Germany has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Section 44a of the Act on Copyright and Related Rights. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for those temporary acts of reproduction which are transient or incidental and constitute an integral and essential part of a technical process and whose sole purpose is to enable: i) a transmission in a network between third parties by an intermediary, or ii) a lawful use of a work or other protected subject-matter to be made and which have no independent economic significance.

Implementation details:

Beneficiaries:

• intermediaries (transmission in a network)
• any user (other lawful uses)

Purposes:

• transmission in a network between third parties by an intermediary
• other lawful uses

Usage:

• temporary acts of reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the nature of reproductions must be transient or incidental
• the reproductions must be an integral and essential part of a technological process
• the reproduction must have no independent economic significance

Introduced/last updated: 09 October 2003