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Global education copyright user rights

Countries have different user rights relating to copyright around the world depending on that country's copyright legislation. The tables below document the different copyright user rights for educational purposes around the world. It documents if copyrighted material can (Green tickY) or can not (Red XN) be reproduced for different educational purposes and contexts.

The tables were produced from the Copyright User Rights Hackathon event hosted at the 5th Global Congress on IP & Public Interest in partnership with Wikimedia ZA and support from members of Wikimedia DC.

Brazil

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Limitations/Exceptions Pertaining to Educational Activity Private or Personal Use Quotations Use of Reproductions for Educational Purposes Educational Publications School Performances Educational Communications
Provision(s) / source Law No. 9610 of February 19, 1998, on Copyright and Neighboring Rights

Article 46, II

Article 46, III Article 46, IV
Permissible use
Users covered Open to anyone  Y  Y
Teachers  Y
Learners  Y
Schools  Y
Publishers
Museums/Libraries/Archives
Purposes covered Open to any purpose  Y
Teaching  Y
Learning/Study  Y  Y
For educational material
Research
Criticism or Review  Y
Criticism or Review of quoted work  Y
Illustration
Other  Y

Only for polemics

Acts covered Open to any act  Y
Reproduction  Y
Distribution
Adaptations
Translations
Collections
Performance  Y
Communication  Y
Making available
Other
Type of works excepted Open to any work  Y  Y
Literary works
Artistic works
Performances  Y
Phonograms  Y
Videograms
Broadcasts
Computer programs
Databases
Music sheets
Textbooks
Other
Proportion of work that can be used Any  Y
Partial  Y
Specify
Conditions/Preclusions Physical limitations  Y
Technological limitations
Only for non-commercial use  Y  Y
Subject to fair use/fair dealing test
Subject to 3-step test
Attribution Required
Remuneration required
Other/specify  Y

For criticism, study, and polemics.

Netherlands

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Limitations/Exceptions Pertaining to Educational Activity Private or Personal Use Quotations Use of Reproductions for Educational Purposes Educational Publications School Performances Educational Communications
Provision(s) / source Article 16b (1) & article 16c article 15a article 16 article 16/25fa article 16
Permissible use  Y  Y  Y  YArticle 25fa: if a publication was funded by public money the author (not rights holder) has the right to make the work available for free online regardless of contractual provisions.  N Most of the educational communications will fall onder article 16 which governs reproduction, making available and communication.
Users covered Open to anyone open to any natural person  Y  Y  N  Y
Teachers  Y  Y  Y  N  Y
Learners  Y  Y  Y  N  Y
Schools  Y  Y  N  Y
Publishers  Y  Y  N  Y
Museums/Libraries/Archives  Y  Y  N  Y
Purposes covered Open to any purpose  N  N  N  N
Teaching  Y  Y  N  Y
Learning/Study  Y  Y  N  N  N
For educational material  Y  Y  N  Y
Research  Y  N  N  N
Criticism or Review  Y  N  N  N
Criticism or Review of quoted work  Y  N  N  N
Illustration  Y  Y  N  Y
Other Announcements and polemics also included. musical performances not excepted.
Acts covered Open to any act  Y

only for work that was made legally available and for a 'reasonable' amount

 N
Reproduction  Y

only in for news, journals, magazines, and sheet music. Only a small part allowed to be copied.

 Y  N  Y
Distribution  Y  N  Y
Adaptations  Y  N  Y
Translations  Y  N  Y
Collections  Y  N  Y
Performance  Y

only for private non-commercial performances

 Y  N  Y
Communication  Y

only for private non-commercial performances

 Y  N  Y
Making available  Y

only for private non-commercial performances

 Y  N  Y
Other As long as it is noncommercial, and within the digital learning environment, for instance a closed electronic environment. It can take place outside the school premises. As long as it is noncommercial, and within the digital learning environment, for instance a closed electronic environment. It can take place outside the school premises.
Type of works excepted Open to any work  Y  Y  N  Y
Literary works  Y(16b), you can only make a couple copies (but use the entire work)  Y  N  Y
Artistic works  Y  Y  N  Y
Performances  Y  Y  N  Y
Phonograms  Y  Y  N  Y
Videograms  Y  Y  N  Y
Broadcasts  Y  Y  N  Y
Computer programs unclear unclear  N unclear
Databases  N unclear  N unclear
Music sheets  Y  Y

not the entire works

 N  Y

not the entire works

Textbooks  Y  Y

not the entire works

 N  Y

not the entire works

Other Buildings are specifically excluded. News, journals & magazines can only use a small portion of the work. Works that are used for entertainment (in addition to their educational purpose) other rules apply.  N For works that are used for entertainment (in addition to their educational purpose) other rules apply.
Proportion of work that can be used Any  N In principle you can only use a part of the work, but in case of small works you can use the entire work.
Partial  N
Specify Depends on what type of work. Reasonable portion of the work.  N
Conditions/Preclusions Physical limitations In private noncommercial setting  N  N  N  N
Technological limitations In private noncommercial setting  N  Y  N  Y
Only for non-commercial use  Y  N  Y  N  Y
Subject to fair use/fair dealing test  Y  N  N  N  N
Subject to 3-step test  Y  Y  Y  N  Y
Attribution Required  Y  Y  Y  N  Y
Remuneration required  Y

in case of article 16c (1) remuneration is required

 N  Y  N  Y
Other/specify Musical performance are not covered under the exception. Agreements with the collecting society have been made which allows schools to use work for a reduced price.


Russian Federation

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Limitations/Exceptions Pertaining to Educational Activity Private or Personal Use Quotations Use of Reproductions for Educational Purposes Educational Publications School Performances Educational Communications
Provision(s) / source Article 1273 of the Civil Code of Russian Federation Sub-point 1 of point 1 Article 1274 of the Civil Code of Russian Federation Article 1275 of the Civil Code of the Russian Federation Sub-point 2 of point 1 Article 1274 of the Civil Code of the Russian Federation Sub-point 2 of point 1 Article 1274 of the Civil Code of the Russian Federation
Permissible use  Y  Y  Y  Y  N  Y
Users covered Open to anyone  Y  Y  Y
Teachers  Y
Learners  Y
Schools  Y

educational institutions

Publishers
Museums/Libraries/Archives  Y

Libraries & Archives

Purposes covered Open to any purpose
Teaching  Y  Y

Schools only: purpose of exams, classes & self study

Learning/Study  Y
For educational material  Y
Research  Y
Criticism or Review  Y
Criticism or Review of quoted work  Y
Illustration
Other Any "private" purposes Other "informational purposes" Illustration only in works of educational character Illustration only in works of educational character
Acts covered Open to any act  Y  Y  Y
Reproduction  Y  Y
Distribution
Adaptations
Translations
Collections
Performance
Communication
Making available  Y

Schools my make copies available only to teaching staff and students; Libraries & Archives may make copies available only to physical persons.

Other
Type of works excepted Open to any work  Y  Y  Y
Literary works  Y  Y
Artistic works  Y  Y

if such works are published in the printed press

Performances  Y
Phonograms  Y
Videograms  Y
Broadcasts  Y
Computer programs  N
Databases  N
Music sheets  N  Y

if such works are published in the printed press

Textbooks  Y  Y

if such works are published in the printed press

Other Except architecture of buildings
Proportion of work that can be used Any
Partial
Specify Any, except for books which may not be reproduced in whole Portion shall be appropriate for the purpose of intended citation Whole articles and works of "small size", short excerpts of all other works Portion shall be appropriate for the purpose of intended purpose Portion shall be appropriate for the purpose of intended purpose
Conditions/Preclusions Physical limitations  N  N  N  N  N
Technological limitations  N  N  N  N  N
Only for non-commercial use  Y  N  Y  N  N
Subject to fair use/fair dealing test  N  N  N  N  N
Subject to 3-step test  Y  Y  Y  Y  Y
Attribution Required  Y  Y  Y  Y  Y
Remuneration required  N  N  N  N  N
Other/specify
  • Physical limitations: Generally no except for audiovisual works may not be reproduced while they are publicly performed in public place or place accessible to persons beyond usual family circle.
  • Technological limitations: Generally no except for audiovisual works may not be reproduced using professional equipment not intended for use at home.
  • 3-step test apply to any and all exceptions according to part 5 article 1229 of the Civil Code of Russian Federation.
  • Attribution is required as moral right of author to be attributed is unalienable according to Article 1265 of the Civil Code of Russian Federation.
  • No remuneration is required except for In case of phonograms and audiovisual works remuneration shall be paid but by producers and importers of reproduction equipment, not by user.
  • Users: Open to any physical person.
  • Non-commercial use: No clear indication in law but "private" purpose would most likely to be interpreted as not.

United Arab Emirates

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Limitations/Exceptions Pertaining to Educational Activity Private or Personal Use Quotations Use of Reproductions for Educational Purposes Educational Publications School Performances Educational Communications
Provision(s) / source Federal Law No. (7) of the Year 2002

Concerning Copyrights and Neighboring Rights

Article 22/1

Article 22/5   Article 22/8 Article 22/6
Is the use permitted?  Y  Y  Y  Y
Users covered Open to anyone  Y
Teachers
Learners
Schools
Publishers
Museums/Libraries/Archives
Purposes covered Open to any purpose  Y  Y
Teaching  Y
Learning/Study  Y
For educational material
Research
Criticism or Review  Y
Criticism or Review of quoted work
Illustration
Other Information
Acts covered Open to any act  Y  Y
Reproduction  Y
Distribution
Adaptations
Translations
Collections
Performance
Communication
Making available
Other
Type of works excepted Open to any work  Y  Y  Y
Literary works  Y
Artistic works
Performances
Phonograms
Videograms
Broadcasts
Computer programs  N
Databases
Music sheets
Textbooks
Other Not included fo fine and applied art and the the works of architecture.
Proportion of work that can be used Any
Partial  Y  Y
Specify
Conditions/Preclusions Physical limitations
Technological limitations
Only for non-commercial use  Y  Y
Subject to fair use/fair dealing test
Subject to 3-step test
Attribution Required  Y  Y  Y
Remuneration required
Other/specify

United Kingdom

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Limitations/Exceptions Pertaining to Educational Activity Private or Personal Use Quotations Use of Reproductions for Educational Purposes Educational Publications School Performances Educational Communications
Provision(s) / source Copyright, Designs and Patents Act 1988

Section 28B

Copyright, Designs and Patents Act 1988

Section 30

Copyright, Designs and Patents Act 1988

Section 32

Copyright, Designs and Patents Act 1988

Section 29

Copyright, Designs and Patents Act 1988

Section 34

Copyright, Designs and Patents Act 1988

Section 32

Permissible use
Users covered Open to anyone  Y  Y
Teachers  Y  Y  Y
Learners  Y  Y  Y
Schools
Publishers
Museums/Libraries/Archives  Y
Purposes covered Open to any purpose
Teaching  Y  Y for instruction  Y
Learning/Study  Y  Y for instruction
For educational material
Research  Y
Criticism or Review
Criticism or Review of quoted work
Illustration  Y  Y
Other Private use
Acts covered Open to any act  Y  Y  Y  Y  Y
Reproduction  Y
Distribution
Adaptations
Translations
Collections
Performance  Y
Communication
Making available
Other
Type of works excepted Open to any work  Y  Y  Y  Y
Literary works  Y  Y
Artistic works
Performances
Phonograms  Y
Videograms  Y
Broadcasts  Y
Computer programs
Databases
Music sheets
Textbooks
Other
Proportion of work that can be used Any  Y  Y
Partial  Y

according to government guidelines

 Y  Y

according to government guidelines

Specify Unclear: it's a fair dealing exception that has not been tested in courts.
Conditions/Preclusions Physical limitations Yes:

Audience must consist of teachers and students at the educational establishment.

Technological limitations
Only for non-commercial use  Y  Y  Y  Y  Y
Subject to fair use/fair dealing test  Y

(fair dealing)

 Y

(fair dealing)

 Y

(fair dealing)

 N  Y

(fair dealing)

Subject to 3-step test
Attribution Required  Y

required

 Y  Y  Y
Remuneration required  Y  N  N  N  N
Other/specify  N

Notes

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References

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