Wednesday 26th September 2018

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View Commission's Position on Recital 15

EU Commission's Position

As adopted 14th September, 2016

Recital 15

Scope of mandatory exception or limitation for “educational establishments”

While distance learning and cross-border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience.

The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose.

The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.

View Council's Position on Recital 15

EU Council's Position

As adopted 25th May, 2018

Recital 15

Scope of mandatory exception or limitation for “educational establishments”

While distance learning and cross-border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience.

The exception or limitation provided for in this Directive should therefore benefit all educational establishments recognised by a Member State, including primary, secondary, vocational and higher education. It should apply only to the extent that the uses are justified by the non-commercial purpose of the particular teaching activity.

The organisational structure and the means of funding of an educational establishment should not be the decisive factors to determine the non-commercial nature of the activity

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 15

Recital 15

Scope of mandatory exception or limitation for “educational establishments”

While distance learning and cross-border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience.

The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose.

The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 15

Recital 15

Scope of mandatory exception or limitation for “educational establishments”

While distance learning and cross-border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience.

The exception or limitation provided for in this Directive should therefore benefit all educational establishments recognised by a Member State, including primary, secondary, vocational and higher education. It should apply only to the extent that the uses are justified by the non-commercial purpose of the particular teaching activity.

The organisational structure and the means of funding of an educational establishment should not be the decisive factors to determine the non-commercial nature of the activity

EU Parliament's Position

As adopted 12th September, 2018

Update 14th September 2018: This proposal is the version adopted by the EU Parliament on 12th September 2018. Emboldened text denotes an amendment.

Recital 15

Scope of mandatory exception or limitation for “educational establishments”

While distance learning and cross-border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience.

The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activity for a non-commercial purpose.

The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity. Where cultural heritage institutions pursue an educational objective and are involved in teaching activities, it should be possible for Member States to consider those institutions as an educational establishment under this exception in so far as their teaching activities are concerned.