Fiere Internazionali Di Bologna S.p.a. · MIL:BF
Fiere Internazionali Di Bologna — Bologna Children's Book Fair 2004
22 slides from Fiere Internazionali Di Bologna's conference presentation, Apr 15, 2004
Slide 1: EU Copyright Directive and Educational Exceptions
ORMEE EU COPYRIGHT DIRECTIVE AND EDUCATIONAL EXCEPTIONS BOLOGNA 15-04-2004 Federation of European Publishers
Slide 2: E-learning material and copyright protection
The vast majority of e-Learning material complies with the central requisite of originality to benefit from copyright protection. Distribution of that material via education networks will involve acts of reproduction communication to the public distribution and thus require prior consent of the righ
Slide 3: Directive 2001/29/EC on copyright in the information society
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Federation of European Publishers
Slide 4: The Recitals
THE RECITALS Recital 34 Member States should be given the option of providing for certain exceptions or limitations for cases such as educational and scientific purposes, for the benefit of public institutions such as libraries and archives, (…). Federation of European Publishers
Slide 5: Recital 40
Recital 40 Member States may provide for an exception or limitation for the benefit of certain non-profit making establishments, such as publicly accessible libraries and equivalent institutions, as well as archives. However, this should be limited to certain special cases covered by the reproductio
Slide 6: The Articles
THE ARTICLES Article 5.2 Member States may provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases: (…) (c) in respect of specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archive
Slide 7: Article 5.3
Article 5.3 Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 (reproduction and communication to the public) in the following cases: (a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including
Slide 8: Article 5.3
Article 5.3 (n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing te
Slide 9: The Safeguard Clause - Three Step Test
THE SAFEGUARD CLAUSE - THREE STEP TEST Article 5.5 The exceptions and limitations provided for in paragraphs 1, 2, 3 and 4 shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject- matter and do not unreasonably prejudice the legiti
Slide 10: Where do we stand today concerning implementation of the Directive?
WHERE DO WE STAND TODAY CONCERNING THE IMPLEMENTATION OF THE DIRECTIVE? Austria – the Copyright Amendment Act was adopted in 2003 and entered into force on 1st July 2003 Belgium – there are still several drafts on the table and it is unlikely that a new Act is adopted before the European and regio
Slide 11: Implementation status: France to Luxembourg
France – the government Bill is expected to be discussed by the Parliament in May 2004. Then it will go to the Senate and back to the Parliament… Germany - the implementation package was adopted in April 2003 and now, the two Houses will soon have to examine a second package of measures mainky dea
Slide 12: Implementation status: Netherlands to Norway
The Netherlands – February 2004 the 2nd Chamber has approved the draft law and a formal approval by the 1st Chamber is still needed Portugal – a proposal is currently examined by the Parliament Spain – a proposed legislation was published in October 2002, but nothing happened since and with the n
Slide 13: Educational exceptions in national copyright laws
BUT WHAT ABOUT EDUCATIONAL EXCEPTIONS IN NATIONAL © LAWS? Only ONE of the current EU countries has no provision for education exceptions = France Only an exception for short quotations And the new proposal does not contain such a limitation – but in order to allow teachers to work legally, the SN
Slide 14: Other Member States contain some education exceptions
THE LEGISLATION OF THE 14 OTHER MEMBER STATES CONTAIN SOME EDUCATION EXCEPTIONS! In the context of the OrmeE project, we intend to provide interested parties with a comprehensive list of educational exceptions in Europe both in the current and soon-to-be Member States (25) But for the purpose of t
Slide 15: Germany
Germany Education exceptions Collection for school use- Reproduction and distribution shall be permissible where limited parts of works, of works of language (..) are incorporated after their publication in a collection 5…) for religious, school or instructional use Quotations – Reproduction, dis
Slide 16: Italy
Italy Educational exceptions: Quotation Reproduction and communication of a work for illustration of teaching Reproduction of abstracts of a work for an anthology Implementation of the © Directive = Extension of these exceptions to the digital environment New exception for the on-site consultat
Slide 17: Spain
Spain Educational exceptions: Quotation for educational or research purposes Reproduction in libraries, archives, museums only for research purposes Extraction of databases for teaching or research purposes Implementation of the © Directive (possibly) = Quotation – would suppress the requirement
Slide 18: Denmark
Denmark Educational exceptions: RULED BY THE NORDIC SYSTEM OF EXTENDED COLLECTIVE LICENCES Reproduction for educational purposes – ‘for the purpose of educational activities copies can be made of published works (…) provided that the requirement regarding extended collective licensing have been me
Slide 19: United Kingdom
United Kingdom Educational exceptions: Fair dealing Copying literary, dramatic, musical or artistic work in the course of instruction or of preparation for instruction Implementation of the © Directive = Fair dealing with a literary, dramatic, musical or artistic work for the purposes of research
Slide 20: Federation of European Publishers
a) is done by a person giving or receiving instruction, b) is not done by means of a reprographic process, and c) is accompanied by a sufficient acknowledgement, and provided that the instruction is for a non-commercial purpose Copying by librarians that copies are supplied only to persons satisfy
Slide 21: In all EU Member States reprography is allowed
+ IN ALL EU MEMBER STATES REPROGRAPHY IS ALLOWED EITHER VIA STATUTORY LICENCES: BELGIUM, GERMANY… VIA CONTRACTUAL LICENCES: UNITED KINGDOM, FRANCE … VIA EXTENDED COLLECTIVE LICENCES: NORDIC COUNTRIES Federation of European Publishers
Slide 22: FEP will provide a comprehensive analysis of EU copyright legislations
FEP WILL PROVIDE FOR A COMPREHENSIVE ANALYSIS OF ALL EU MEMBER © LEGISLATIONS FEP WILL ALSO ANALYSE A NUMBER OF PUBLISHERS’ CONTRACTS WITH EDUCATIONAL ESTABLISHMENTS RELATING TO ELARNING WORKS RESULTS WILL BE AVAILABLE ON THE ORMEE WEBSITE Federation of European Publishers
Fiere Internazionali Di Bologna — Bologna Children's Book Fair 2004 on 6ix