Legal Aspects Distance Learning in the Context of the Covid-19 Pandemic

Kambovski, Igor and Josifovic, Ivica (2022) Legal Aspects Distance Learning in the Context of the Covid-19 Pandemic. International Journal - Knowledge, 55 (6). pp. 1157-1163. ISSN 2545 – 4439

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Abstract

The pandemic of the COVID-19 virus and its consequences caused very serious changes in the daily behavior of people, but also in all spheres of social life and work. Uncertainty and fear of the unknown virus led to concern, forced social or personal isolation, changing living and working habits and forced adaptation of all work processes to the new conditions. Thanks to digitalization and the use of information technology in the field of education, an attempt was made to mitigate the consequences of the pandemic and social distancing and the concept of distance learning was introduced. Distance education (teaching) includes various learning systems and methods, from communication via e-mail, uploading teaching materials on learning platforms, to lectures that take place entirely on Internet platforms. Thus, the classical forms of teaching were replaced by digital platforms and applications, in all grades, from primary to higher education. Advanced technologies that were already used for educational purposes were forced into operation this time and the pandemic showed that digital teaching is not only a matter of choice, but sometimes also a matter of necessity and necessity. However, every form of education and teaching activities must be normatively regulated, both in terms of form and in terms of material and teaching content. Among other things, teaching in general, and distance teaching in particular, opens up a whole series of copyright dilemmas. Whether and to what extent it is possible to use protected content for educational purposes, especially in an online environment, is one of the key questions? If teaching takes place through certain content exchange platforms and applications, the question arises of the responsibility of the person who manages the platform for possible rights violations. In copyright there is a special form of limitation of the subjective right for the purpose of teaching, and in more recent sources of the law of the European Union a limitation is provided for the use of protected works and objects of protection in digital and cross-border teaching. The subject of the paper is the analysis of distance education and the limitations of subjective copyrights for the needs of education, both in domestic law and in the law of the European Union. Distance education in a digital environment creates new opportunities, but also challenges and risks. both for teachers and students. That is why it is important to have an appropriate legal framework that will specify the terms of use. In any case, when prescribing restrictions, particular care should be taken, because as the right of the individual to access knowledge and education must be taken into account, the interests of the author and the protection of his rights should not be neglected, which sometimes are
especially threatened in the digital sphere.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Ivica Josifovik
Date Deposited:	31 Jan 2023 09:30
Last Modified:	31 Jan 2023 09:30
URI:	https://eprints.ugd.edu.mk/id/eprint/31059

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