Education and the Use of Copyrighted Works: Three-Step Test v. “Fair” Doctrines and the New Licensing Schemes

Abstract

The right to education has been acknowledged and mentioned since the first international human rights documents. Each state must ensure the availability and accessibility of education because everyone is entitled to education. Moreover, competent institutions must guarantee its quality. Using copyrighted works for educational purposes is vital to achieving this primary goal. Uncontrolled use of works carries the possibility of copyright infringement, which is per se recognized as another human right. In potential human rights conflict, finding solutions means finding the golden mean to balance divergent interests rather than establishing a hierarchy of rights and prioritizing one on the expenses of another. International copyright documents have introduced exceptions and limitations (E&L) to the author’s rights to provide a more liberated yet rational use of copyrighted works for education. E&L not only promote education but also guarantee that copyrighted works are used for the intended purpose, avoiding abuse. This paper addresses the E&L as a legal solution to mitigate the tension arising from the simultaneous application of the right to education and copyright, thus seeking to clarify where the line between using copyright for educational purposes and infringing copyright is drawn. It examines international implementation of E&L and domestic E&L schemes in Common Law and Civil Law traditions, contributing to the significant augmentation of the dissemination of literary, artistic, and scientific works for educational purposes. The paper will analyse the differences between conventional E&L schemes and the new licenses for educational establishments.

Received: 27 August 2025 / Accepted: 17 October 2025 / Published: 05 November 2025