2nd World OER Congress Logo

The aim of the session is to raise awareness about the importance of educational exceptions to copyright law, as complimentary measures for achieving goals defined by the Open Education movement.


Presenters from all over the globe will present how copyright systems either support educational systems or raise challenges for them. Attendees will learn the basics of copyright law: how copyright can be balanced by exceptions that meet needs of the education systems, how these exceptions are implemented around the world, and how they complement open education policies. The session will include a discussion among policymakers and activists working on copyright and education around the world.

New technologies present new opportunities for open education, but also challenge the balance between exclusive rights and exceptions in the copyright law. The exception for education benefits teachers, students and researchers who need access to all types of educational and informational resources that are usually protected by copyright. A sound and balance copyright system is a crucial building block for open educational resources which influence the fairness and equality of access to educational resources.

Workshop purpose

The session is organized by the Slovenian Intellectual Property Institute, which is the partner organization of Creative Commons Slovenia, in cooperation with Communia, the International Association on the digital public domain.

The aim of the 90 minute session is to raise awareness among all Open Education stakeholders, and in particular among government representatives from UNESCO member states. We want to discuss how to include activities on copyright reform in efforts supporting the development of Open Education policies.


Day3 – Wednesday 20.9.2017

Introduction - Why copyright reform matters for OER policy

Maja Bogataj Jančič, Intellectual Property Institute, Slovenia

Alek Tarkowski, Centrum Cyfrowe Foundation / Communia Association, Poland


Overview of the global situation

Delia Browne, National Copyright Unit, Australia


Research on educational exceptions to copyright

Teresa Nobre, Creative Commons Portugal, Portugal


Moderated discussion with introductory interventions

Moderator: Alek Tarkowski

Nikola Wachter, Education International

Maria Juliana Soto, Fundacion Karisma, Colombia

Lira Samykbaeva, Soros Foundation Kyrgyzstan, Kyrgyzstan

Teresa Nobre, Creative Commons Portugal, Portugal

Damjan Hirsch, Ministry of Education, Science and Sport, Republic of Slovenia


 Q&A for Interested listeners:

Ryan Merkeley, Creative Commons

Virginia Rodes, Universidad de la República, Uruguay

 Motivation for attendees

Presenters from different regions around the globe and from different organizations will present current challenges for open education, set by copyright law. Attendees will be able to learn why right copyright is an essential building block for open educational resources and why balanced copyright law is essential for progress of open education and society in general Attendees will learn why knowledge about copyright issues are crucial factor for open education in future.

Who should attend

  • Representatives of governments, open education policy makers
  • Educators and others involved in open education
  • Researchers in the area of open education

Main organizer: maja.bogataj@ipi.si


COMMUNIA ASSOCIATION: www.communia.org
The COMMUNIA International Association on the public domain is a network of activists, researchers and practitioners from universities, NGOs and SME established in 10 Member States. The mission of COMMUNIA is to foster, strengthen and enrich the Public Domain. COMMUNIA is an international association incorporated under Belgian law. The COMMUNIA association is built on the eponymous Thematic Network, funded by the European Commission from 2007 to 2011, which issued the Public Domain Manifesto and gathered over 50 members from academia and civil society researching and promoting the digital public domain in Europe and worldwide.
COMMUNIA aims at maintaining and reinforcing a network of European and international organizations that work to inform policy discussion and strategic action on all issues related to the public domain in the digital environment and copyright rules that do not limit the public domain.

The Intellectual Property Institute, {Ipi} is a consulting, research, academic and educational institution, which operates in the fields of intellectual property law, internet law, media law, privacy and personality law.
{Ipi} is very active in the research field, especially regarding copyright law, where it frequently cooperates with universities, research institutes, art centers and other cultural and non-government organizations in Slovenia as well as abroad. It takes part in European and international projects in the wider field of intellectual property law.
{Ipi} also acts as a legal advisor to Slovenian companies, small as well as the largest leading companies in the country, while also advising individual creators and entrepreneurs. {Ipi} also advises start-up companies in their first steps in dealing with intellectual property as well as in other legal issues that they encounter in their business journey.
By participating in debates in the field of intellectual property law, {Ipi}'s goal is to mark the Slovenian mindset with new perspectives, crucial for the development of a creative and innovative society in the new millennium. In this capacity and with this goal in mind {Ipi} has joined the initiative Opening Up Slovenia with special focus to work on the copyright law for education reform.

Maja Bogataj Jančič: Maja is the founder and director of the Intellectual Property Institute, a private research, think thank and consulting institution in the field of intellectual property located in Ljubljana, Slovenia. Her research and consulting area is intellectual property, mainly copyright. She publishes in the area of copyright, intellectual property and Internet law and is a co-author of several books in this field. Her current projects include research and legal counseling to private corporations and startups and also public institutions. She is an arbiter in the domain name disputes for the domain name .si and an arbiter at The Permanent Court of Arbitration at the Chamber of Commerce and Industry of Slovenia. She is a trademark attorney. She is Creative Commons legal lead for Slovenia. She has earned her law degree from the University of Ljubljana (law, ‘96) and holds master’s degrees from Universities of Ljubljana (economics, ‘99), Harvard (law, ‘00) and Turin (intellectual property, ‘05). She earned her PhD degree (copyright law, ‘06) at the Faculty of Law, University of Ljubljana.

Delia Browne: Delia is an extremely experienced copyright law policy lawyer and is currently the National Copyright Director of Australian Schools and Technical and Advcanced Education colleges(TAFEs). Delia manages the National Copyright Unit which provides specialist copyright advice to schools and the TAFE sector, implements smart copying initiatives and conducts negotiations with collecting societies on behalf of schools and TAFE institutes. In her current role- she led the successful 2005- 2006 education law reform efforts which led to the introduction of free educational use copyright exceptions. She is currently advocating for the introduction of fair use as recommended by the Australian Law Reform Commission to the ALRC Review Copyright and the Digital Economy and again most recently by Productivity Commission Inquiry into Intellectual Property arrangments. She is the education lead of Creative Commons Australia and recently represented Creative Commons at WIPO Standing Commitee Committee on Copyright and Related Rights. Delia is one of the co-founders and the President of Peer 2 Peer University (P2PU) www.p2pu.org.

Teresa Nobre: Teresa is an attorney-at-law based in Lisbon, Portugal, and a legal expert on copyright at Communia International Association on the Digital Public Domain. She is also Creative Commons Portugal legal lead. She coordinated the research projects Educational Resources Development: Mapping Copyright Exceptions and Limitations in Europe (Creative Commons, 2014) and Best Case Scenarios for Copyright (Communia 2016). Teresa is actively involved in the copyright reform debate in Europe, and she is the legal lead of Communia’s current campaign RIGHTCOPYRIGHT (rightcopyright.eu) to fix copyright law for education. Teresa holds a university degree in Law from the University of Lisbon Faculty of Law (2003) and a LL.M. in Intellectual Property from the Munich Intellectual Property Law Center (2009).

Alek Tarkowski: Alek Tarkowski is a sociologist, policymaker and copyright reform advocate. He is the co-founder and President of Centrum Cyfrowe Foundation, a think-and-do tank building a digital civic society in Poland. He is also public Lead of Creative Commons Poland and European Policy Fellow with the Creative Commons organization.  Co-founder of Communia, a European advocacy association supporting the digital public domain, and of the Polish Coalition for Open Education (KOED). Formerly member of the Polish Board of Digitisation, an advisory body to the Minister of Digitisation (2011-2016), and member of the Board of Strategic Advisors to the Prime Minister of Poland (2008-2011), responsible for issues related to the development of digital society. Alek is a policy expert on open education and other open content policies, as well as digital education and skills. He has been involved in implementing national Open Education Policy in Poland. In recent years, he’s actively involved in building bridges between the Open Education movement and copyright reform advocacy groups.