The Fairness of ?Stealing? Knowledge for Education

• Author: Ratnaria Wahid
• Position: School of Law, University of East Anglia
• Pages: 86-95

JICLT

Journal of International Commercial Law and Technology

Vol. 6, Issue 2 (2011)

86

The Fairness of ‘Stealing’ Knowledge for Education

Ratnaria Wahid

School of Law, University of East Anglia

R.Wahid@uea.ac.uk

Abstract. Despite the success o f technology in terms of making it much more convenient

to gain education, copyright law seems to hamper the stre ngth and oppo rtunity of information

technology in relation to providing access to knowledge and education. With this in mind, this

paper examines the applicatio n of copyright law in the context of education in both traditional and

modern methods of teaching. It discusses the problem associated with the uncertainties and lack of

awareness amongst copyright users, as well as the controlling behaviours of copyright owners.

This paper further relates th e problem of uncertainties to broad provisions of e xceptions in

international copyright instruments, and further narro ws down the interpretation of ‘fair’ dealing in

the context of domestic laws. T his paper argues that a liberal approach to copyright is fundamental

when providing discretion for countries to interpret and implement their international copyright

obligations, which ar e considered suitable to their different needs. As such, private international

litigation can contribute to adopting a more balanced and more re spectful approach to national

differences and national norms.

1. Education, ICT and Copyright Law

Education systems are regarded as contributing to internatio nal knowledge public goods. As a public good,

education is characterised as being non-excludable, meaning that, once it has been provided, nobody can be

excluded from enjoying its benefits. Education as a public good must therefore be considered non-rival in terms

of consumption, i.e. one person benefits from the public good without reducing the amount available to others

(Dirk Willem te Velde, 2005). Since education is considered to be a public good, various efforts have therefore

been taken so as to provide education to the public.

Recent developments in relation to information technology ha ve invariably shifted traditional methods of

knowledge delivery fro m verbal communication and chalkboar ds to a more visually enhanced experience. More

advanced classroom activities today rely upon a variety of b oth basic and advanced telecommunications

technologies, such as one-way and two-way open or scrambled broadcasts, c able and satellite delivery, fibre

optics and microwave links, CD-ROMS, and the Internet.

Higher educatio nal institutions are increasingly implementing the use of information communication

technology in teaching activities. T his is owing to the fact that it is convenient, self-paced, individualised,

interactive, faster, cheap er, and has the ability to provide learning everywhere and at any time, overcoming

geographical barriers (UNESCO, 2009).

Conformable to education, the encouragement o f learning is also the aim for the fir st establishment of

Copyright law under the Statute of Anne in 1710. A similar purpose of establishment of Copyright law in the

United States was also expressed in Article 1(8) (8) of its Constitution, which is to ‘promote the progress of

science and useful Arts’. Simply said, copyright law is also created to promote and encourage learning, thereby

acting for public goo d. By granting copyright protection for a limited time by providing authors with incentives,

more learning materials could be created for the benefit of the communit y.

Logically, one would expect that education, c opyright law and information technology would be an ideal

combination that works well together in order to disseminate knowledge a nd information for the benefit of the