E sccr/39/6 original: English date: October 15, 2019 Standing Committee on Copyright and Related Rights Thirty-Ninth Session Geneva, October 21 to 25, 2019



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sccr 39 6
2. E&L FOR TEACHING AND RESEARCH
Academic uses (i.e., teaching and research purposes) of copyrighted works may be directly authorized by copyright laws, either for free or subject to remuneration.
For purposes of E&L, teaching may include different kind of activities: uses which are strictly necessary to convey the instruction (i.e., the work is directly used as material assistance to the instruction); uses of works as reading material (i.e., for study and research purposes) or for school-related entertainment purposes (i.e., performing a theatrical play at a “school event”).
Research, as used in this report, includes any acts which are necessary to gather and discover information, as well as to study, analyze and understand a topic, in order to enhance knowledge, science and culture. Academic research is typically conducted by universities and research centers.10
Teaching and research activities that take place online usually involve several exclusive rights: acts of reproduction, communication to the public, making available online and, in some countries, distribution. Sometimes, translations may also be involved. In addition, materials used in online teaching may have been digitized from analogue formats (i.e., a book or a journal) or recorded (i.e., from TV broadcasts), and they may be stored or “compiled” (i.e., on a common storage unit or cloud) for later access and studying purposes. Whether or not these acts are permitted by law or require a license from right holders depends on the scope of E&L in applicable national laws.
As we will see, the scope of E&L for educational purposes very much depends on the specific language used to describe:

  • the acts of exploitation exempted (i.e., instructional uses, studying purposes, school-events),

  • the formats or means of exploitation (i.e., reprography, analog, digital),

  • the specific beneficiaries (i.e., public institutions, for-profit institutions, universities, schools) and/or individuals (i.e., teachers, students, librarians) entitled to do exempted uses,

  • what kind of works (i.e., any or specific works) and the extent of use allowed (i.e., how much, how many copies),

  • the specific purposes allowed (i.e., teaching, examinations, exercises, studying),

  • as well as any further conditions and requirements, including remuneration.

2.1 THE BERNE CONVENTION



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