EU Council's Position
As adopted 25th May, 2018
View Commission's Position on Recital 16a
Scope of exception for teaching and learning and definition of 'secure electronic environment'
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 or teaching activities taking place outside the premises of educational establishments, for example in a museum, library or another cultural heritage institution, and be limited to what is necessary for the purpose of such activities.
The exception or limitation should cover both uses of works and other subject matter made in the classroom or in other venues through digital means, for example electronic whiteboards or digital devices which may be connected to the Internet, as well as uses made at a distance through secure electronic networks, such as online courses or access to teaching material complementing a given course.
Secure electronic networks should be understood as digital teaching and learning environments access to which is limited to the educational establishment's teaching staff and to the pupils or students enrolled in a study programme, notably through appropriate authentication procedures, including password based authentication.