Authors: Faith O. Majekolagbe and Giulia Priora
Abstract: There has been a renewed interest in the adoption of an international instrument on copyright and educational uses at the World Intellectual Property Organization since the COVID-19 pandemic which necessitated an unprecedented large-scale switch to digital education in many countries and brought to the fore the need to address copyright barriers to educational activities in physical and digital settings at the international level. This chapter primarily considers various legal models for copyright limitations and exceptions, specifically the fair use, fair dealing, and exhaustive list models, that could be explored and/or adopted in developing an appropriate international instrument on copyright limitations and exceptions for educational uses. It then draws lessons from the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled to buttress the need for an international instrument on educational uses of copyrighted works.
Citation: Majekolagbe, Faith and Priora, Giulia, An International Instrument on Copyright and Educational Uses: Regulatory Models and Lessons (July 6, 2023). Draft chapter. Final version forthcoming in Jens Schovsbo (ed) “Intellectual Property Rights in Times of Crisis” (Edward Elgar 2024), Available at SSRN: https://ssrn.com/abstract=4502966 or http://dx.doi.org/10.2139/ssrn.4502966
