41) Therefore, to allow such a posting without the copyright holder being able to rely on the rights laid down in Article 3(1) of Directive 2001/29 would fail to have regard to the fair balance, referred to in recitals 3 and 31 of that directive, which must be maintained in the digital environment between, on one hand, the interest of the holders of copyright and related rights in the protection of their intellectual property, guaranteed by Article 17(2) of the Charter of Fundamental Rights of the European Union and, on the other hand, the protection of the interests and fundamental rights of users of protected subject matter, in particular their freedom of expression and information guaranteed by Article 11 of the Charter of Fundamental Rights, as well as the public interest.

42) In that context, the Land of North Rhine-Westphalia argues that, in circumstances such as those at issue in the main proceedings, in weighing the interests at issue, account must be taken of the right to education, laid down in Article 14 of the Charter of Fundamental Rights. In particular, the action of the pupil concerned is covered by the exercise of that right, since the photograph was placed on the first page of the presentation written by her, for illustration purposes, as part of a language workshop. However, in that connection, it suffices to state that the findings set out in paragraph 35 of the present judgment, relating to the concept of ‘new public’, are not based on whether the illustration used by the pupil for her school presentation is educational in nature, but on the fact that the posting of that work on the school website made it accessible to all the visitors to that website.