The Legal Concept of Educational Fair Use: A Comparative Study on International Compliance between Indonesia & Myanmar Copyright Law

The Legal Concept of Educational Fair Use: A Comparative Study on International Compliance between Indonesia & Myanmar Copyright Law

Fair use is the accommodation of balancing between the interest of the copyright owner and the non commercial user.“The three step tests”were stated in Article 9 of the Berne Convention for the authorization to its member states to get a reproduction of the literary and creative works in certain instances supplied that such reproduction must not be in a conflicted pos ition with regular and fair exploitation of the works and unreasonably prejudice the valid interest of the creator or owner of copyrights.“The three step tests”were adopted in Article 13 of the Agreement on Trade Related Aspects of Intellectual Property Rights TRIPS Agreement Through the juridical normative approach focused on analyzing the comparison of copyright legal systems between Indonesia and Myanmar, this research found that Indonesia enacted the new Copyright Law in 2014, while Myanmar address ed the new Copyright Law in 2019 both in line with the minimum standards of TRIPs Agreement Regarding educational purposes, both Indo n esia and Myanmar Copyright laws provide important exceptions that are specifically aimed at non commercial and/or educati onal purposes and public library archival institution context. H owever, it’s important to formulate globally accepted official guidelines for determining educational fair use that offers rules of thumb in determining whether the certain model of utilizat ion qualified as fair use in a variety of educational contexts, including distance learning followed by synergy and collaboration approach between government, academic, and libraries so that educational fair use shall be practiced in accorda nce with nation al legislation and compliance with international copyright regulations.