Modernisation of the EU Copyright Exceptions and Limitations Regime for Digital and Cross-Border Teaching Activities

Abstract

The purpose of the article is to reveal the mandatory educational exception of Art. 5 of the EU Copyright Directive in the Digital Single Market (DSM Directive), which allows teachers and students in a formal educational environment to use copyrighted material digitally without the need to obtain permission from copyright owners first. Research methodology. To achieve the goal, a complex of general scientific approaches was used – theoretical (analysis, generalisation, synthesis) and empirical (review of electronic sources, study of activity results) research methods. Scientific novelty. It was established that the mandatory exception for education provided for in Art. 5 of the DSM Directive will solve some of the problems faced by teachers and students in the EU and will allow the digital use of copyrighted works for educational purposes, subject to certain established conditions. The article reveals the shortcomings of some provisions of Art. 5 of the DSM Directive. In particular, they can force schools and other educational institutions to enter into licensing agreements and pay royalties to authors and other rights holders for the use of copyrighted works in the classroom. Such licenses would place a significant financial burden on public and private educational institutions and force them to negotiate with collective management organisations. It was noted that the exception for education should extend to all non-commercial pedagogical activities of teachers and students as part of the educational process, which can take place in various environments and forms. It is emphasised that the exception should also apply to other entities that carry out non-commercial pedagogical activities (libraries, museums, research institutions, distance learning service providers, and others). Conclusions. Art. 5 of the DSM Directive for the first time creates a basis for the digital use of works protected by copyright in pedagogical activities under the responsibility of an educational institution. EU Member States can avoid introducing an exception where rights holders (eg publishers) offer easily accessible but paid licenses to educational institutions. In addition, EU Member States may provide fair compensation to rights holders for the digital use of their works. For harmonisation in a cross-border context, the DSM Directive introduces the principles that authorised action on this exemption takes place only in the EU Member State where the respective institution is located.

Keywords: EU copyright, exceptions and limitations, education and teaching, educational institution, educational exception, library.