Copyright issues relating to education and research : a legal analysis

Abstract

This study focuses on the current issues of copyright law in connection to education and research. There are several elements which throughout the years enlarged the degree of various copyright challenges encountered by academics all over the world. This worldwide impact that copyright law is having predominantly due to the progressions in the digital environment, has augmented the need to restructure the copyright rules in a manner that is beneficial to all individuals concerned. Such demand for reform has been acknowledged and has taken the form of a Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market which although it has not yet been conclusively ratified, it already insinuates a wide-ranging effect on copyright legislation. Following an introduction on the salient features of the subject matter, chapters 2, 3 and 4 of this paper analyse the educational exceptions as implemented in various international conventions, and the issues emerging therewith in light of the copyright proposals and in conjunction to the Maltese Copyright Act and the Information Society Directive. This study which has been mainly compiled through a desk research approach showed that although the Commission’s copyright reform has refined most of the existing principles and has reached its scope in addressing several copyright issues, nevertheless some of the proposals are still subject to debate. Effectively, establishing the benefits and weaknesses of the European Commission’s initiative in view of e-education has been a core objective of this research study. Ultimately, recommendations for further improvement that will cater for a sustained era of exceptional technological change have shaped the conclusion of this paper.