Giulia Priora on Copyright and Digital Teaching Exceptions in the EU

Our Fellow Giulia Priora and co-authors Bernd Justin Jütte and Péter Mezei analyze the implementation models of a new EU provision on copyright exceptions and limitations related to digital teaching activities, in a new article in IIC - International Review of Intellectual Property and Competition Law.

The paper dissects Article 5 of the 2019 EU Directive on Copyright in the Digital Single Market (CDSM), which was introduced to modernize the regime of copyright exceptions and limitations related to teaching activities, aiming to offer more flexibility to educational institutions for their digital and cross-border teaching. The regulation has become especially important once the COVID-19 pandemic forced many educational activities online.

The paper develops a comparative study of the Hungarian, German, and Italian experiences, representing three models of national implementation of the EU regulation. On the basis of this study, the authors conclude that “the EU legislature has only partially achieved the goal of striking a more European, modern, and sustainable balance between copyright protection and the right to education in the digital environment.”

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