“Illustration for teaching”; “Fair practice”

26 October 2011, LjubljanaIFRRO LIF

WIPO SCCR• Exceptions and limitations for libraries are expected to

be discussed on 21-23 November.

• Exceptions and limitations in general, i.e. an international legal instrument in favour of persons with print disabilities, are scheduled for 24-25 November. This part could also serve as a start for the discussions on exceptions and limitations for education (however, this is rather unlikely – education is on the agenda for the SCCR meeting in May 2012).

IFRRO Survey

IFRRO survey on the legal terminology and its implementation into national laws:

a) Is the concept “illustration for teaching”, enshrined in Article 10(2) of the Berne Convention / Article 5(3)(a) of Directive 2001/29/EC implemented in your national law, and if so, how?

IFRRO Survey

b) Is the open-worded term “fair practice”, used in Article 10 of the Berne Convention,  implemented in your national law, and if so, how?

Responses Received

Access (Canada) Bonus (Sweden)

CAL (Australia) CCC (U.S.)

CEDRO (Spain) CLA (U.K.)

CLASS (Singapore) CLL (New Zealand)

COSOMA (Malawi) DILIA (Czech Rep.)

Fjölís (Iceland) HARR (Hungary)

JRRC (Japan) Kopinor (Norway)

LITA (Slovak Rep.) OSDEL (Greece)

Stichting Repro. (NL) VG Wort (Germany)

“Illustration for teaching”• Not many countries require compensation.

Within the EU Member States, remuneration for the exempted teaching use is only required in a few countries (IFRRO survey: Iceland; The Netherlands; Sweden; Norway).

• Digital uses are covered where teaching uses are subject to remunerated ECL.

“Illustration for teaching”• The national provisions are mostly open in

terms of beneficiaries – any educational institution may benefit – and remain silent in terms of individual uses.

• Usually: both teachers and students; only teachers/instructors: Canada; Spain.

“Illustration for teaching”• All exceptions permit the use of any

“disclosed/published work” to the extent required by the purpose.

• Some teaching exceptions only cover reproduction (Germany; Japan; UK), and usually refer to photocopying (Germany; UK).

“Illustration for teaching”• Most laws expressly limit the exception, e.g. “small parts

of a work, of small works or of individual articles” (Germany); “of limited size, and chapters taken from longer words” (Iceland); “minor parts of literary or scientific works or musical works or short works of this kind“ (Norway); “short extract” (Singapore); “short part of a work” (Slovak Rep.); “only small pieces of fragments of literary works” (Spain); “minor portions of literary or musical works and such works of a limited scope” (Sweden); “insubstantial/reasonable portions” (Australia).

“Illustration for teaching”• Further limits, e.g. only for the participants in a

course (Germany) or exclusion of works primarily intended for education (Germany; Spain).

• For non-commercial use/purpose (explicit requirement: EU Member States; Iceland; Japan).

• Indication of source/author (explicitly required in EU Member States; Malawi).

“Illustration for teaching”

• Exceptions generally refer to purposes of “illustration for teaching”, with an outcome similar to that of Art. 5(3)(1) 2001/29/EC Copyright Directive: any use that is necessary to deliver the instruction.

“Fair practice”

• “in accordance/compatible with fair practice” (Greece; Japan; Malawi)

• “to the reasonable extent justified by the object” (Hungary)

• “reasonably accepted in accordance with social custom” (The Netherlands)

• “in accordance with customs” (Slovak Rep.)

• “in accordance with proper usage” (Sweden; Norway)

Thank you for your attention.

IFRRO LIFAnita Huss, General Counsel