知識接觸與越南教育－以著作權的限制與例外之法制重構為中心

Abstract

本文討論越南著作權法對教育上接觸知識的限制，並提出相關的改革建議。

This Article provides detailed recommendations of restructuring copyright limitations and exceptions in Vietnamese copyright law so that it can support for education by ensuring the public can access to knowledge. Although Vietnam has recently made significant achievements in increasing living standards and reducing poverty, educational development in this country Vietnam is typically slow and outdated.This country has a large amount of unskilled people that have been exploited by other countries for cheap labor. While Vietnam has had economic growth in the short term, this is not truly development in the long term and will not last. Many reasons contribute to this problem, but the most important reason is the shortage of advanced knowledge in textbooks and other educational materials. Access to cultural works for education is significantly restricted because of copyright protections. Article argues that copyright limitations and exceptions can provide the possibility of accessing and using copyright works for educational purpose with free of charge or reasonable compensation to the copyright owner. In doing this enhance access to knowledge for learning in this country. This Article examines knowledge access demand for education in Vietnam. Currently, Vietnam is confronting the shortage of knowledge access for education, especially higher education. This shortcoming partly stems from strict copyright protection so that educational sector cannot afford to access on fresh knowledge expressed in copyright works. Reconstructing limitations and exceptions to copyright toward enlarging their scope are a good solution to resolve access issue in Vietnam. This Article provides main suggestions: (1) adopting fair use; (2) introducing licensing schemes for educational institutions; (3) broadening the rights for libraries in serving customers for educational purpose; and (4) raising its voice in copyright international arguments for supporting education in developing countries