Global education copyright user rights

Countries have different user rights relating to copyright around the world depending on that country's copyright legislation. The tables below document the different copyright user rights for educational purposes around the world. It documents if copyrighted material can (Y) or can not (N) be reproduced for different educational purposes and contexts.

The tables were produced from the Copyright User Rights Hackathon event hosted at the 5th Global Congress on IP & Public Interest in partnership with Wikimedia ZA and support from members of Wikimedia DC.

Brazil

Limitations/Exceptions Pertaining to Educational Activity		Private or Personal Use	Quotations	Use of Reproductions for Educational Purposes	Educational Publications	School Performances	Educational Communications
Provision(s) / source		Law No. 9610 of February 19, 1998, on Copyright and Neighboring Rights Article 46, II	Article 46, III	Article 46, IV
Permissible use
Users covered	Open to anyone	Y	Y
	Teachers			Y
	Learners			Y
	Schools			Y
	Publishers
	Museums/Libraries/Archives
Purposes covered	Open to any purpose	Y
	Teaching			Y
	Learning/Study		Y	Y
	For educational material
	Research
	Criticism or Review		Y
	Criticism or Review of quoted work		Y
	Illustration
	Other		Y Only for polemics
Acts covered	Open to any act		Y
	Reproduction	Y
	Distribution
	Adaptations
	Translations
	Collections
	Performance			Y
	Communication			Y
	Making available
	Other
Type of works excepted	Open to any work	Y	Y
	Literary works
	Artistic works
	Performances			Y
	Phonograms			Y
	Videograms
	Broadcasts
	Computer programs
	Databases
	Music sheets
	Textbooks
	Other
Proportion of work that can be used	Any			Y
	Partial	Y
	Specify
Conditions/Preclusions	Physical limitations			Y
	Technological limitations
	Only for non-commercial use	Y		Y
	Subject to fair use/fair dealing test
	Subject to 3-step test
	Attribution Required
	Remuneration required
	Other/specify		Y For criticism, study, and polemics.

Netherlands

Limitations/Exceptions Pertaining to Educational Activity		Private or Personal Use	Quotations	Use of Reproductions for Educational Purposes	Educational Publications	School Performances	Educational Communications
Provision(s) / source		Article 16b (1) & article 16c	article 15a	article 16	article 16/25fa		article 16
Permissible use		Y	Y	Y	YArticle 25fa: if a publication was funded by public money the author (not rights holder) has the right to make the work available for free online regardless of contractual provisions.	N	Most of the educational communications will fall onder article 16 which governs reproduction, making available and communication.
Users covered	Open to anyone	open to any natural person	Y	Y		N	Y
	Teachers	Y	Y	Y		N	Y
	Learners	Y	Y	Y		N	Y
	Schools		Y	Y		N	Y
	Publishers		Y	Y		N	Y
	Museums/Libraries/Archives		Y	Y		N	Y
Purposes covered	Open to any purpose		N	N		N	N
	Teaching		Y	Y		N	Y
	Learning/Study	Y	Y	N		N	N
	For educational material		Y	Y		N	Y
	Research		Y	N		N	N
	Criticism or Review		Y	N		N	N
	Criticism or Review of quoted work		Y	N		N	N
	Illustration		Y	Y		N	Y
	Other		Announcements and polemics also included.			musical performances not excepted.
Acts covered	Open to any act		Y only for work that was made legally available and for a 'reasonable' amount			N
	Reproduction	Y only in for news, journals, magazines, and sheet music. Only a small part allowed to be copied.		Y		N	Y
	Distribution			Y		N	Y
	Adaptations			Y		N	Y
	Translations			Y		N	Y
	Collections			Y		N	Y
	Performance	Y only for private non-commercial performances		Y		N	Y
	Communication	Y only for private non-commercial performances		Y		N	Y
	Making available	Y only for private non-commercial performances		Y		N	Y
	Other			As long as it is noncommercial, and within the digital learning environment, for instance a closed electronic environment. It can take place outside the school premises.			As long as it is noncommercial, and within the digital learning environment, for instance a closed electronic environment. It can take place outside the school premises.
Type of works excepted	Open to any work		Y	Y		N	Y
	Literary works	Y(16b), you can only make a couple copies (but use the entire work)		Y		N	Y
	Artistic works	Y		Y		N	Y
	Performances	Y		Y		N	Y
	Phonograms	Y		Y		N	Y
	Videograms	Y		Y		N	Y
	Broadcasts	Y		Y		N	Y
	Computer programs	unclear		unclear		N	unclear
	Databases	N		unclear		N	unclear
	Music sheets	Y		Y not the entire works		N	Y not the entire works
	Textbooks	Y		Y not the entire works		N	Y not the entire works
	Other	Buildings are specifically excluded. News, journals & magazines can only use a small portion of the work.		Works that are used for entertainment (in addition to their educational purpose) other rules apply.		N	For works that are used for entertainment (in addition to their educational purpose) other rules apply.
Proportion of work that can be used	Any					N	In principle you can only use a part of the work, but in case of small works you can use the entire work.
	Partial					N
	Specify	Depends on what type of work.	Reasonable portion of the work.			N
Conditions/Preclusions	Physical limitations	In private noncommercial setting	N	N		N	N
	Technological limitations	In private noncommercial setting	N	Y		N	Y
	Only for non-commercial use	Y	N	Y		N	Y
	Subject to fair use/fair dealing test	Y	N	N		N	N
	Subject to 3-step test	Y	Y	Y		N	Y
	Attribution Required	Y	Y	Y		N	Y
	Remuneration required	Y in case of article 16c (1) remuneration is required	N	Y		N	Y
	Other/specify					Musical performance are not covered under the exception. Agreements with the collecting society have been made which allows schools to use work for a reduced price.

Russian Federation

Limitations/Exceptions Pertaining to Educational Activity		Private or Personal Use	Quotations	Use of Reproductions for Educational Purposes	Educational Publications	School Performances	Educational Communications
Provision(s) / source		Article 1273 of the Civil Code of Russian Federation	Sub-point 1 of point 1 Article 1274 of the Civil Code of Russian Federation	Article 1275 of the Civil Code of the Russian Federation	Sub-point 2 of point 1 Article 1274 of the Civil Code of the Russian Federation		Sub-point 2 of point 1 Article 1274 of the Civil Code of the Russian Federation
Permissible use		Y	Y	Y	Y	N	Y
Users covered	Open to anyone		Y		Y		Y
	Teachers	Y
	Learners	Y
	Schools			Y educational institutions
	Publishers
	Museums/Libraries/Archives			Y Libraries & Archives
Purposes covered	Open to any purpose
	Teaching		Y	Y Schools only: purpose of exams, classes & self study
	Learning/Study		Y
	For educational material		Y
	Research		Y
	Criticism or Review		Y
	Criticism or Review of quoted work		Y
	Illustration
	Other	Any "private" purposes	Other "informational purposes"		Illustration only in works of educational character		Illustration only in works of educational character
Acts covered	Open to any act		Y		Y		Y
	Reproduction	Y		Y
	Distribution
	Adaptations
	Translations
	Collections
	Performance
	Communication
	Making available			Y Schools my make copies available only to teaching staff and students; Libraries & Archives may make copies available only to physical persons.
	Other
Type of works excepted	Open to any work		Y		Y		Y
	Literary works	Y		Y
	Artistic works	Y		Y if such works are published in the printed press
	Performances	Y
	Phonograms	Y
	Videograms	Y
	Broadcasts	Y
	Computer programs	N
	Databases	N
	Music sheets	N		Y if such works are published in the printed press
	Textbooks	Y		Y if such works are published in the printed press
	Other	Except architecture of buildings
Proportion of work that can be used	Any
	Partial
	Specify	Any, except for books which may not be reproduced in whole	Portion shall be appropriate for the purpose of intended citation	Whole articles and works of "small size", short excerpts of all other works	Portion shall be appropriate for the purpose of intended purpose		Portion shall be appropriate for the purpose of intended purpose
Conditions/Preclusions	Physical limitations	N	N	N	N		N
	Technological limitations	N	N	N	N		N
	Only for non-commercial use	Y	N	Y	N		N
	Subject to fair use/fair dealing test	N	N	N	N		N
	Subject to 3-step test	Y	Y	Y	Y		Y
	Attribution Required	Y	Y	Y	Y		Y
	Remuneration required	N	N	N	N		N
	Other/specify

• Physical limitations: Generally no except for audiovisual works may not be reproduced while they are publicly performed in public place or place accessible to persons beyond usual family circle.
• Technological limitations: Generally no except for audiovisual works may not be reproduced using professional equipment not intended for use at home.
• 3-step test apply to any and all exceptions according to part 5 article 1229 of the Civil Code of Russian Federation.
• Attribution is required as moral right of author to be attributed is unalienable according to Article 1265 of the Civil Code of Russian Federation.
• No remuneration is required except for In case of phonograms and audiovisual works remuneration shall be paid but by producers and importers of reproduction equipment, not by user.
• Users: Open to any physical person.
• Non-commercial use: No clear indication in law but "private" purpose would most likely to be interpreted as not.

United Arab Emirates

Limitations/Exceptions Pertaining to Educational Activity		Private or Personal Use	Quotations	Use of Reproductions for Educational Purposes	Educational Publications	School Performances	Educational Communications
Provision(s) / source		Federal Law No. (7) of the Year 2002 Concerning Copyrights and Neighboring Rights Article 22/1	Article 22/5	Article 22/8		Article 22/6
Is the use permitted?		Y	Y	Y		Y
Users covered	Open to anyone	Y
	Teachers
	Learners
	Schools
	Publishers
	Museums/Libraries/Archives
Purposes covered	Open to any purpose	Y				Y
	Teaching			Y
	Learning/Study		Y
	For educational material
	Research
	Criticism or Review		Y
	Criticism or Review of quoted work
	Illustration
	Other		Information
Acts covered	Open to any act	Y	Y
	Reproduction			Y
	Distribution
	Adaptations
	Translations
	Collections
	Performance
	Communication
	Making available
	Other
Type of works excepted	Open to any work	Y	Y			Y
	Literary works			Y
	Artistic works
	Performances
	Phonograms
	Videograms
	Broadcasts
	Computer programs	N
	Databases
	Music sheets
	Textbooks
	Other	Not included fo fine and applied art and the the works of architecture.
Proportion of work that can be used	Any
	Partial		Y	Y
	Specify
Conditions/Preclusions	Physical limitations
	Technological limitations
	Only for non-commercial use	Y		Y
	Subject to fair use/fair dealing test
	Subject to 3-step test
	Attribution Required		Y	Y		Y
	Remuneration required
	Other/specify

United Kingdom

Limitations/Exceptions Pertaining to Educational Activity		Private or Personal Use	Quotations	Use of Reproductions for Educational Purposes	Educational Publications	School Performances	Educational Communications
Provision(s) / source		Copyright, Designs and Patents Act 1988 Section 28B	Copyright, Designs and Patents Act 1988 Section 30	Copyright, Designs and Patents Act 1988 Section 32	Copyright, Designs and Patents Act 1988 Section 29	Copyright, Designs and Patents Act 1988 Section 34	Copyright, Designs and Patents Act 1988 Section 32
Permissible use
Users covered	Open to anyone		Y			Y
	Teachers			Y		Y	Y
	Learners			Y		Y	Y
	Schools
	Publishers
	Museums/Libraries/Archives		Y
Purposes covered	Open to any purpose
	Teaching			Y		Y for instruction	Y
	Learning/Study				Y	Y for instruction
	For educational material
	Research				Y
	Criticism or Review
	Criticism or Review of quoted work
	Illustration			Y			Y
	Other	Private use
Acts covered	Open to any act	Y	Y	Y	Y		Y
	Reproduction					Y
	Distribution
	Adaptations
	Translations
	Collections
	Performance					Y
	Communication
	Making available
	Other
Type of works excepted	Open to any work	Y	Y	Y	Y
	Literary works					Y	Y
	Artistic works
	Performances
	Phonograms					Y
	Videograms					Y
	Broadcasts					Y
	Computer programs
	Databases
	Music sheets
	Textbooks
	Other
Proportion of work that can be used	Any	Y				Y
	Partial			Y according to government guidelines	Y		Y according to government guidelines
	Specify		Unclear: it's a fair dealing exception that has not been tested in courts.
Conditions/Preclusions	Physical limitations					Yes: Audience must consist of teachers and students at the educational establishment.
	Technological limitations
	Only for non-commercial use	Y		Y	Y	Y	Y
	Subject to fair use/fair dealing test		Y (fair dealing)	Y (fair dealing)	Y (fair dealing)	N	Y (fair dealing)
	Subject to 3-step test
	Attribution Required		Y required	Y	Y		Y
	Remuneration required	Y		N	N	N	N
	Other/specify					N