Our study “Educational Licences in Europe” is out now

Licence priority sounds even worse now

The European Union is coming closer to approving a mandatory educational exception that may address some of the limitations copyright law places on everyday educational activities. However, the current proposal for a Directive on Copyright in the Digital Single Market would allow licences that are easily available in the market to take precedence over the educational exception.

Our new report “Educational Licences in Europe“, covering the analysis of 10 agreements in Finland, France, and the United Kingdom, shows that educational licences contain terms and conditions disadvantageous to schools:Continue reading

Is the new education exception in Germany geared towards the 21st century?

Anatomische les van professor Paaw
New law already scheduled for review
This is a guest post by Bernd Fiedler, policy manager at Wikimedia Deutschland. Bernd previously worked as a teacher and is aiming at improving the framework for free education. WMDE is a Communia member organisation.

In the “Urheberrechts-Wissensgesellschafts-Gesetz” (engl. roughly: Copyright Knowledge-Society Act), the German legislator tries to improve the legal framework for educators and scientists in Germany, as part of a general clean-up of the exceptions section of the Copyright Code. In general, 15% of a protected work can be used for educational and scientific purposes without permission until 2023.

The law, introduced last minute at the end of the legislative period in 2017, was long overdue. It was heavily lobbied, it is limited to five years, and it is already scheduled for review. Still, as Federal Minister of Justice Heiko Maas put it, because it is bundled into a single document, it somewhat clarifies regulation for educators, coming into effect on March 1, 2018.

In Germany, legislation on education and research is fragmented due to the federal constitution. So far, with the exception of the Copyright Code, which is federal law, the state-level executive and legislative bodies have full responsibility for education in their Länder (states). This includes the details on how copyright exceptions and limitations for education are handled in practice, which is regulated very granularly in treaties between the states’ culture ministers on one side and rightsholder representatives on the other. In practice, there were 16 different ways of handling copyright in education and some federal-level treaties that had to be considered.

From March onwards, educational institutions can use up to 15% of any single work (e.g. Book, Film etc.) in order to supply their courses and staff, and use that amount even for third-party presentations, as long as this serves to present the teaching outcome or similar at the institution itself. Single images, “a few” scientific articles from the same academic journal issue, out-of-distribution works and “works of smaller proportions” can be used in their entirety.

Before, the federal law only contained vague legal terms such as “shorter extracts”, “works of smaller proportions”, the meaning of which had to be negotiated into the abovementioned treaties at state level, leading in practice to different extent limitations in each state.

Shortcomings of the new exception

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Licenses: we are past copyright

The finish in the great match race [...] at Sheepshead Bay, N.Y., June 25th, 1890 between Salvator and Tenny / L.M.
Copyright exceptions should win this race

We have been arguing for quite sometime now that handing out the power to define the scope of users rights to right holders – in the form of license agreements that they can (almost unilateral) draft and frame as they wish – is bad. Really bad: licenses fragment the legal framework that mandatory exceptions try to harmonize; licenses contain abusive terms or impose obligations on users that are not foreseen in the laws; and licenses have a huge impact on national budgets.

Unfortunately, this message has not come through to all, or not everyone understands what we are saying, or worse right holders have done a nice job in convincing lawmakers that’s the right way to go.

Allowing licenses to override exceptions is the only treat that publishers want

The current copyright reform carried the promise of being a landmark in the history of the EU copyright law. Lawmakers would finally show they understand that copyright is not superior to any of the other fundamental rights that every constitutional law across Europe grants to their citizens, and would make things right. Sadly, however, the prospects of that being the case for education are now very low.

MEPs passed the last year negotiating the scope of the educational exception. On the one hand, those who side with schools, teachers and students, proposed amendments to eliminate some of the constraints that the educational exception contains. On the other hand, those who side with publishers have been pushing for more restrictions, in order to narrow down the scope of the proposed exception even further.

Not enough MEPs understood that the most problematic aspect of art. 4 is not the scope of the mandatory exception (n.º 1) but the fact that Member States may choose not to apply such mandatory exception if licenses covering those uses are easily available in the market (n.º 2).

It is our understanding that publishers could not care less about the scope of the educational exception, provided that they can rule out the application of said exception with their own license agreements. This is copyright “taking the back seat”, as Professor Niva Elkin-Koren would put it.Continue reading

Educators ask for a better copyright

Educators ask for a better copyright
58 signatures for better copyright

Today COMMUNIA sent a joint letter to all MEPs working on copyright reform. The letter is an urgent request to improve the education exception in the proposal for a Directive on copyright in the Digital Single Market. It is supported by 53 organisations representing schools, libraries, universities and non-formal education, and also 5 individual educators and information specialists.

The future of education determines the future of society. In the letter we explain the changes needed to facilitate the use of copyrighted works in support of education. We listed four main problems with the Commission’s proposal:

#1: A limited exception instead of a mandatory one

The European Commission proposed a mandatory exception, which can be overridden by licenses. As a consequence educational exception will still be different in each Member State. Moreover, educators will need a help from a lawyer to understand what they are allowed to do.

#2 Remuneration should not be mandatory

Currently most Member States have exceptions for educational purposes that are completely or largely unremunerated. Mandatory payments will change the situation of those educators (or their institutions), which will have to start paying for materials they are now using for free.

#3: Excluding experts

The European Commission’s proposal does not include all important providers of education as only formal educational establishments are covered by the exception. We note that the European lifelong-learning model underlines the value of informal and non-formal education conducted in the workplace. All these are are excluded from the education exception.

#4: Closed-door policy

The European Commission’s proposal limits digital uses to secure institutional networks and to the premises of an educational establishment. As a consequence educators will not develop and conduct educational activities in other facilities such as libraries and museums, and they will not be able to use modern means of communication, such as emails and the cloud.

You can still endorse the letter by sending an email to education@communia-associations.org. You can read the full letter below or download the PDF.Continue reading

The defense of education at the World Intellectual Property Organization

Fighting for minimum international standards!

As we reported last month, Communia attended the 35th session of WIPO’s Standing Committee on Copyright and Related Rights (SCCR), which took place from 13 – 17 November in Geneva. The SCCR has a mandate to discuss limitations and exceptions to copyright, including for educational purposes. While Communia supports efforts to reach minimum international standards of exceptions and limitations to copyright in all the different areas that are currently under discussion (libraries, museums, archives, persons with disabilities, and education), our role there is specifically to support the dialogue on educational exceptions.

Why is it important to have baseline international standards?  

First, it’s a question of educational equity. The different treatments of education by copyright laws all over the world result in huge discrepancies in the way education is provided, thus increasing the inequality in educational outcomes. Educators in countries with none or poorly designed education exceptions have to be extremely careful when selecting the teaching materials they will use in educational activities or they can risk civil and criminal action for copyright infringement. Meanwhile, in countries that have strong, well-drafted copyright exceptions, teachers have the freedom to choose and use whichever materials they feel are most adequate for their instructional activities.Continue reading

Educational Institutions in Europe advocate for a better copyright reform for education

20171113_095554 (1)
#fixcopyright for education

There are many controversial things about current european copyright reform. We mainly hear about the fear of censorship of user-generated content or attempt to introduce something called ‘link tax’ to ensure press publishers right to control over the digital use of their content. But education? There are not many people, who will disagree that what Europe needs right now is a modern education system enhancing creativity, innovation and economic growth. Not to mention the importance of lifelong learning and the need of improving the quality and efficiency of education. Still repeated demand for digital skills and competences sounds like a cliche. You can find all of it well written down in EU documents and programs concerning education and training. So, there is one important question – why, when dealing with copyright issues, all these great ideas about the importance of education get forgotten?

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Estonian Presidency makes one more step towards licensing educational content

Soap Bubbles
Do not import across Europe Extended Collective Licensing for education

Do you remember the idea of educational fair use? The idea that education can benefit from a broad, flexible exception for a wide range of uses of copyrighted content while teaching and learning? The question is worth asking, as this progressive approach to copyright and education has not been mentioned even once in the ongoing European copyright reform process. It is a sign of how far away we are from right copyright for education. Instead, we are being pulled ever deeper into an opposite model, in which licensing is seen as the best copyright solution for educators and educational institutions. The Council of the European Union has just made one more step in that direction.

A quick reminder where we are with the copyright reform process in Brussels: the key vote in the JURI committee is continuously extended, and currently is planned for January 2018. The date should be seen as tentative. In the meantime, one more committee – the civil liberties committee LIBE – will make it’s vote in late November (but with a sole focus on the controversial article 13, the content filter article). As we await decisions to be made in the European Parliament, a proposal from the Council, prepared by the Estonian Presidency, has recently surfaced. Unfortunately, it spells one more step towards the licensing chasm for the educational sector.Continue reading

Fighting (for) copyright at Mozfest

Johan de Witt 's nachts op straat aangevallen
Working on a healthy internet

The last weekend of October in London, Mozilla organised Mozfest, its annual festival for the open internet movement. Mozilla wants to enable communities to contribute to making the internet a healthy place. The festival serves as a platform where civil society organisations, artists, journalists, copyright experts and other creators can come together to share and discuss the issues close to their hearts.

At Mozfest, COMMUNIA organised two session on copyright issues. We wanted to explain the role it plays online, but also to reimagine copyright that could support, and not hinder, new forms of creativity.
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CULT Committee wants educators to pay for content that they now use for free

The corn vendor who does not ask for money
CULT final opinion spells disaster for education

(With Teresa Nobre).

Last week, the Committee on Culture and Education (CULT) of the European Parliament voted on its final opinion concerning the Commission’s Directive on Copyright in the Digital Single Market. Copyright law in the shape proposed by the CULT MEPs would spell disaster for educators and educational institutions across Europe.

This post aims to provide educators with an overview of the changes to the draft Directive proposed by rapporteur Marc Joulaud, a French MEP from the EPP group, and then through amendments by the members of CULT. We start with an analysis of two clashing logics visible in the CULT debate, followed by an overview of key decisions made during the vote. We finish with advice on next steps in the ongoing fight to secure an educational exception that meets the needs of educators.

If you want to learn more, we have been covering the policy process from the start, with a focus on how the new law will affect educators.

Copyright and education: two clashing views

There are two clashing viewpoints in the ongoing debate on the new educational exception, and each represents a different approach for how to achieve the goals defined by the Commission in its Communication on the DSM strategy and subsequent Directive. These goals include “facilitating new uses in the fields of research and education” and providing a “modernised framework for exceptions and limitations”—which will result in a situation where “teachers and students will be able to take full advantage of digital technologies at all levels of education”.Continue reading

What educators need from copyright reform

Marietje Schaake and Lisette Kalshoven
Sharing the voice of the practicioner

Last Wednesday, June 21st, COMMUNIA organised an event in the European Parliament, hosted by MEP Marietje Schaake (ALDE) on copyright reform for education. We wanted to share one important voice often overlooked in the copyright reform, that of the educator. What is the type of copyright exception that we need to support 21st century education? We heard from practitioners, experts and policymakers during the event.

After an introduction by Marietje Schaake and moderator Lisette Kalshoven, we officially presented the results of the RIGHTCOPYRIGHT campaign to MEP Schaake. As Alek Tarkowski noted:

“In the copyright reform debate, we tend to see copyright as a core issue. For educators, copyright is a tool – or a barrier – to attaining educational goals. We should not forget this.”

Over 4800 people have supported the petition for a better copyright reform for education to date, and we hope MEP’s will listen to their demands.

What we can’t let educators share

Next we heard from Hans deFour, founder of KlasCement a very successful online educational resources platform in Belgium. More than 70.000 educators from Flanders are members, which means almost 50% of educators in primary, secondary and special education. Continue reading