American University
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Copyright, Technology, and Education for the 21st Century: Colombia's Experience with the United States Free Trade Agreement's Copyright Provisions Pertaining to Internet Service Providers and Technological Protection Measures

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posted on 2023-09-07, 05:08 authored by Marcela Palacio Puerta

Technology has become essential for education. Many countries around the world have started to incorporate technology in the educational environment, thereby changing the educational process in order to give 21st-century learners the new abilities they need. Moreover, for developing countries, the use of technology in education represents an opportunity to solve salient problems of their educational systems. Nonetheless, countries have left aside the fact that copyright law governs how that technology can be effectively used in education. Although the connection between copyright and education has been a hotly debated topic since the beginning of copyright law; the literature has not addressed the connection between the incorporation of ICTs in education and copyright law. Nor has the literature has addressed the United States-Colombia Free Trade Agreement’s copyright provisions’ consequences on education. Therefore, for the first time in the literature, this dissertation brings together three controversial subjects in the copyright field: education, technology, and FTAs focusing in the case of the U.S.-Colombia Free Trade agreement. First, this dissertation explains the transformation of the learning process by the use of the technology and its ability to solve salient problems of Colombia’s educational system. Then, the dissertation analyzes how a copy-and-paste implementation of the international standards of copyright protection specifically regarding limitations on the liability of Internet Service Providers and protection of technological protection measures may restrain the ability to solve salient crisis in the educational system, even when copyright is not at stake. Finally, using the cases of Chile and Australia, this dissertation examines how a copy-and-paste implementation of the U.S. free trade agreements’ obligations is not the only way of complying with the FTAs’ requirements. This dissertation becomes an important source of information for policy makers in developing countries who are confronting the obligation to implement the U.S. FTAs’ copyright chapters but at the same time are betting on the use of the technology in education. It is also useful for educators in the field, for educational institutions, and an important addition to the existing literature on the subject





Degree awarded: S.J.D. Washington College of Law. American University


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American University. Washington College of Law

Degree level

  • Doctoral

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