The European Copyright Reform and the Right to Education Cover Image
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Европейската авторскоправна реформа и правото на образование
The European Copyright Reform and the Right to Education

Author(s): Ana Lazarova
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Софийски университет »Св. Климент Охридски«
Keywords: copyright; right to education’; copyright reform of the EU; exceptions from and restrictions on copyright; educational exception; illustrative purposes in teaching activities; free use

Summary/Abstract: In the past few years the crisis caused by COVID-19 coincided with the copyright reform which is under way in the European Union (ЕU). Remote education has been the main subject in both contexts. One of the objectives of the new Directive (ЕU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market is to harmonize the regime of using copyright-protected works for the purposes of remote and cross-border education. It is in the form of mandatory exception from copyright that, for illustrative purposes in teaching activities, the EU has tried to set up a universally applicable mechanism for balancing the competing contrary rights: on the one hand, the exclusive copyright and related rights and, on the other hand, the fundamental human right to education and the freedom of expression. Although the deadline for the introduction of this mechanism in the national legislation of the Member States was June 2021, the majority thereof have not implemented the new requirements yet, which is due to their ambiguous and contradictory nature. In times of strong social interest in the opportunities for continual online training, the question of how the national legislator will conciliate the contrary fundamental rights within the context of the new educational exception becomes extremely topical, including in Bulgaria.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 74-92
  • Page Count: 19
  • Language: Bulgarian