Interpretation of the concept of ‘education and teaching’ as employed in Directive 2001/29/EC

15.6.2017

Question for written answer E-003998-17
to the Commission
Rule 130
Claude Rolin (PPE) , Pascal Arimont (PPE)

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society refers in Recital 14 to ‘exceptions or limitations in the publicinterest for the purpose of education and teaching’. These exceptions and limitations are laid down formally in Article 5.

In Belgium, the exceptions apply to schools and universities, but not to crèches and childcare centres, even though the latter have an important educational function: they play a role in socialising children, in helping them to develop their faculties and in safeguarding their well-being. They encourage children in their discoveries and learning experiences. The use of music and other copyrighted works is part of this process and should be encouraged. The same applies to the work of youth organisations.

What is the scope of the exception ‘for the purpose of education and teaching’ and does it cover crèches, childcare centres and similar facilities?

Do the exceptions from copyright also apply to youth organisations (youth clubs, scout and guide troops, etc.), in that their activities serve the public interest and are carried out for the purpose of education?