Article 5—Use of Works and Other Subject Matter in Digital and Cross-Border Teaching Activities

Abstract

This chapter analyzes Article 5 of Directive 2019/790, copyright directive of the Digital Single Market in Europe. It discusses the use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments that occur solely in the Member State where the educational establishment is founded. It also mentions the task of Member States to provide fair compensation for rightholders for the use of their works or other subject matter. The chapter explores the exceptions and limitations outlined in Directive 2019/790, which seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It cites the protection of technological measures established in Directive 2001/29/EC that remains essential to ensure the protection and the effective exercise of the rights granted to authors and to other rightholders under the Union law.