Copyright in libraries (Germany)

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In the area of copyright in libraries , the realization of the fundamental rights of freedom of information and science for library users must be brought into harmony with the interests of authors (authors, etc.). Thanks to the principle of exhaustion for printed stocks, copyright, with the exception of the library royalty, plays only a subordinate role for analog library use. Due to the increasing digitization of content and the elimination of physical workpieces, the exploitation rights of intellectual property guaranteed in copyright law in particular form the legal framework for the use of the inventory. Legal restrictions allow interference in these exploitation rights and thus ensure uncomplicated use of copyrighted library resources.

Copyright basics in the library sector

In German copyright law, which also applies to non-German authors in Germany, the following rights of use of the author for libraries are particularly relevant in addition to moral rights (especially § 12 UrhG publication right when using reference material) :

  • § 16 UrhG right of reproduction (when copying)
  • Section 17 UrhG Distribution right (when borrowing)
  • § 18 UrhG Exhibition right (for exhibitions)
  • § 19a UrhG right of making available to the public (on the Internet)

Despite a wide range of existing restrictions, library users experience restrictions in exercising their basic right to information through copyright law. In order to permanently counteract these restrictions, libraries promote the Open Access movement, the possibilities of secondary publication , Creative Commons licenses and Open Educational Resources . Public domain works for which there is no copyright protection are also unproblematic in terms of copyright.

publication

In the case of unpublished university papers delivered to libraries, the right to publish must be obtained before they can be used.

Reproduction / copying and digitizing

In libraries, analog and digital reproductions are made by users and by the library itself for different purposes.

Users can create copies both privately and in the context of teaching, teaching and research.

Private copy and archive copy according to § 53 UrhG

For personal, non-commercial use, a private copy may be made both in paper form and digitally.

The private copy can also be done on behalf of the library. Legal advice from the library is in no way compulsory. The client is liable.

If the copiers and printers used for making private copies are operated by universities or public libraries, they are obliged to pay an annual flat-rate fee per device to VG Wort .

A copy for archiving and preservation purposes may only be made if it is a separate original and the archive is not generally accessible. A digital archive copy is permitted, but analog use of the archive must be given, i. H. at least one analog copy must also be made.

For “other”, including commercial use, only small parts of published works, individual articles from magazines and newspapers and works that have been out of print for at least two years may be reproduced.

Teaching, teaching and scientific research according to §§ 60a, 60c UrhG

In the non-commercial area of ​​teaching and research, for a specific group of people (students in a seminar, research group, examiners, reviewers)

  • up to 15% of a published work,
  • individual articles from a specialist journal / scientific newspaper,
  • Illustrations,
  • Works of small size and
  • out of print works

copied, distributed and made publicly available. Order copies are included. Articles from the daily and public press are excluded. Up to 75% of a work can be reproduced for your own scientific research.

Copies for library purposes according to § 60e (1) UrhG

Non-commercial, public libraries are allowed to reproduce works from their holdings in order to make them accessible, indexing , cataloging and to preserve the holdings ( backup copy) one or more times digitally and analogously, whereby technical changes (through migration ) are also permitted. No remuneration has to be paid for copies for library purposes.

Distribution / Lending

Works that have been sold by their authors may be redistributed in accordance with the exhaustion principle (Section 17 (2) UrhG). In return, libraries are obliged to make a lump-sum payment of library royalties to the compensation company VG Wort (Section 27 Paragraphs 2 and 3 UrhG).

For the purpose of restoration, libraries may distribute copies of works from their holdings to other libraries, archives, museums and educational institutions (Section 60e UrhG).

For the purpose of inventory protection, libraries are also allowed to lend restored works as well as reproductions of newspapers and out of print / destroyed works (§60e UrhG).

Sending of copies according to §60e (5) UrhG

The duplication and transmission of individual journal articles and articles from scientific journals as well as "small parts" (up to 10%) of published works is permitted. For private or other personal use, mail or fax may only be sent. Electronic dispatch is only permitted for non-commercial purposes in the context of research and teaching.

For sending copies, an individual payment according to § 60h UrhG is prescribed.

Public access / terminal use according to § 60e (4) UrhG

Libraries are allowed to make works from their holdings at terminals publicly accessible in their rooms. At these terminals you are allowed to copy your users for non-commercial purposes per session

  • up to 10% of a work,
  • individual images,
  • Articles from specialist journals / scientific journals [no newspapers!],
  • Small-scale works,
  • out of print works

enable. The use of the terminal is remunerated at a flat rate and the libraries are obliged to use technical measures to prevent improper use to a reasonable extent.

Research data, text and data mining

Research data do not count as "personal intellectual creation" in the sense of § 2 Abs. 2 UrhG. However, databases are protected by copyright in Paragraph 6 of the Copyright Act.

The automated reproduction and evaluation of research data ( data mining ) for non-commercial purposes is permitted and the resulting corpus may be made publicly available to a limited group of people for the purpose of quality assurance ( peer review ). After the research is completed, the access must be terminated. Libraries, archives, museums and educational institutions may keep a copy of the corpus for archival purposes (§ 60d UrhG).

Special case of daily press: newspapers and kiosk magazines

Articles from newspapers and kiosk magazines may only be reproduced as part of a private copy (§ 53 UrhG) or loan copy for other libraries or for the purpose of restoration (§ 60e UrhG).

The terminal use permitted for scientific articles (§ 60e UrhG), the sending of copies (§ 60e UrhG) and the scientific use according to § 60c UrhG are not permitted.

literature

Web links

Individual evidence

  1. ↑ Eric W. Steinhauer : The legal status of the libraries . In: Libraries and Information Society in Germany . Harrassowitz, Wiesbaden 2019, ISBN 978-3-447-06620-4 , pp. 64–82, here: p. 74 ( harrassowitz-verlag.de [accessed April 30, 2020]).
  2. ↑ From the Bern Convention of 1886, the principle of protected land / territoriality is derived , from which it follows that German copyright law applies to all authors, regardless of nationality, in Germany and not, for example, the copyright law .
  3. ↑ Framework contract for the remuneration of claims according to § 54c UrhG. VG Wort, 2013, accessed April 25, 2020 .
  4. ↑ Bernd Juraschko: Practical manual on copyright for libraries and information facilities . De Gruyter, Berlin 2015, ISBN 978-3-11-034676-3 , p. 156 .
  5. ↑ Framework contract for the remuneration of claims according to § 60e Abs. 4 in conjunction with § 60h Abs. 1 UrhG. VG Wort, 2019, accessed April 27, 2020 .