A/HRC/32/37 70. In its resolution 55/63, the General Assembly expressed concern that technological advancements have created new possibilities for criminal activity, in particular the criminal misuse of information technologies, and noted the value of making the general public aware of the need to prevent and combat the criminal misuse of information technologies. Education plays an important role in raising awareness on the issue. XI. Digital technology and copyright law 71. Digital education, in all its forms, relies on teaching materials, textbooks and other forms of transmitting information that are subject to copyright law. A. Copyright issues 72. It is important to look into intellectual property rights and the use of digital technology in education and learning, bearing in mind the 1971 Berne Convention for the Protection of Literary and Artistic Works, the 1994 World Trade Organization Agreement on Trade-related Aspects of Intellectual Property Rights and the 1951 UNESCO Universal Copyright Convention, among other international treaties. 73. The Special Rapporteur is concerned, however, that exceptions to copyright law exist that allow for the free use of materials in education. Digitizing content does not change the intellectual property rights of the owners of the original materials, which must be respected and maintained.38 74. Currently, most massive open online course providers establish a proprietary claim on material included in their courses, license the access and use of that material to the user and exercise ownership over user-generated content. To fully exercise academic freedom, however, higher education teaching personnel should retain ownership of their course material, including material used in distance and online courses.39 75. In the digital marketplace, publication becomes an ongoing process rather than a discrete event, and revision can go on indefinitely. 40 Higher education teaching personnel should retain intellectual property rights over course material, no matter the mode of delivery. 76. The private interest of the copyright holder must be respectful of the broader social interest of the public. The public importance of education outweighs the value of allowing copyright holders to seek a profit. This principle is reflected in a number of exemptions to copyright law. The 1971 Appendix to the Berne Convention for the Protection of Literary and Artistic Works sets out special provisions for developing countries that include challenging procedural requirements.41 77. There is no human right to seek a profit, and the public interest in respecting the right to education must take priority in public policies, nationally and internationally. States should update their copyright treaties and legislation to allow all public educational institutions to have free access to all information used for educational purposes. 78. Proprietary standards from private companies are being promoted worldwide as a simple panacea to meet the information and communications technology objectives of 38 39 40 41 14 http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/pdf/mow/ digitization_guidelines_for_web.pdf. Education International, statement on massive open online courses. Cited in Nicholas Carr, The Shallows, p. 47. See, in particular, art. III (3) (i) of the Appendix.