TY - RPRT
T1 - Report scientifico di analisi e comparazione delle eccezioni al diritto d'autore per usi didattici e dei principali modelli di licenze e accordi tra titolari dei diritti e istituti d'istruzione
T2 - Knowledge, Creativity and Fair Uses in Higher Education
AU - Mazziotti, Giuseppe
PY - 2010/12
Y1 - 2010/12
N2 - This study focuses on the legal treatment of educational uses of copyrighted works under Italian law. Considering the very narrow room for free, unauthorized educational uses under Article 70 of the Italian Copyright Act, one would expect a large recourse to rights clearance mechanisms ensuring a wide and legitimate use of copyrighted works for educational purposes (especially when such works are communicated through digital networks and are used on e-learning platforms). Unfortunately, this is not the case of Italy, where neither stakeholders nor competent authorities have taken steps to create an effective system of licences for educational uses. A comparative analysis of exceptions and licensing mechanisms for educational uses in a few countries of continental Europe, northern Europe and of the United States reveals solutions and contractual patterns that show possible solutions for Italy to escape from the present stalemate. In nearly all jurisdictions considered in the article, collective bargaining and collective management constitute an essential element of the regulation of educational uses of copyrighted works and set up mechanisms and levels of economic compensation for authors, publishers and other categories of right-holders. In particular, the study shows that the different typologies of licensing mechanisms concluded at the national level are strongly encouraged or implied by the legislation itself and are a direct consequence of the greater or smaller intervention of the state in the regulation and funding of the whole education system. In conclusion, the study suggests a reform of Italian law based on the examples of statutory licensing schemes created for educational uses by countries like Germany and France. Such reform would aim at legalizing a number of educational uses to the benefit of certain categories of beneficiaries through the recognition of a remuneration right in favour of copyright holders. ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿
AB - This study focuses on the legal treatment of educational uses of copyrighted works under Italian law. Considering the very narrow room for free, unauthorized educational uses under Article 70 of the Italian Copyright Act, one would expect a large recourse to rights clearance mechanisms ensuring a wide and legitimate use of copyrighted works for educational purposes (especially when such works are communicated through digital networks and are used on e-learning platforms). Unfortunately, this is not the case of Italy, where neither stakeholders nor competent authorities have taken steps to create an effective system of licences for educational uses. A comparative analysis of exceptions and licensing mechanisms for educational uses in a few countries of continental Europe, northern Europe and of the United States reveals solutions and contractual patterns that show possible solutions for Italy to escape from the present stalemate. In nearly all jurisdictions considered in the article, collective bargaining and collective management constitute an essential element of the regulation of educational uses of copyrighted works and set up mechanisms and levels of economic compensation for authors, publishers and other categories of right-holders. In particular, the study shows that the different typologies of licensing mechanisms concluded at the national level are strongly encouraged or implied by the legislation itself and are a direct consequence of the greater or smaller intervention of the state in the regulation and funding of the whole education system. In conclusion, the study suggests a reform of Italian law based on the examples of statutory licensing schemes created for educational uses by countries like Germany and France. Such reform would aim at legalizing a number of educational uses to the benefit of certain categories of beneficiaries through the recognition of a remuneration right in favour of copyright holders. ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿ ¿
M3 - Rapport
BT - Report scientifico di analisi e comparazione delle eccezioni al diritto d'autore per usi didattici e dei principali modelli di licenze e accordi tra titolari dei diritti e istituti d'istruzione
PB - University of Padova
Y2 - 16 September 2011
ER -