The CJEU and the educational exception in Renckhoff: Permitted to view but not to share?

Abstract

Copyright law is all about balance; it is a balancing act. Its ultimate goal lies in reconciliation of two seemingly conflicting objectives: to guarantee a just reward for creators of works of arts and intellects and to safeguard public access to those works. 1 This balance is pursued through various modalities which include the idea-expression dichotomy, limited terms of protection, collective rights managements, and limitations and exceptions like fair use and fair dealing. The application of these modalities in striking a balance between competing rights has never been straightforward. This delicate balance has been further threatened by the digital technology. Expectedly, copyright owners revived the usual hostility which normally accompanies introduction of a new technology and become more vociferous in ensuring that the advantage gained in the age analogue technologies was is not lost in the digital sphere. Lawmakers' responses have often represented a capitulation to this lobby and failed to take account of the public interest.By ensuring public access, the copyright system fosters learning and dissemination of information. Examples may be found in exceptions supporting teaching, research and criticism and allied activities. When teaching, tutors use copyrighted works to illustrate their point (e.g. showing a painting or playing part of a broadcast). Also, learners engage in transformational usages sharing acquired information with peers. Through blended or hybrid learning, technology supported learning is becoming the norm while fast internet broadband has created an environment for distance learning to thrive. Students listen to recorded lectures or learn in real-time interacting with instructors and peers around the world. However, it appears the CJEU might have jeopardised this innovative way of learning in favour of copyright protection when it fails to fill the lacunae in the InfoSoc Directive with its decision in Renckhoff.