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  • Exceptions (Art. 3 – 7)
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  • DSM implementation: what is happening with regards to the other provisions.
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Art. 5 - Use of works and other subject matter in digital and cross-border teaching activities

The DSM Directive and the Act to Align Copyright Law with the Current Demands of the Knowledge-based Society

07/13/2020 Simon Weiß

Authors: Petra Sitte, Simon Weiß

Independently of the DSM Directive, the Act to Align Copyright Law with the Current Demands of the Knowledge-based Society (in German: Urheberrechts-Wissensgesellschafts-Gesetz, or UrhWissG) was the last important amendment to the German copyright law. It entered into force in 2018.

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Category: Comments on implementation
Tags: Act to Align Copyright Law with the Current Demands of the Knowledge-based Society, UrhWissG, DSM Directive, Art. 5 - Use of works and other subject matter in digital and cross-border teaching activities, Exception for education (Art. 5)

Use of works and other subject matter in digital and cross-border teaching activities

07/10/2020 eu-admin

Article 5

1. Member States shall provide for an exception or limitation to the rights provided for in Article 5(a), (b), (d) and (e) and Article 7(1) of Directive 96/9/EC, Articles 2 and 3 of Directive 2001/29/EC, Article 4(1) of Directive 2009/24/EC and Article 15(1) of this Directive in order to allow the digital use of works and other subject matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, on condition that such use:

(a) takes place under the responsibility of an educational establishment, on its premises or at other venues, or through a secure electronic environment accessible only by the educational establishment’s pupils or students and teaching staff; and

(b) is accompanied by the indication of the source, including the author’s name, unless this turns out to be impossible.

2. Notwithstanding Article 7(1), Member States may provide that the exception or limitation adopted pursuant to paragraph 1 does not apply or does not apply as regards specific uses or types of works or other subject matter, such as material that is primarily intended for the educational market or sheet music, to the extent that suitable licences authorising the acts referred to in paragraph 1 of this Article and covering the needs and specificities of educational establishments are easily available on the market. Member States that decide to avail of the first subparagraph of this paragraph shall take the necessary measures to ensure that the licences authorising the acts referred to in paragraph 1 of this Article are available and visible in an appropriate manner for educational establishments.

3. The use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment is established.

4. Member States may provide for fair compensation for rightholders for the use of their works or other subject matter pursuant to paragraph 1.

Category: EU-Copyright-Directive
Tags: Art. 5 - Use of works and other subject matter in digital and cross-border teaching activities

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  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

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Die Linke im Europaparlament
THE LEFT Group Secretariat

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