Necesidad de nuevas limitaciones o excepciones para facilitar la digitalización y puesta a disposición de obras protegidas en el marco de la educación virtual
The present study aims to analyze whether the limitations or exceptions established in Latin American and Caribbean countries respond to the current requirements of copyright and the interaction with the right to education and access to research, or whether it is in fact necessary to change the exis...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2010
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3647730 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 14, 2010, pags. 195-208 |
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| Summary: |
The present study aims to analyze whether the limitations or exceptions established
in Latin American and Caribbean countries respond to the current requirements
of copyright and the interaction with the right to education and access to research,
or whether it is in fact necessary to change the existing limitations or exceptions or
create new ones, so as to re-establish the vital balance between rights and interests,
in keeping with current social and economic phenomena resulting from technological
developments. An outline is given of the national and international regulatory
framework, followed by an analysis of the way in which rights and interests come
together around copyright and the right to education and access to knowledge. The
present study considered the way that the countries in the region have provided
in their laws for limitations or exceptions in order to promote the right to education
and access to knowledge. At present the provisions in the copyright laws of
the United States or in the European Union give greater recognition to education
and research than those in the current laws in Latin America and the Caribbean.
An example of provisions that have favored the balance of rights and interests is
the case of the limitations or exceptions applicable to the digital environment in
favor of distance education that the United States provided for within the context
of the Teach Act of 2002, or the treatment given by the European Directive to the
interface between the protection of technological protection measures and limitations
or exceptions in favor of education. |
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