Use for the purpose of research or private study (Art. 5.3(n) InfoSoc)

This (optional) exception or limitation allows reproduction, communication to the public or making available to the public - by publicly accessible cultural heritage institutions (libraries, museums and archives) and educational establishments - of works and other subject matter (other than databases and software) contained in their collections, which are not subject to purchase or licensing terms. The beneficiaries of the exception can give access to these works to individual members of the public by dedicated terminals on their premises, for the purpose of research or private study only.

The limitation covers acts of reproduction necessary for the purpose of making works available to users by means of dedicated terminals (digitisation), but does not extend to acts such as the printing out of works on paper or their storage on a USB stick, carried out by users. The concept of ‘purchase or licensing terms’ is interpreted by the EU Court of Justice in Ulmer (Case C-117/13) as a concluded licensing agreement in respect of the work in question.

This exception has been implemented in the following Member States: