APPLICATION OF COPYRIGHT EXCEPTION TO DIGITAL EDUCATION IN LITHUANIA FOR TEACHING AND SCIENTIFIC RESEARCH PURPOSES

Abstract

This paper examines the transformation of copyright limitations on the free use of works for educational and research purposes in the context of distance learning. As technology advances, educational institutions increasingly use digital learning tools which include copyrighted material. The European Union has continuously tried to harmonise copyright laws across the Member States by adopting directives, such as the Information Society Directive, and providing exceptions for using works for educational purposes. However, national legislators have been given a great deal of freedom, resulting in divergent implementation in the Member States. Lithuania, in line with the EU law, included an exception to the copyright law to allow the use of small parts of works for educational and scientific research purposes. However, the law did not explicitly address digital use and cross-border education, which caused difficulties during the COVID-19 pandemic. To meet the challenges of the digital age, in 2019, the EU adopted the Digital Market Directive, which entered into force in May 2022 and provided for a mandatory copyright exception for educational purposes. This directive aimed to modernise copyright law by facilitating the use of works in digital and cross-border education.  Despite the updates to the copyright exceptions, several problematic aspects remained. The Directive restricts the digitization of a whole textbook or the use of whole works for educational purposes. The updated legal framework is considered modern, but it has only partially addressed the challenges posed by technological advances. The article therefore stresses the need for continuous assessment of the digitization and hosting of distance learning materials and copyright infringement.