Use in digital and cross-border teaching activities (Art. 5 DSM)

This (mandatory) exception or limitation allows digital uses of works and other protected subject matter carried out under the responsibility of educational establishments, for the purpose of illustration for teaching, to the extent justified by such purpose. Commercial purposes are excluded. Both onsite and remote activities are allowed, but the latter can only take place through secure electronic environments, accessible only by the teaching staff, students and pupils of the educational establishment. Member States are free to decide if the permitted uses are subject to compensation, and if the exception applies when suitable licenses covering the needs and specificities of educational establishments are easily available in the market. The exception cannot, however, be overridden by contract.

The recitals clarify that illustration for teaching includes uses that support, enrich or complement the teaching and uses in examinations.

This exception has been implemented in the following Member States:

• In France in L.122-5(12.º) and L.211-3(3.º)(e) of the Code of Intellectual Property
• In Estonia in §19(1)(2), §19(1)(3), §19(1)(³) and §75(1)(2) of the Copyright Act
• In The Netherlands in Artikel 12(5) en Artikel 16 Auteurswet
• In Hungary in §34(2), §34(3)(a), §34(3)(b), §35(5), §68(2) and §83(2) of the Copyright Act
• In Italy in Art. 70-bis(1) and Art. 71-decies Law for the Protection of Copyright and Neighboring Rights