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  • 4.7 Unrestricted Performance Right in Educational Contexts
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According to § 21 of the Copyright Act, a work may be performed publicly in an educational context [1]. Thus, for example, a musical recording borrowed from a library may be presented in the context of musical education.

Unrestricted performance right does, however, not apply to teaching, which is carried out for commercial purposes. In other words, if the aim is for the organizer to make a profit, benefit or gain otherwise economically from teaching, unrestricted rights cannot be applied. It is clear, that the provision is applicable for basic university education, where the presentation of published works is always free and unrestricted. Application may be less certain in the context of further education that is subject to charge. In a singular case, application of the provision is affected by the aims and nature of the teaching, whether indirect or direct gain to the organizer is sought from the training and how central the performance of the work is to the training. In addition, dramatic plays and films are excluded entirely from this provision.

Notes and References

[1] Copyright Act § 21