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Xalabarder, Raquel --- "Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation?" [2010] ELECD 511; in Bently, Lionel; Suthersanen, Uma; Torremans, Paul (eds), "Global Copyright" (Edward Elgar Publishing, 2010)

Book Title: Global Copyright

Editor(s): Bently, Lionel; Suthersanen, Uma; Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848447660

Section: Chapter 16

Section Title: Digital Libraries in the Current Legal and Educational Environment: Towards a Remunerated Compulsory License or Limitation?

Author(s): Xalabarder, Raquel

Number of pages: 22

Extract:

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 justi-
fies 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, par-
ticularly 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.
1 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 [herein-
after, 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 ...