European copyright solution must support all

Teachers and students travel in Europe. This is great. And it is important that when they access their educational material (whether the primary use or the secondary uses, see below), either in the country where they are teaching or enrolled or in any other country of the EU, they have legal certainty. The legal fiction in the EC proposal (access is deemed to take place in the country where the students are enrolled) achieves this purpose while maintaining the national legal traditions (from the Nordic ECL to the German educational licence to name just two).

In 2001, the legislators chose to adopt an illustration for teaching exception. This covers all types of learning provided that there is an illustration by the teacher of her/his course. A teacher must be able to use, under licences or an exception, material to teach, we cannot agree more. However, we fail to see why informal education would require illustration for teaching, hence we don’t see the rationale to include informal education in the scope of the Article 4.