Three Hundred Years Since the Statute of Anne, from 1709 to Cyberspace
Edited by Lionel Bently, Uma Suthersanen and Paul Torremans
Chapter 16: Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation?
16. Digital libraries in the current legal and educational environment: towards a remunerated compulsory license or limitation? Raquel Xalabarder* 1 INTRODUCTION All copyright instruments mention education as a public interest that justifies an exception or limitation to the authors’ exclusive rights. Educational purposes have always been present in the the Berne Convention since its very origins in 1886.1 ‘Teaching, scholarship or research’ purposes are also envisioned in the Universal Copyright Convention of 1966 (Art. Vter). And the WIPO Copyright Treaty of 19962 expressly referred to education in its Preamble, when ‘Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, as reflected in the Berne Convention’. More recently, the EU Directive on Copyright in the Information Society3 stressed its goal ‘to promote learning and culture by protecting works and other subject-matter while permitting exceptions or limitations in the public interest for the purpose of education and teaching’ (Recital 14). Dra. Raquel Xalabarder, Universitat Oberta de Catalunya. See Berne Convention for the Protection of Literary and Artistic Works, of 9 September 1886, as revised at Paris on 24 July 1971 and amended in 1979 [hereinafter, Berne Convention or BC]. 2 See WIPO Copyright Treaty of 20 December 1996 [hereinafter, WCT]. A parallel clause can be found in the Preamble of the WIPO Performances and Phonograms Treaty of 20 December 1996 [hereinafter, WPPT]. 3 See Directive 2001/29/EC of the European Parliament and of the Council of 22 May...
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