Following the joint high-level conference on 11 April 2018 on the topic of “A better copyright for quality higher education and research in Europe and beyond”, ETUCE, EFEE and COMMUNIA have issued joint conclusions directed towards the EU institutions in the context of the upcoming EU Copyright Directive. The emphasis lies on an EU-wide copyright exception for the use of digital materials for, non-commercial education and research purposes. This means that the copyrighted works can freely be shared and exchanged across member states, without any kind of request for permission or mandatory fee. The aim of including the exception in the directive is to promote collaboration and exchange in online learning and teaching environments, relieve teachers and researchers of the fear of breaking the law as well as eliminate the legal uncertainty about the use of digital materials.

ETUCE, EFEE and COMMUNIA also advocate for the exception or a limitation for education and for a text data mining exception for research to provide a more diverse choice of learning materials and resources for students, teachers, school leaders, academics and researchers. A genuine exception for education can contribute to the development of cross-border cooperation between institutions, students, teachers, school leaders, academics and researchers in the EU.

Within the context of the EU Copyright directive, ETUCE, EFEE and COMMUNIA consider essential:

• A genuine copyright exception: Educators would benefit from an EU-wide education exception which educators can rely upon across the European Union.
• Copyright and social dialogue: The European Commission should promote social dialogue with social partners as main actors in national negotiations on copyright regulations in education.
• Balance between the rights of teachers as users and the rights of teachers as content creators: The new exception should balance the rights of creators and users. Students, teachers, school leaders, researchers and other education personnel are users and creators at the same time.
• Remuneration should not be mandatory: Payments should therefore remain optional and any changes to this model should be subject to consultation with the respective Ministry of Education.
• Closed-door policy: An EU-wide exception for non-commercial educational purposes that cannot be sidelined by licenses and that cannot be overridden by a private contract but that at the same time respects successful national Copyright models in certain EU countries are crucial. An exception that includes all relevant providers of education and an exception that permits the diversity of educational uses – both digital and analogue – of copyrighted content is fundamental.

As key stakeholders in the use of copyright in education, ETUCE, EFEE and COMMUNIA are united in the points above and in advocating that the European Parliament takes them in to account when considering the EU Copyright Directive in its current form.

As key stakeholders in the use of copyright in education, ETUCE, EFEE and COMMUNIA are united in the points above and in advocating that the European Parliament takes them in to account when considering the EU Copyright Directive in its current form.

The European Trade Union Committee for Education (ETUCE) represents 132 Education Trade Unions and 11 million teachers in all countries of Europe, 4.2 million teachers in the EU, from all levels of the education sector. ETUCE is a Social Partner in education at the EU level and a European Trade Union Federation within ETUC, the European Trade Union Confederation. ETUCE is the European Region of Education International, the global federation of teacher unions.

e-mail: secretariat@csee-etuce.org
Phone : +32 (0)2 224 06 92