The day after tomorrow, the Legal Affairs (JURI) Committee will vote on Copyright in the Digital Single Market. The educational exception in the Directive is not what we hoped when the copyright reform process started. The European Commission promised – in its DSM strategy – to reduce differences between copyright regimes and to provide greater legal certainty for cross-border use through harmonised exceptions. The Copyright in the DSM Directive furthermore proposed to reduce transaction costs for users, including educators and educational establishments.
These promises have not been met.
This is why we sent a policy letter to all members of the JURI committee asking for a better copyright for education last week. We hope this will help the committee members remember what is at stake for education in this vote, and that they will support an open, broad and flexible exception.
In the current proposal article 4 allows for an override of the exception with licensing mechanisms – which benefits rightsholders, but increases transaction costs, cause legal uncertainty for cross-border use and leads to a lack of harmonisation of copyright law, as it applies to education.
Our recent study of 10 licensing schemes for educational uses (in France, the United Kingdom and Finland) shows that (i) licences restrict the scope of protection of the educational exceptions, (ii) licenses grant questionable rights to rightsholders, and (iii) licenses impose burdensome obligations on schools.
We are concerned that the language of the new education exception will not be able to achieve its purpose of allowing cross-border use because it only allows the use within an educational establishment and within an electronic environment. This will not facilitate cross-border use across institutions and across countries.
