(1) For the purpose of illustration in teaching in educational establishments, up to 15 per cent of a published work may be reproduced, distributed, made available to the public or otherwise communicated to the public on a non-commercial basis
1. for teachers and participants at the respective event,
2. for teachers and examiners at the same educational establishment and
3. for third persons insofar as this serves the presentation of lessons or lectures or the results of tuition or training or learning outcomes at the educational establishment.
(2) In derogation from subsection (1), full use may be made of illustrations, individual articles from the same professional or scientific journal, other small-scale works and out-of-commerce works.
(3) Subsections (1) and (2) do not authorise the following uses:
1. reproduction of a work by means of recording onto video or audio recording mediums or communication to the public of a work whilst it is being publicly recited, performed or presented,
2. reproduction, distribution and communication to the public of a work in schools which is exclusively suitable, intended and labelled for teaching in schools and
3. reproduction of graphic recordings of musical works to the extent that such reproduction is not required for making content available to the public in accordance with subsections (1) or (2).
Sentence 1 only applies where licences for such uses are easily available and traceable, they meet the needs and specificities of educational establishments and permit uses in accordance with sentence 1 nos. 1 to 3.
(3a) Where works are used in secure electronic environments for the purposes referred to in subsection (1) no. 1 and no. 2 and subsection (2) in Member States of the European Union and Contracting Parties of the Agreement on the European Economic Area, such use is deemed only to have been effected in the Member State or Contracting Party in which the educational establishment is domiciled.
(4) ʻEducational establishmentʼ means early childhood educational establishments, schools, universities, vocational schools, and other training and further education institutions.