数字化和跨境教学活动的欧盟版权例外和限制制度的现代化

L. Lytvynova
{"title":"数字化和跨境教学活动的欧盟版权例外和限制制度的现代化","authors":"L. Lytvynova","doi":"10.32461/2409-9805.4.2022.269814","DOIUrl":null,"url":null,"abstract":"The purpose of the article is to reveal the mandatory educational exception of Art. 5 of the EU Copyright Directive in the Digital Single Market (DSM Directive), which allows teachers and students in a formal educational environment to use copyrighted material digitally without the need to obtain permission from copyright owners first. Research methodology. To achieve the goal, a complex of general scientific approaches was used – theoretical (analysis, generalisation, synthesis) and empirical (review of electronic sources, study of activity results) research methods. Scientific novelty. It was established that the mandatory exception for education provided for in Art. 5 of the DSM Directive will solve some of the problems faced by teachers and students in the EU and will allow the digital use of copyrighted works for educational purposes, subject to certain established conditions. The article reveals the shortcomings of some provisions of Art. 5 of the DSM Directive. In particular, they can force schools and other educational institutions to enter into licensing agreements and pay royalties to authors and other rights holders for the use of copyrighted works in the classroom. Such licenses would place a significant financial burden on public and private educational institutions and force them to negotiate with collective management organisations. It was noted that the exception for education should extend to all non-commercial pedagogical activities of teachers and students as part of the educational process, which can take place in various environments and forms. It is emphasised that the exception should also apply to other entities that carry out non-commercial pedagogical activities (libraries, museums, research institutions, distance learning service providers, and others). Conclusions. Art. 5 of the DSM Directive for the first time creates a basis for the digital use of works protected by copyright in pedagogical activities under the responsibility of an educational institution. EU Member States can avoid introducing an exception where rights holders (eg publishers) offer easily accessible but paid licenses to educational institutions. In addition, EU Member States may provide fair compensation to rights holders for the digital use of their works. For harmonisation in a cross-border context, the DSM Directive introduces the principles that authorised action on this exemption takes place only in the EU Member State where the respective institution is located. \nKeywords: EU copyright, exceptions and limitations, education and teaching, educational institution, educational exception, library.","PeriodicalId":318806,"journal":{"name":"Scientific journal “Library Science. Record Studies. Informology”","volume":"84 1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Modernisation of the EU Copyright Exceptions and Limitations Regime for Digital and Cross-Border Teaching Activities\",\"authors\":\"L. Lytvynova\",\"doi\":\"10.32461/2409-9805.4.2022.269814\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The purpose of the article is to reveal the mandatory educational exception of Art. 5 of the EU Copyright Directive in the Digital Single Market (DSM Directive), which allows teachers and students in a formal educational environment to use copyrighted material digitally without the need to obtain permission from copyright owners first. Research methodology. To achieve the goal, a complex of general scientific approaches was used – theoretical (analysis, generalisation, synthesis) and empirical (review of electronic sources, study of activity results) research methods. Scientific novelty. It was established that the mandatory exception for education provided for in Art. 5 of the DSM Directive will solve some of the problems faced by teachers and students in the EU and will allow the digital use of copyrighted works for educational purposes, subject to certain established conditions. The article reveals the shortcomings of some provisions of Art. 5 of the DSM Directive. In particular, they can force schools and other educational institutions to enter into licensing agreements and pay royalties to authors and other rights holders for the use of copyrighted works in the classroom. Such licenses would place a significant financial burden on public and private educational institutions and force them to negotiate with collective management organisations. It was noted that the exception for education should extend to all non-commercial pedagogical activities of teachers and students as part of the educational process, which can take place in various environments and forms. It is emphasised that the exception should also apply to other entities that carry out non-commercial pedagogical activities (libraries, museums, research institutions, distance learning service providers, and others). Conclusions. Art. 5 of the DSM Directive for the first time creates a basis for the digital use of works protected by copyright in pedagogical activities under the responsibility of an educational institution. EU Member States can avoid introducing an exception where rights holders (eg publishers) offer easily accessible but paid licenses to educational institutions. In addition, EU Member States may provide fair compensation to rights holders for the digital use of their works. For harmonisation in a cross-border context, the DSM Directive introduces the principles that authorised action on this exemption takes place only in the EU Member State where the respective institution is located. \\nKeywords: EU copyright, exceptions and limitations, education and teaching, educational institution, educational exception, library.\",\"PeriodicalId\":318806,\"journal\":{\"name\":\"Scientific journal “Library Science. Record Studies. Informology”\",\"volume\":\"84 1 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-12-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Scientific journal “Library Science. Record Studies. Informology”\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.32461/2409-9805.4.2022.269814\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Scientific journal “Library Science. Record Studies. Informology”","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.32461/2409-9805.4.2022.269814","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文的目的是揭示欧盟版权指令第5条在数字单一市场(DSM指令)中的强制性教育例外,它允许教师和学生在正式的教育环境中以数字方式使用受版权保护的材料,而无需首先获得版权所有者的许可。研究方法。为了实现这一目标,使用了综合的一般科学方法-理论(分析、概括、综合)和经验(审查电子资源、研究活动结果)研究方法。科学的新奇。可以确定的是,DSM指令第5条规定的教育强制性例外将解决欧盟教师和学生面临的一些问题,并允许在某些既定条件下为教育目的使用受版权保护的作品。本文揭示了DSM指令第5条某些规定的不足之处。特别是,他们可以迫使学校和其他教育机构签订许可协议,并为在课堂上使用受版权保护的作品向作者和其他权利持有人支付版税。这种许可证将给公立和私立教育机构带来沉重的财政负担,并迫使它们与集体管理组织进行谈判。有人指出,教育的例外应扩大到教师和学生作为教育过程一部分的所有非商业教学活动,这些活动可以在各种环境和形式中进行。需要强调的是,这一例外也应适用于开展非商业教学活动的其他实体(图书馆、博物馆、研究机构、远程学习服务提供商等)。结论。DSM指令第5条首次为在教育机构负责的教学活动中以数字方式使用受版权保护的作品奠定了基础。欧盟成员国可以避免引入一种例外情况,即权利持有人(如出版商)向教育机构提供易于获得但付费的许可。此外,欧盟成员国可以为数字使用其作品的权利持有人提供公平的补偿。为了在跨境背景下进行协调,DSM指令引入了仅在各自机构所在的欧盟成员国对该豁免采取授权行动的原则。关键词:欧盟版权,例外与限制,教育与教学,教育机构,教育例外,图书馆
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Modernisation of the EU Copyright Exceptions and Limitations Regime for Digital and Cross-Border Teaching Activities
The purpose of the article is to reveal the mandatory educational exception of Art. 5 of the EU Copyright Directive in the Digital Single Market (DSM Directive), which allows teachers and students in a formal educational environment to use copyrighted material digitally without the need to obtain permission from copyright owners first. Research methodology. To achieve the goal, a complex of general scientific approaches was used – theoretical (analysis, generalisation, synthesis) and empirical (review of electronic sources, study of activity results) research methods. Scientific novelty. It was established that the mandatory exception for education provided for in Art. 5 of the DSM Directive will solve some of the problems faced by teachers and students in the EU and will allow the digital use of copyrighted works for educational purposes, subject to certain established conditions. The article reveals the shortcomings of some provisions of Art. 5 of the DSM Directive. In particular, they can force schools and other educational institutions to enter into licensing agreements and pay royalties to authors and other rights holders for the use of copyrighted works in the classroom. Such licenses would place a significant financial burden on public and private educational institutions and force them to negotiate with collective management organisations. It was noted that the exception for education should extend to all non-commercial pedagogical activities of teachers and students as part of the educational process, which can take place in various environments and forms. It is emphasised that the exception should also apply to other entities that carry out non-commercial pedagogical activities (libraries, museums, research institutions, distance learning service providers, and others). Conclusions. Art. 5 of the DSM Directive for the first time creates a basis for the digital use of works protected by copyright in pedagogical activities under the responsibility of an educational institution. EU Member States can avoid introducing an exception where rights holders (eg publishers) offer easily accessible but paid licenses to educational institutions. In addition, EU Member States may provide fair compensation to rights holders for the digital use of their works. For harmonisation in a cross-border context, the DSM Directive introduces the principles that authorised action on this exemption takes place only in the EU Member State where the respective institution is located. Keywords: EU copyright, exceptions and limitations, education and teaching, educational institution, educational exception, library.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信