Joint Tariff JT 7 substantiates private use for educational purposes

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The rather antiquated legal wording in Art. 19 para. 1(b) CopA,‘Use of a work by a teacher’, does not clarify who exactly is privileged by the limiting provision of private use for educational purposes. The circle of users actually includes many more people than just the teacher who teaches in the class. Pursuant to Joint Tariff JT 7, pupils, students, teachers, university lecturers, assistant lecturers – respectively all levels, both public as well as private educational institutions – employees of schools and teaching institutions, assistant, academic and non-academic employees included, as well as the associated libraries belonging to the educational institutions also fall under educational use.

From today’s perspective, the circumlocution ‘for educational purposes’ is also no longer suitable; teaching has not only taken place in the classroom for some time now. ‘Educational purposes’ refers to every event including a teacher and their pupils which takes place within the scope of the teaching plan. This also includes completing tasks at home, online distance education, seminars, etc.The act of use includes every use of works such as books, images, films, music, radio and TV programmes. Permitted acts of use include, for example, lectures, presentations, performances, recordings, editing, copying on paper, electronic storage, scanning, publishing over an internal network (internal online platform), making perceptible, saving on internal networks, CDs, DVDs, etc. However, the scope of the use of a work differs, depending on the type of work.