USE OF COPYRIGHT PROTECTED WORKS IN THE EDUCATIONAL PROCESS

Abstract

Copyright is one of the intellectual property rights whose main activity is to promote creativity and protect the ownership of the author. However, these rights are not absolute and are subject to certain restrictions.

In the Berne Convention, Agreement on Trade-Related Aspects of Intellectual Property Rights and also WIPO Copyright Treaty embodied so-called “three-step test” allowing exceptions to copyright protection. They state that exceptions to copyright protection are admissible only in specific cases; if they comply with the rules of normal exploitation of the author's work; and do not unreasonably prejudice the legitimate rights of the author.

While respecting the restrictions contained in international conventions, the Latvian Copyright Law also lays down various restrictions, when the author's work can be used without a special permit for the use of the author's work or for free, such as in the educational or research process. The free use of copyright-protected materials constitutes a restriction on the economic rights of copyright holders. These restrictions aim to strike a balance between the rights of the author and the interests of the public. Although copyright-protected works can be used in education almost everywhere in the world, restrictions on the exercise of these rights have not been clearly established.

The aim of this paper is to research limits use of copyright-protected works in the educational process. Basis for this analysis will be the international and national legal framework about copyright exceptions in educational process.

In the development of the research used an analytical method of scientific research, as well as a method of interpreting grammatical, teleological and historical legal norms. For the conclusions used inductive and deductive method of scientific research.