Wednesday 26th September 2018

Switch to multi-article view to view each article or recital from all three institutions side-by-side

View Commission's Position on Recital 16

EU Commission's Position

As adopted 14th September, 2016

Recital 16

Exception for teaching

The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities.

The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, and be limited to what is necessary for the purpose of such activities.

The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment’s secure electronic network, the access to which should be protected, notably by authentication procedures. ‘

The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching

View Council's Position on Recital 16

EU Council's Position

As adopted 25th May, 2018

Recital 16

Exception for teaching

The exception or limitation for the sole purpose of illustration for teaching provided for in this Directive should be understood as covering digital uses of works and other subject-matter to support, enrich or complement the teaching, including learning activities.

In most cases, the concept of illustration would therefore imply uses of parts or extracts of works only, which should not substitute the purchase of materials primarily intended for educational markets.

When implementing the exception or limitation, Member States should remain free to specify, for the different categories of works or other subject-matter and in a balanced manner, the proportion of a work or other subject-matter that may be used for the sole purpose of illustration for teaching.

Uses allowed under the exception or limitation should be understood to cover the specific accessibility needs of persons with a disability in the context of illustration for teaching.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 16

Recital 16

Exception for teaching

The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities.

The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, and be limited to what is necessary for the purpose of such activities.

The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment’s secure electronic network, the access to which should be protected, notably by authentication procedures. ‘

The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 16

Recital 16

Exception for teaching

The exception or limitation for the sole purpose of illustration for teaching provided for in this Directive should be understood as covering digital uses of works and other subject-matter to support, enrich or complement the teaching, including learning activities.

In most cases, the concept of illustration would therefore imply uses of parts or extracts of works only, which should not substitute the purchase of materials primarily intended for educational markets.

When implementing the exception or limitation, Member States should remain free to specify, for the different categories of works or other subject-matter and in a balanced manner, the proportion of a work or other subject-matter that may be used for the sole purpose of illustration for teaching.

Uses allowed under the exception or limitation should be understood to cover the specific accessibility needs of persons with a disability in the context of illustration for teaching.

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 16

Exception for teaching

The exception or limitation should cover digital uses of works and other subject-matter to support, enrich or complement the teaching, including the related learning activities.

The exception or limitation of use should be granted as long as the work or other subject-matter used indicates the source, including the authors’ name, unless that turns out to be impossible for reasons of practicability.

The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, and be limited to what is necessary for the purpose of such activities.

The exception or limitation should cover both uses through digital means where the teaching activity is physically provided, including where it takes place outside the premises of the educational establishment, for example in libraries or cultural heritage institutions, as long as the use is made under the responsibility of the educational establishment, and online uses through the educational establishment’s secure electronic environment, the access to which should be protected, notably by authentication procedures.

The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.

Recital 16a (new)

Definition of secure electronic environment

A secure electronic environment should be understood as a digital teaching and learning environment, access to which is limited through an appropriate authentication procedure to the educational establishment’s teaching staff and to the pupils or students enrolled in a study programme.