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Education International (EI) and its member organisations are calling for urgent copyright reforms to remove barriers to quality education for all and ensure that teachers and students have access to the learning materials they need.

Restrictive copyright laws in South Africa and many other countries make it difficult—sometimes even illegal—for educators to adapt materials for students with disabilities, use online content in classrooms, or develop decolonised curricula.

At the Copyright & Public Interest Conference, co-sponsored by Education International and held from 3-6 February in Cape Town, EI affiliates the South African Democratic Teachers Union (SADTU), the National Professional Teachers’ Organisation of South Africa (NAPTOSA), and the Kenya National Union of Teachers (KNUT), joined librarians, legal experts, academics, policymakers and creatives to advocate for balanced, flexible copyright laws that support education and the public good—not corporate interests.

One of the main focus was on South Africa’s Copyright Amendment Bill (CAB), which has been delayed for years despite its potential to bring South Africa’s copyright laws in line with global best practices.

Was I a criminal for using that song in my class?

In his keynote address, Education International President and SADTU General Secretary, Mugwena Maluleke, underscored the urgent need to decolonise education and remove copyright barriers that prevent teachers from delivering quality, inclusive teaching.

Reflecting on his own childhood in rural Limpopo, Maluleke recalled how being forced to learn in English and later Afrikaans denied him and his peers the right to education in their own language—one of the many ways knowledge access has historically been restricted in South Africa. The same systemic barriers continue today through copyright laws that prevent teachers from accessing and adapting learning materials.

"The right to education is a fundamental human right. Our teachers should not be criminalised for striving to provide quality education to our children. Unfortunately, copyright laws for education are often overly restrictive, creating barriers for teachers and the right to education," Maluleke stated.

The EI President added a personal anecdote about using music in the classroom to teach mathematics: "—Was I a criminal for using that song in my class?" he asked, questioning whether such an innovative teaching method should be considered a crime under current copyright laws.

South Africa's restrictive copyright system

Speakers across multiple panels at the conference highlighted that South Africa remains one of the most restrictive countries when it comes to copyright exceptions for education, research, and cultural heritage. Tobias Schönwetter, Director of the Intellectual Property Unit at the University of Cape Town, opened discussions by emphasising that the Copyright Amendment Bill does not introduce radical changes—many countries already have fair use provisions.

"The South Africa Copyright Amendment Bill isn't introducing a radical new approach to copyright. Many countries around the world already have fair use. It has been proven over and over again that it balances the rights of creators and users. Let’s not get lost in redundant discussions—let’s move forward," Schönwetter stressed.

During the panel on “The Constitutionality and Urgency of the Copyright Amendment Bill in South Africa”, SADTU Vice President Faseega Solomons addressed the frustration teachers face in accessing information due to outdated copyright frameworks that prioritise commercial interests.

"Teachers are frustrated by the lack of access to information. Current copyright frameworks prioritise commercial interests over public educational needs. With a more flexible system, we could significantly improve access to learning and teaching materials," Solomons argued.

Similarly, KNUT’s Hesbon Otieno highlighted the global dimension of the problem, noting that restrictive copyright laws in many countries limit teachers’ ability to adapt materials to meet students’ needs.

"Globally, we see that copyright laws, particularly in Latin America and Africa, disempower teachers. They create barriers to adapting materials for students and delivering quality education," Otieno stated.

Decolonising education: accessing and protecting African knowledge

The panel on "Knowledge systems and knowledge equity" focused on the importance of protecting Indigenous and traditional knowledge in copyright discussions.

Speakers expressed concern about the misappropriation of Indigenous knowledge questioning who controls this knowledge. They highlighted that Indigenous and oral knowledge systems are often incompatible with Western intellectual property laws, largely because such knowledge is often not materialised in books and works with different ways of granting permissions for accessing materials. Indigenous data sovereignty was emphasised as a key issue, ensuring that knowledge is preserved and accessed in ways that respect Indigenous knowledge governance systems.

Global copyright policies and the fight for fair rules

At the World Intellectual Property Organisation (WIPO) Copyright Agenda panel, speakers criticised the slow progress of international copyright reforms that could support education, research, and cultural heritage organisations. They highlighted that international industrial monopolies often interfere with national copyright reforms, preventing governments from enacting policies that prioritise public interest.

Stephen Wyber, Director of Policy and Advocacy at the at the International Federation of Library Associations and Institutions (IFLA), warned that copyright exceptions for education remain optional at the international level, leading to a patchwork of policies that often exclude educators. He expressed concern about the societal costs of delaying copyright reforms in favor of commercial interests stating : "-What is the cost of non-access and non-use? Educational loss, research loss, and cultural heritage loss."

Discussions also addressed copyright in the context of Artificial Intelligence (AI) generated works and training. Speakers pointed out that Global North countries already use their copyright laws to train AI models, while training of African-led AI is lacking behind due to outdated copyright laws impacting crucial innovation and research opportunities.

Artists, students, and people with disabilities also affected

Beyond the classroom, the impact of restrictive copyright laws extends to artists, students, and people with disabilities, further widening inequalities.

South African musician, Mercy Pakela, shared her experience with corporate control over her music, stating that while she supports teachers using music for education, she has not been the primary beneficiary of her own creative work—music industry intermediaries continue to profit from her biggest hits.

Claudia Blum from Blind South Africa also spoke about the barriers visually impaired individuals face in accessing reading materials, which limits their ability to pursue fields such as music, history, and science. She noted:

"Had I not been able to access the reading materials in the way I did, I would not have been able to pursue my interest in music and history."

Addressing the importance of copyright education itself, NAPTOSA’s Hema Hariram stressed that young learners often enter the workforce unaware of their rights, leading them to sign restrictive contracts that limit their creative and economic potential.

"Young learners are also creators and developers of artistic and digital material in school and later in the workplace. It is imperative to educate them on copyright so that we can prevent them from entering into restrictive contracts," Hariram stated.

EI calls for immediate action: South Africa must lead the way

Education International and its member organisations in South Africa, SADTU and NAPTOSA, are calling on President Cyril Ramaphosa to sign the Copyright Amendment Bill into law without further delay.

The Bill has faced strong opposition from multinational corporate lobbyists, despite aligning with global best practices and balancing the rights of creators and users. Without fair use laws, teachers, researchers, and students in South Africa are forced to operate in legal grey zones, restricting access to knowledge and undermining quality education.

EI’s main demands reflect the urgent need for a copyright system that protects the right to education and empowers teachers, rather than restricting their ability to access and use knowledge in the classroom. Teachers must be able to use and adapt materials to provide quality, inclusive education without fear of legal repercussions. Their voices must be included in copyright reforms to ensure that policies support real classroom needs.

In addition, teachers need proper training and resources to navigate copyright laws effectively, and make full use of available materials. At the global level, international WIPO treaties are essential to advance national reforms and protect cross-border collaboration in education and research, ensuring that knowledge remains accessible to all.

EI’s advocacy for fair copyright laws does not stop here. Discussions on much-needed international copyright reforms, including exceptions and limitations for education and research, will continue at the upcoming WIPO Standing Committee on Copyright and Related Rights (SCCR) meeting. Learn more about the meeting here.

To learn more about EI’s work on copyright and education, click here