Proposed Article 5 - Exceptions to the restricted acts set out in Articles 2 and 3
(1) Temporary acts of reproduction referred to in Article 2 which are an integral part of a technological process for the sole purpose of enabling a use to be made of a work or other subject matter, and having no independent economic significance, shall be exempted from the right set out in Article 2.
(2) Member States may provide for limitations to the exclusive right of reproduction provided for in Article 2 in the following cases:
a. in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects;
b. in respect of reproductions on audio, visual or audio-visual recording media made by a natural person for private use and for non-commercial ends;
c. in respect of specific acts of reproduction made by establishments accessible to the public, which are not for direct or indirect economic or commercial advantage;
(3) Member States may provide for limitations to the rights referred to in Articles 2 and 3 in the following cases:
a. use for the sole purpose of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved;
b. for uses for the benefit of visually-impaired or hearing-impaired persons, which are directly related to the disability and of a non-commercial nature and to the extent required by the specific disability;
c. use of excerpts in connection with reporting of current events, as long as the source is indicated, and to the extent justified by the informatory purpose;
d. quotations for purposes such as criticism or review, provided that they relate to a work or other subject matter which has already been lawfully made available to the public, that the source is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;
e. use for the purposes of public security or for the purposes of the proper performance of an administrative or judicial procedure.
(4) The exceptions and limitations provided for in paragraphs 1, 2, and 3 shall only be applied to certain specific cases and shall not be interpreted in such a way as to allow their application to be used in a manner which unreasonably prejudices the rightholders’ legitimate interests or conflicts with the normal exploitation of their works or other subject matter.