Wykorzystywanie utworów w dydaktyce w świetle ochrony autorskoprawnej. Dozwolony użytek i otwarte zasoby edukacyjne

Fair use allows to certain limited uses of copyrighted work without permission from the author or right holder. As a limitation and exception to the exclusive right of the author of a creative work fair use is permitted for educational purposes in the Polish law and is covered by the Polish copyright law articles. In view of high importance of education fair use for educational purposes seems to be wholly justified. The paper presents the issue of possible use of copyrighted works in teaching process which comes from the Polish Act on Copyright and Related Rights. It analyses whether the provisions are adequate in the face of the development of digital and web-based information technology. Some amendments to the Polish copyright law are proposed. Another issue discussed in the paper is whether and to what extend so-called Open Educational Resources (OER – freely accessible, openly licensed documents and media that are useful for teaching, learning etc.) can present a real alternative to fair use.