Abstract

The pandemic has made it necessary for schools and universities to introduce e-learning. One of major challenges that the recent situation has posed for the educational system is the need to secure lawful use of teaching materials. Many of them qualify as objects of copyright (literary works, photographs, computer games); therefore it is vital that the use thereof will not infringe relevant exclusive rights. In the article we discuss the statutory limitations of copyright (the so-called “permitted use”) related to education, especially in the context of e-learning. If we understand education narrowly, i.e. as a systematic process of teaching one person by another, especially in an establishment such as a school or a university, the relevant types of permitted use shall be those regulated by Art. 27 and Art. 271 of the Copyright Act 1994. When a broader approach to understanding education is adopted (that covers any action of imparting or acquiring knowledge, even without a teacher, tutor or instructor), it might be necessary to take into account the provisions of Art. 29 and art. 28 of the Copyright Act 1994 as well. We also reflect on general limitations of permitted use (the so-called “three-steps test”), and possible further regulation of permitted “educational” use as a consequence of implementation of EU Directive 2019/790.