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
Misconceptions commonly spread in academic communities include the following: 57 non-for-profit uses are always allowed under copyright (only commercial uses require a license), using 10% of a work is always allowed, teaching and research uses are allowed as long as authorship is attributed or as long as no commercial purposes are sought, anything available online may be used for teaching and research purposes, and any work licensed with a Creative Commons may be freely used (without paying much attention to the specific conditions of that license). Most scholars also believe that the scope of teaching and research uses permitted under E&L (or even under licenses) is the same for face-to-face and online activities; for example, that a picture, a song or a fragment of a movie that may be shown or played as part of the instruction in a classroom may also be shown or posted online (VLE intranet) for the students to access.
When necessary for teaching, academics translate works that are not available in their countries without considering whether translation is an act of exploitation exempted under national E&L or the need for a license; sometimes, a tangible copy of the work has been purchased in/from a foreign country. In countries with sufficient access to copyrighted material available for teaching and research in their own language, translations for teaching and research purposes are rarely needed.
Works and materials used for teaching and research are often obtained either from open-access repositories (i.e., image databases, scholarly articles) and open-licensed sources or directly from libraries. Open-access repositories and sources, as well as licensed databases may be from overseas sources. Copies obtained from libraries may be copies permitted for research purposes under library E&L or copies licensed by publishers (e.g. library licensed databases). Often, use of library-licensed materials is restricted to a specific territory and cannot be accessed by students residing in another territory (see chapter 5). In addition, materials used for online teaching may often be scanned (digitized) copies of tangible ones (books, DVD, posters) acquired by academics (as a personal purchase) or departments (as an institutional purchase) in or from foreign markets.
Teaching uses often link to contents freely available online, stored on Youtube or websites worldwide; in general terms, linking to online content lawfully available online does not qualify as an act of exploitation that requires exemption or authorization, but as a disadvantage, linked contents may be no longer available when necessary for teaching.

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