5.2.2-1 There must be an ‘educational context or an educational use’ for someone to be able to invoke private use for educational purposes. When is this the case?

The law speaks of ‘educational purposes’, i.e. when a teacher would like to use a work for teaching purposes. However, ‘teaching’ does not refer to traditional school teaching in the classroom or in class groups. Instead, it includes every event in an educational context, in particular multi-class forms of teaching, project teaching, lectures, seminars, as well as completing tasks at home, (online) distance education, and using an online platform of the educational institution.However, an ‘educational context or educational use’ only exists when someone uses a work for these events to fulfil the teaching or learning purpose. And this ‘someone’ does not necessarily have to be a teacher. Pursuant to Joint Tariff JT 7, pupils, students, teachers, university lecturers, assistant lecturers – of all levels, in both public as well as private educational institutions – employees of schools and instructional institutions, assistant, scientific and non-scientific employees included, as well as the associated libraries belonging to the educational institutions fall under educational use.

5.2.2-2 Does a film shown during a school camp one evening to entertain the pupils fall under ‘educational use’?

No, this does not serve an educational purpose.

5.2.2-3 If PhD students take part in a conference, is this considered to be ‘an educational context’?

No, although PhD students can also belong to the circle of people in an ‘educational context’, a public conference is not a related teaching event for which a work can be used.

5.2.2-4 Is a school library allowed to tape films on television and make these available for use in the library?

Pursuant to Joint Tariff 7 sect. 7.4., complete radio and television programmes may be saved and archived on an internal password-protected school platform and then made available to the employees of the educational institution within the scope of private use for educational purposes as long as radio or TV are the only sources, i.e., no CDs or DVDs with the corresponding programmes are commercially available (c.f. the information sheet ‘Net-based use of complete radio and TV programmes by schools’ for further information).

5.2.2-5 May the media library of a music school make complete copies of CDs and DVDs and lend them to its lecturers and students?

No, without the consent of the author or the owner of rights only incomplete copies of CDs and DVDs may be copied for private use for educational purposes (Art. 19 para. 1 (b) in conjunction with Art. 19 para. 3(a) CopA). Excerpts are therefore permitted.

The situation is different in the case of private use in the personal sphere or in a private circle; here, complete copying of CDs and DVDs is permitted (Art. 19 para. 1(a) in conjunction with Art. 19 para. 3(a) CopA).

• libraries and other institutions accessible to the public may copy works (also completely) to secure and preserve their collections if these copies are not made for financial gain (Art. 24 para. 1bis CopA).

5.2.2-6 Is a local library allowed to tape films on television and make these available for borrowing in the library?

No, as this is not covered by private use in the personal sphere or in a private circle, nor by private use for educational purposes, nor by professional use (Art. 19 para. 1(a, b and c) CopA).

5.2.2-7 May a professor make a collection of particular articles, e-books, etc. (digital reserve list) available to his students on his homepage?

Yes, as long as he limits the access to the digital reserve list to his students in the case of the use of third-party works (password) and takes the scope of the work into consideration, depending on the type of work. The professor may make his own works freely available as long as he has not given up the rights to them.

5.2.2-8 May a university lecturer commission the university library to make copies of teaching material for his classes?

Yes, as long as he himself falls underprivate use for educational purposes (Art. 19 para. 1(b) CopA); in this case, he may use a third party, a library, to make the copies for him (Art. 19 para. 1(b) in conjunction with Art. 19 para. 2 CopA). However, it means that the library may only copy excerpts from the teaching material.

5.2.2-9 May films taped for private use for educational purposes be shown at a school pupils’ party?

No, this is not covered by private use for educational purposes pursuant to Art. 19 para. 1(b) CopA, which means that taped films may only be used for teaching (c.f. Joint Tariff 7 in this regard).

5.2.2-10 May an archive collect newspaper articles on particular topics and make them available to users (in analogue and digital form)? And when does this use fall under Joint Tariff 7?

Yes, an archive may collect newspaper articles when it can either invoke private use for educational purposes or professional use.

The archive can refer to private use for educational purposes (Art. 19 para. 1(a) CopA) or JT 7 when it is a part of an educational institution. In this case, the archive can make the newspaper article collection available in analogue as well as in digital form to the members of the educational institution concerned. NB: the collection must be put online on a password-protected platform; it may not be made freely available on the Internet.

The archive can refer to professional use for internal information and documentation (Art. 19 para. 1(c) CopA). It can also make the collection available in analogue or digital form; however, only internally for its employees' use.

5.2.2-11 May a university lecturer use parts of her research assistant’s still unpublished thesis for her lecture?

No, unless the employee consents to this use. Otherwise, only published works may be used for private use, Art. 19 para. 1 p. 1 CopA.