A Comparative Analysis of the Exception of Educational Use in Literacy and Artistic Property Rights

Document Type : Scientific Research

Authors

1 Assistant Professor, Law and Political Sciences Faculty (Comparative Law Institution) of Tehran University (Corresponding Author)

2 M.A. in Literacy and Artistic Property Rights, Imam Reza International University

Abstract

 
The exception of literary and artistic properties rights for educational use was proposed to national legislators in the Berne Convention. Different countries are allowed to predict this exception in their legislations based on their local and native conditions. This exception promotes the use of literary and artistic works for educational purposes. Although this exception is challenged with technological advancements and private agreements, legislators are able to contribute to the scientific and cultural growth of their nations and take development actions by making proper policies. The result of this process is the development of a balance between right owners and public interests. This article was primarily aimed to obtain a meaning of educational use using the descriptive-analytical method of library and desktop studies of international conventions and national laws. The next objective was to assess the success of these laws in attaining the goals set by the legislator. Finally, it was concluded that the notion of training application differs based on the legislation of each country, but it shall be interpreted within the framework of the three-step test. Although the enforcement of technical and legal laws by right owners undermines the exception to some extent, the legislator is allowed to prevent the subversion by taking measures such as negating the effect of agreements opposed to this exception or commissioning the payment of proper dues.

Keywords

References

 
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Civil Law Knowledge
Volume 6, Issue 1 - Serial Number 1
September 2017
Pages 19-30

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