Copyright for Teachers
Certain Aspects of the German Copyright Law
September 17, 2011
Stefan Lüft, CMS Hasche Sigle, Munich
Content
I. Works protected by copyrights
II. Owner of the copyright
III. Term of protection
IV. Rights of the author
V. Permitted use of protected works
VI. Exceptions and limitations of copyright
VII. Consequences of infringements
VIII. Consequences for use of copyright protected materials by
teachers
Copyright for Teachers | 17. September 2011 2
I. Works protected by copyrights
German copyrights protects authors of literary, scientific and artistic
works which are personal intellectual creations
Work categories include:
• Works of language
• Musical works
• Works of pantomime, including choreographic works
• Works of fine art, including works of architecture and of applied art and
plans for such works
• Photographic works, including works produced similar to photographic
works
• Film works, including works produced similar to film works
• Illustrations of scientific or technical nature like drawings, plans, maps,
sketches, tables and 3-dimensional representations
Adaptations of works (e.g. translations), collections and data base
works protected as well
Photographs and moving pictures protected similar to photographic
works/film works
Additional protection provided for computer programs, scientific
editions, posthumous works, and in favor of performers, organizers of
a performance, broadcaster, producers of a data base and film
producers
II. Owner of the copyright
Owner of the copyright: author
In case of joint creation: joint owners, joint ownership
• Copyright itself cannot be assigned to third parties, but rights to use
protected works may be assigned (license)
III. Term of protection
Generally 70 years post mortem auctoris
IV. Rights of the author
Moral rights
• Right of publication
• Recognition of authorship
• Protection against distortion of the work
Exclusive rights to use the work
• in material form
• for communication to the public
Right to use the work in material form, in particular
• Reproduction right (Sec. 16 Urhebergesetz, UrhG)
• Distribution right (Sec. 17 UrhG)
• Exhibition right (Sec. 18 UrhG)
Right of communication to the public, in particular
• Recitation, performance and presentation right (Sec. 19 UrhG)
• Right to make the work available to the public (Sec. 19a UrhG)
• Broadcasting Right (Sec. 20 UrhG)
• Right of communications by means of video or audio recordings (Sec.
21 UrhG)
• Right of communications of broadcasts and works made available to
the public (Sec. 22 UrhG)
Decisive point: Communication to the public, if intended for a plurality
of persons not connected by personal relationship with each other or
the organizer
Scope of protection: Copyright protected work is not only protected
against identical use, but as well against the publication or
commercial use of adaptations or other transformations (Sec. 23
UrhG)
V. Permitted use of protected works
Use of copyright protected works permitted, if
• License agreement in place (contractual relationship), or
• approved by the owner of the right (declaration by right holder, e.g.
"print"-button in the internet), or
• based on a legal exception or limitation of the copyright
VI. Exceptions and limitations of copyright
Exceptions and limitations of copyright safeguard a fair balance of
rights and interests between right holder and users of protected
subject-matter
Condition for use of a copyright protected work on the basis of an
exception or limitation: no changes of the work and indication of the
source
Examples of exceptions and limitations of special interest for
teachers:
• Reproduction of schools broadcast (Sec. 47 UrhG)
Schools: publicly available schools (Grund-, Haupt-, Realschulen,
Gymnasien, Berufs-, Berufsbildende Schulen, Abend- und Sonderschulen)
no schools: Volkshochschulen or entity offering private lessons
• Right to quote (Sec. 51 UrhG)
• Public communication (Sec. 52 UrhG)
• Right to make available for teaching and research (Sec. 52a UrhG)
• Reproduction for private or other personal uses
Private copy (Sec. 53 para.1 UrhG)
for other personal use (Sec. 53 para. 2 UrhG)
for use for teaching and for examinations (Sec. 53 para. 3 UrhG)
Remuneration for use of copyright protected works on the basis of
limitations and exceptions:
• Use of copyright protected works on the basis of exceptions and
limitations is in most cases only allowed, if right holder is granted fair
compensation.
• compensation collected by collecting societies which distribute
proceeds to right holders (GEMA, VG Wort, VG Bildkunst, VFF, VG
Media, …)
• Principles for collection of compensation by collecting societies:
Rights holders entitle collecting societies to assert their rights
Collecting societies establish tariffs and/or conclude agreements with
organizations of manufacturers of copying machines, recorders, storage
media or of user groups (e.g. agreements between the states of Germany
and the collecting societies on the use of reproductions of copyright
protected works and the making available of such works for school
classes).
VII. Consequences of infringements
Right holder entitled to the following claims:
• Claim for cease and desist from infringement
• Claim for destruction of unlawful reproductions and tools used for the
reproduction
• Claim for information on illegal activities
• Claim for damages
Copyright infringement is a criminal offence
VIII.Consequences for use of copyright
protected materials by teachers
1. Works of authors which are dead for more than 70 years may
generally be used without permission.
2. In principle all writings of a certain complexity, all works of fine
art, all photographs, movies and computer games are the
subject matter of copyright protection. Works of architecture
and applied arts may be protected by copyright depending on
the level of creativity.
3. works available in the internet are protected by copyright and
may only be used with consent of right holder or in compliance
with a legal exception or limitation of copyright.
4. The fact that a text or photograph can be down-loaded or
printed from the internet may be seen as consent for personal
use by the user, but not for further reproduction and use for
teaching.
5. The offerer of private lessons is NOT privileged by the legal
limitations and exceptions for reproduction for or making
available of protected works for teaching in schools or other
non-commercial institutions of education and further education
or institutions of vocational education
6. Consequently, the offerer of private lessons has to ask for
permission for reproduction, distribution and any form of
communication to the public (rights holder or collecting society)
7. Teachers in privileged schools and institutions have to comply
with the limitations of the copyright law and, if applicable, the
provisions of agreements concerning the use of works at
school.
• Major limitations under the law:
Only small parts of a work, works of a minor scope or individual
contributions published in newspapers or periodicals or made available to
the public may be reproduced for the use in class ore made available for
download to the class.
Works intended for the use in schools may only be used with permission.
• Modifications by existing agreements: see
www.lehrerfortbildung-bw.de/sueb/recht/urh/
Thank you for your attention!
Stefan Lüft, CMS Hasche Sigle, München
Stefan.Lueft@cms-hs.com
Tel.: 089 / 23 807-160
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Titel der Präsentation | 19. Januar 2012 22