Germany has implemented the Use in digital and cross-border teaching activities (Art. 5 DSM) exception in §60a, §69d(5), §83, §85(4), §87(4), §87c(1)3 and(4), §87i, §94 Urheberrechtsgesetz – UrhG. The national exception closely resembles the EU exception.

Implementation summary:

Germany has one copyright exception for illustration for teaching in educational establishments, with specific conditions for computer programs (§69d(5)). This exception falls under the scope of protection of Article 5 of the DSM Directive (§60a) but remote uses are subject to fewer conditions. In addition there is a provision stating that he conditions set forth in this exception apply to the use of databases protected by sui generis right (§87c(1)3 and (4)), as well as provisions stating that the exceptions to copyright apply to performances (§83), phonograms (§85(4)), broadcasts (§87(4)), press publications (§87i), film fixations (§94).

Implementation details:

Beneficiaries:

  • teachers and participants at the respective event; teachers and examiners at the same educational establishment; 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

Purposes:

  • illustration in teaching in educational establishments, on a non-commercial basis

Usage:

  • reproduction, distribution, make available to the public and communication to the public (published works, performances, phonograms, broadcasts, film fixations, press publications)
  • reproduction, distribution, make available to the public, communication to the public, translation, adaptation, arrangement and other modifications of a computer program, as well as the reproduction of the results thereof (computer programs)
  • reproduction and digital distribution and digital communication to the public of a part of a database which is essential in terms of its nature or extent (databases protected by sui generis right)

Subject Matter:

  • published works, performances, phonograms, broadcasts, film fixations, press publications, databases protected by sui generis right

Compensation:

  • no compensation is required (communication to the public (other than making the content available to the public) for the benefit of members of educational establishments and their families)
  • compensation is required (all other uses)

Attribution:

  • the source must in all cases be clearly indicated; does not apply where the source is neither named on the work used or when the work used is communicated nor otherwise known to the person authorised to make the reproduction or distribution or the examination purposes necessitate dispensing with indicating the source (reproductions)
  • the source including the author’s name, must in all cases be indicated, unless this is not possible (communication to the public and digital uses)

Other Conditions:

  • map[quantity limitations:only allows the use of up to 15 percent of a published work; works can however be used in their entirety if they are illustrations, individual articles from the same professional or scientific journal, other small-scale works and out-of-commerce works; computer programs may also be used in their entirety]
  • map[licence availability:this exception does not apply to the following uses on the condition that licences for such uses are easily available and traceable, they meet the needs and specificities of educational establishments and permit such uses: 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; reproduction, distribution and communication to the public of a work in schools which is exclusively suitable, intended and labelled for teaching in schools; reproduction of graphic recordings of musical works to the extent that such reproduction is not required for making content available to the public for the purposes covered by the exception]

Introduced/last updated: 21 June 2021

Remarks: The exception for teaching in educational establishments (§60a) allows the reproduction, distribution, making available to the public or communication to the public of up to 15 percent of a published work, entire illustrations, individual articles from the same professional or scientific journal, other small-scale works and out-of-commerce works, for the purpose of illustration in teaching in educational establishments, on a non-commercial basis. This exception is for the benefit of teachers and participants at the respective event; teachers and examiners at the same educational establishment; and 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. This exception does not apply to the following uses, on the condition that licences for such uses are easily available and traceable, they meet the needs and specificities of educational establishments and permit such uses: 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; reproduction, distribution and communication to the public of a work in schools which is exclusively suitable, intended and labelled for teaching in schools; reproduction of graphic recordings of musical works to the extent that such reproduction is not required for making content available to the public for the purposes covered by the exception. There's a provision stating that, where works are used in secure electronic environments for the purposes covered by the exception (except for third persons) in EU or EEA countries, such use is deemed only to have been effected in the Member State or Contracting Party in which the educational establishment is domiciled. The act of communication to the public (other than making the content available to the public) for the benefit of members of educational establishments and their families for the purposes covered by the provision, is not subject to compensation; all other uses are subject to compensation (§60h(2)1).
The use of computer programs under the exception for teaching in educational establishments is subject to further conditions (§69d(5)): digital uses must take place under the responsibility of an educational establishment on its premises, at other locations or in a secure electronic environment; computer programs may be used in their entirety; computer programs may be subject to translation, adaptation, arrangement and other modifications of a computer program, as well as the reproduction of the results thereof.
The conditions set forth in this exception apply to the reproduction of a qualitatively or quantitatively substantial part of a database protected by sui generis right, as well as to the digital distribution and digital communication to the public of a part of a database, which is essential in terms of its nature or extent, for the purpose of illustration in teaching in educational establishments (§87c(1)3 and (4)).
There are also provisions stating that the exceptions to copyright apply to performances (§83), phonograms (§85(4)), broadcasts (§87(4)), press publications (§87i) and film fixations (§94).