Table 1.
Summary of national regulations.
| D 2001/29 Art. 5.2.c |
D 2001/29 Art. 5.3.a |
D 2001/29 Art. 5.3.n |
D 96/9 Art. 9(b) |
|
|---|---|---|---|---|
| Denmark | allowed through extended collective license | allowed through extended collective license | legal license | no provision |
| France | legal license |
legal license (except for school books) |
no provision | no provision |
| Germany | legal license (restricted) |
legal license (except for school books) |
allowed within the premises, if no other data use agreement | legal license (except for commercial use) |
| Italy | legal license |
legal license (restricted) |
allowed within the premises, if no other data use agreement | legal license (except for commercial use) |
| Norway | legal license |
no provision | allowed through extended collective license |
no database protection |
| Sweden | legal license |
no provision | allowed through extended collective license |
no provision |
| Switzerland | legal license |
no provision | no provision | no database protection |
| United Kingdom | legal license (restricted) |
legal license (linked to “fair dealing”) |
legal license (linked to “fair dealing”) |
legal license |
A legal license refers to the use of protected works allowed by law, normally linked to a levy. Legal licenses supersede individual data use agreements. Extended collective licenses are agreements between a qualified user (e.g. a library) and a national collecting society which represents a considerable number of national right-holders. The figures in the first line refer to the following provisions:
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.
Article 5.2: Member States may provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases:
(c) in respect of specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage
Article 5.3. Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases:
(a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author’s name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved.
(n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections
Directive 2001/29/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases. Article 9 Exceptions to the sui generis right:
Member States may stipulate that lawful users of a database which is made available to the public in whatever manner may, without the authorization of its maker, extract or re-utilize a substantial part of its contents:
(b) in the case of extraction for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved