Higher Education in the International Digital Economy: Effects of Conflicting Copyright Regimes on Cross-Border Teaching

A survey of teachers in higher education who teach across borders shows that they experience, in all regions of the world, similar problems with inability to access materials for themselves or their students. They also find that they need to change course design, materials, or assignments because of perceived copyright-related problems. These problems can range from geographically restricted content to inaccessibly high-priced materials to contract limitations on access to library-purchased materials. Educators’ most common copyright problems are not amenable to copyright exceptions for the most part, since their most common problem is access to material at all. This problem arises because of the nature of libraries’ contract terms enabled by copyright, automated practices of applications and platforms, and institutional requirements. Further, educators are also generally poorly informed and poorly supported in understanding copyright, including educational exceptions and exceptions such as fair dealing or fair use. These challenges, both in law and in lack of education, limit the growth of globally accessible higher education. Keywords: higher education, copyright, exceptions and limitations, teaching