Copyright Exceptions and Digital Technology in Educational Institutions in Thailand

Abstract

This article demonstrates that the copyright exceptions for educational institutions are an obstacle to the development of lifelong learning and distance education in Thailand, as well as preventing the use of digital technology in the Thai educational sector. This is because they only allow the distribution of educational materials by teachers and educational institutions to be done in a class or in an educational institution, so they cannot cover the situation where the institutions distribute such materials to distance-learning students via electronic means outside the institutions. Thus, this article proposes that the exception for educational institutions needs to be reformed in order to support the Thai government’s policy of distance education and lifelong learning. However, it also argues that the proposed changes recommended in this article, to extend the scope of the current exceptions to cover the distribution of educational materials outside the classroom for distance education, must be carried out together with the introduction of some additional measures to ensure that such changes will only have a limited impact on the incentives for creativity and the economic interests of copyright owners.