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Cardozo Arts & Entertainment Law Journal

Abstract

A new international instrument on copyright limitations and exceptions (L&Es) is pertinent to fostering education and research and enhancing the work of educational, research, and cultural institutions, including libraries, archives, and museums. The existing international instrument on L&Es, the Marrakesh Treaty, sits alone amongst many international copyright instruments for the protection of rightsholders, the Marrakesh Treaty only covering exceptions for print-disabled persons. There is currently no international obligation on countries to guarantee the interests of copyright users in education and research through a set of copyright limitations and exceptions. This has signficant negative effects on access to education and research endeavors, more so in a digital environment where individuals and institutions need greater as well as harmonized L&Es to pursue cross-border and collaborative educational and research activities. This paper traces the history of L&Es in the international copyright system and the events that have led to demands for legally binding international obligations to protect users' interests in copyrighted materials. It argues that contrary to the detractors of a new international instrument on copyright L&Es, there are strategic and substantive reasons to develop and adopt a multilateral treaty instrument on L&Es for education and research purposes. Such an instrument will, amongst other things, further the incremental balancing of the international copyright system; provide the much-needed certainty on the minimum scope of permissible L&Es in national laws; facilitate digital and cross-border education and research; create binding obligations regarding L&Es for education and research; facilitate the realization of the right of education globally; diffuse power in the international copyright system; and protect the policy space for L&Es in developing countries. A new international instrument on copyright limitations and exceptions is fully consistent with existing international copyright rules. It gives lfe to existing rules, including provisions in the TRIPS Agreement and the WIPO Copyright Treaty.

Disciplines

Entertainment, Arts, and Sports Law | Human Rights Law | Intellectual Property Law | Law | Law and Society

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