<aside> 💡 For more detailed information please refer to the the full guide: Article 5: Digital and cross-border teaching activities


What is at issue in Article 5?

Currently, some countries have educational exceptions and others do not. This fragments and severely limits education in the EU region. Online and cross-border activities are not possible. Article 5 attempts to harmonize this fragmented legal landscape, by requiring Member States to implement in their laws the same minimum set of rights for digital and cross-border teaching activities. However, that objective will only be fulfilled if Member States do not make use of a couple of harmful options contained in Article 5.

Breaking down Article 5

What can be done? Digital uses (no distribution)

Who can make those uses? Educational establishments

What content can be used? Works and other subject matter protected by EU laws

For which purposes? Illustration for Teaching

To what extent? Member States decide

In which places? Any venue

Using which technologies? Secured electronic environment

For free or paid? Member States decide

Is the use allowed if there are licenses for the same use? Member States decide

Covers cross-border and online uses? Yes (fictions that everyone is where the school is) (but doesn’t work for joint activities by schools in different countries)

How to deal with Article 5?

Implement Article 5

In countries where there is no political willingness to take full advantage of the policy space that is available under the existing EU laws, but only to do what is requested by Article 5, one should advocate for the best possible implementation of Article 5, which is a version that respects the conditions required by the EU lawmakers, but does not make use of the harmful options given to national lawmakers: