1) applies to a copy of a work that is referred to in subsection (2)(a) and that is, or is intended to be, played or shown in public—by an educational establishment for the educational purposes of the establishment; orby a specified library for use of the library. |
| India | Yes | Section 52(1)(i)(i); Amendment Act of 2012 ; Syndicate of the Press of the University of Cambridge on Behalf of the Chancellor, Masters and School v. B.D. Bhandari & Ors. [185 (2011) DLT 346]52. Certain acts not to be infringement of copyright.—(1) The following acts shall not constitute an infringement of copyright, namely:—(a) a fair dealing with a literary, dramatic, musical or artistic work 1[not being a computer programme] for the purposes of— 1[(i) Private use including research;](ii) criticism or review, whether of that work or of any other work; 2[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy— 1[(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy—”(i) in order to utilise the computer programme for the purpose for which it was supplied; or |
| Japan | No | (1)-(5),(7),(9): §35(1)(8): §33 |
| Korea | Yes | From the amendment of Copyright Act (Law No. 8101, amended 28 December 2006), educational institutions may communicate published works to the public, which aims to encompass online courseware. Further, when it is inevitable they may use the entire work. |
| Netherlands | Yes | Netherlands – Yes. Art. 16.Not regarded as an infringement of copyright is the reproduction or making public of parts of a literary, scientific or artistic work for the sole purpose of illustration for teaching, to the extent justified by the intended and non- commercial purpose, provided that:1o the work from which the part is taken has been lawfully made public;2o it is in accordance with what social custom regards as reasonably acceptableuse3o the provisions of Article 25 have been observed;4o so far as reasonably possible the source, including the maker’s name, hasbeen clearly indicated; and5o fair compensation is paid to the maker or his successors in title.For the same purpose and subject to the same conditions, use of the whole work is allowed if it concerns a short work or a work as meant in Article 10, first paragraph sub 6°, 9° or sub 11°.Where the use is for a compilation, the use of works by the same maker must be limited to only short works or short passages of works. Where it concerns works meant in Article 10, first paragraph sub 6°, 9° or 11°, only a few of said works may be used and only if the reproductions differ appreciably from the original work, in size or as a result of the manner in which they are made, in the understanding that, where two or more such works were communicated to the public together, the reproduction of only one of them shall be permitted.4. The provisions of this Article also apply where the use is in a language other than the original. |
| Peru | Mostly Yes | Law 13714, Article 77 ; Legislative Decree 822, Article 41 Art. 41. The intellectual works protected by this Law may be lawfully communicated, without the necessity of authorization by the author or payment of any remuneration, in the following cases:(a) where the act takes place in an exclusively domestic environment, provided that there is no direct or indirect economic interest and that the communication is not deliberately relayed outside by any means, either in its entirety or in part;(b) where the act takes place in the course of official events or religious ceremonies, involving small fragments of music or parts of musical works, provided that the public is able to take part in them free of charge and none of the participants in the act is paid specific remuneration for his performance in it;(c) where the acts are shown to have an exclusively educational purpose, being performed in the course of the activities of a teaching institution by the staff and students of that institution, provided that the communication pursues no direct or indirect profit-making purpose and the audience is composed solely of the staff and students of the institution or parents or teachers of students and other persons directly associated with the institution’s activities;(d) where the acts take place in commercial establishments for the purpose of demonstrating, receiving, reproduction or other similar apparatus to customers or with a view to the sale of the sound or audiovisual media that contain the work, provided that the communication is not deliberately relayed outside, either entirely or in part;(e) where the acts are essential to the provision of legal or administrative evidence. |
| Poland | Yes | Article 27. Research and educational institutions shall be allowed, for teaching purposes or in order to conduct their own research, to use disseminated works in original and in translation, and to make copies of fragments of the disseminated work. 1. Educational institutions, universities and research units within the meaning of the Act of 30 April 2010 on principles of financing science (Dz. U. of 2014. item. 1620 and 2015. item. 249 and 1268) may for the purpose of illustration for teaching or for purpose of scientific research, use of disseminated works in original and in translation, and reproduce for this purpose disseminated minor works or excerpts from larger works.2. In the case of making the work publicly available in such a manner that anyone could access it at a place and time selected thereby, use as referred in paragraph 1, is allowed only for a limited group of learners, teaching or conducting research, identified by the entities listed in paragraph. 1. |
| Portugal | Yes | Reproductions covered in Art. 75.; Decree-Law n.º 63/85 of 14 March 1985 repealed the CDA and implemented the Código do Direito de Autor e dos Direitos Conexos (Code on Authors Rights and Neighboring Rights) (“CDADC”), which is still in force. |
| Singapore | Yes | ss 35, 109, Copyright Act (Cap. 63, 2006 Rev. Ed.) (as of 31 March 2015)cf. ss 40, 50A, 51, 52A, 53, 115, 115A, 115B, 247, Copyright Act (Cap. 63, 2006 Rev. Ed.) (as of 31 March 2015) |
| Slovakia | Yes | ADAMOVÁ, Z., HUSOVEC, M., Intellectual Property (Slovak Chapter) In VANHEES, H. (ed.) International Encyclopaedia of Laws: Intellectual Property. Kluwer Law International, 2014. |
| South Africa | Mostly Yes | S12(4) The copyright in a literary or musical work shall·not be infringed by using such work, to the extent justified by the purpose, by way of·illustration in any publication, broadcast or sound or visual record for teaching: Provided that such use shall be compatible with fair practice and ·that the source shall be mentioned, as well as the name of the author if it appears on the work. |
| Switzerland | Yes | Art. 19 para. 1 lit. b CopA 1992Art. 19 Private usePublished works may be used for private use. Private use means:any personal use of a work or use within a circle of persons closely connect- ed to each other, such as relatives or friends;any use of a work by a teacher and his class for educational purposes |
| UAE | No | Article 22/8 of the Federal Law No 7 of 2002 Concerning Copyright and Neighboring Rights provides as follows: Reproducing short abstracts of a work in the form of manuscripts or audio, visual, or audiovisual recordings, for the purposes of cultural or religious education, or vocational training provided that reproduction is made within the reasonable limits and does not go beyond the purpose thereof; mention shall be made of the name of the author and the title of the work, whenever possible; the reproducer shall not directly or indirectly seek profit; and it was not possible to obtain a license for reproduction pursuant to the provisions of the present Law. |
| Ukraine | Mostly Yes | The Law of Ukraine “On Copyright and Neighboring Rights” dated 23.12.1993 No. 3792-XII: Article 21 |
| USA | Yes | fair use[?] the cite is not to a law, but is a discussion of fair use |
| Vietnam | No | Art.25 of the IP Act 2005Cases of use of published works where permission and payment of royalties and/or remunerations are not required1. Cases of use of published works where permission or payment of royalties and/or remunerations is not required include:a/ Duplication of works by authors for scientific research or teaching purpose;b/ Reasonable recitation of works without misrepresenting the authors’ views for commentary or illustrative purpose;c/ Recitation of works without misrepresenting the authors’ views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors’ views and not for commercial purpose;e/ Reprographic reproduction of works by libraries for archival and research purpose;f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form;g/ Audiovisual recording of performances for purpose of reporting current events or for teaching purpose;h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of such works;i/ Transcription of works into Braille or characters of other languages for the blind;j/ Importation of copies of others’ works for personal use.2. Organizations and individuals that use works defined in Clause 1 of this Article must neither affect the normal utilization of such works nor cause prejudice to rights of the authors and/or copyright holders; and must indicate the authors’ names, and sources and origins of the works.3. The use of works in the cases specified in Clause 1 of this Article shall not apply to architectural works, plastic works and computer programs. |
