Free Use of Copyrighted Objects for Educational Purposes: Problems and Perspectives

The purpose of the work is to determine the need and prospects for changing the current copyright restrictions for educational purposes in the Russian Federation. To achieve this purpose, the following tasks are solved: - the political and legal reasons for the emergence of copyright restrictions for educational purposes are analyzed; - constitutional and international legal norms underlying copyright restrictions for educational purposes are studied; - the current copyright restrictions for educational purposes in foreign legal systems (United States of America, European Union) are examined and compared with Russian regulations; - a critical assessment of the Russian regulations on copyright restrictions for educational purposes is presented, and practical problems created by such regulations are identified. Based on the legal framework, law enforcement practice (Russian and foreign) and doctrinal sources, a conclusion is drawn about the excessive formalism of Russian restrictions on copyright for educational purposes, their narrow scope, as well as the lack of regulation in the Russian Federation of a number of significant issues related to the use of works in the field of education (use of works in the digital environment, use of orphan works and out of commerce works, restrictions on moral rights for educational purposes). Proposals are being put forward both to change existing legal norms and to adopt additional legal norms that will help eliminate current disadvantages, as well as maintain a balance of interests of copyright holders and society.