Copyright and Digital Teaching Exceptions in the EU: Legislative Developments and Implementation Models of Article 5 CDSM Directive

Abstract

Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM) attempted to modernize the regime of copyright exceptions and limitations related to teaching activities. Its aim is to enhance the flexibility behind permitted uses to the benefit of educational institutions regarding their digital and cross-border teaching. The pressing need for such a legislative reform was confirmed by the outbreak of the COVID-19 pandemic, which dramatically moved teaching environments to online platforms. The paper dissects Article 5 CDSM Directive unveiling three layers of analysis. First, the substance, logic, and promises of the new provision are introduced. Second, it identifies diverging national implementation models, developing a comparative study of the Hungarian, German, and Italian experiences. Third, drawing from the comparative study, the paper provides fundamental guidance in understanding whether the Article 5 CDSM Directive can be considered an evolution or, rather, a devolution of the copyright teaching exceptions in Europe. Focusing on the systematic concerns arising from the new provision, its embedded limits, and the strategic uses of the licensing carve-out, we conclude that the EU legislator has only partially achieved the goal to strike a more European, modern, and sustainable balance between copyright protection and right to education in the digital environment.

- The article is available Open Access on the IIC journal website.

Keywords: EU copyright law, exceptions and limitations, digital teaching activities, Digital Single Market, fair balance

JEL Classification: K10, K19, K40, D23, O3