Re: [EDUC] consultation européenne sur la ré forme du droit d'auteur, partie éducation

[Jeanne Tadeusz <jtadeusz AT april.org>]

Bonjour,

merci pour tous vos retours. 

J'ai commencé à rédiger des réponses, les voici ci-dessous. Toutes les 
suggestions sont les bienvenues (en français comme en anglias, bien sur!)

Librement,

Jeanne

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F. Teaching

>42. (a) [In particular if you are an end user/consumer or an institutional 
>user:] Have you experienced specific problems when trying to use works or 
>other subject-matter for illustration for teaching, including across 
>borders? 
>b) [In particular if you are a right holder:] Have you experienced specific 
>problems resulting from the way in which works or other subject-matter are 
>used for illustration for teaching, including across borders?
YES. 
Teachers require two types of activities : searching for illustrative 
resources and sharing works. In both cases, copyright as it is currently 
enforced prevents the use of some resources. For instance, when searching for 
illustrative resources, teachers need to both search for such resources and 
for their authors, then contact them and ask them for the right to use the 
resource. In the everyday life of a teacher, this is a real problem as it is 
very costly in time. moreover, it causes issues when the teacher want to 
share his/her works. 
The lack of educative contents placed under a free license and the lack of a 
fair use doctrine for teachers effectiviely prevent them from using works in 
their teaching. 
In sharing the works, one of the main issue is also the formats used by all 
teachers : the lack of open standards in education structures and in school's 
IT equipment choices lead teachers to being unable to exchange information, 
or require them to buy specific software to allow the sharing of works. 

>43. If there are problems, how would they best be solved?  
A fair-use mechanism for teaching materials should be implemented, so that 
teachers can use various works with their students without too many 
hindrances. 
Similarly, mandating the use of open standards in education and education 
material would significantly help teachers to share works. 

>44. What mechanisms exist in the market place to facilitate the use of 
>content for illustration for teaching purposes? How successful are they? 

>45. If your view is that a legislative solution is needed, what would be its 
>main elements? Which activities of the beneficiary institutions should be 
>covered and under what conditions?
The main element would be the establishment of a fair-use doctrine that allow 
teacher to use works for their classes without having to ask for permission 
from the rightholder. 

>46. If your view is that a different solution is needed, what would it be?