The Fairness of ‘Stealing’ Knowledge for Education

Ratnaria Wahid

Abstract


Despite the success of technology in terms of making it much more convenient to gain education, copyright law seems to hamper the strength and opportunity of information technology in relation to providing access to knowledge and education. With this in mind, this paper examines the application of copyright law in the context of education in both traditional and modern methods of teaching. It discusses the problem associated with the uncertainties and lack of awareness amongst copyright users, as well as the controlling behaviours of copyright owners. This paper further relates the problem of uncertainties to broad provisions of exceptions in international copyright instruments, and further narrows down the interpretation of ‘fair’ dealing in the context of domestic laws. This paper argues that a liberal approach to copyright is fundamental when providing discretion for countries to interpret and implement their international copyright obligations, which are considered suitable to their different needs. As such, private international litigation can contribute to adopting a more balanced and more respectful approach to national differences and national norms.

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JICLT is a member of the Directory of Open-Access Journals (www.doaj.org). ISSN: 1901-8401.