Germany has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Section 55 of the Act on Copyright and Related Rights (UrhG). The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the transfer of a work to video or audio recording medium by a broadcasting organisation which is authorised to broadcast said work and by its own means, for the purposes of broadcasting via own transmitters or relay stations. The video or audio recording mediums must be deleted within one month after the work is first broadcasted. In addition, video or audio recordings of an exceptional documentary value need not be deleted if they are to be included in an official archive. The author must be notified immediately of their inclusion in the archive.

Implementation details:

Beneficiaries:

• broadcasting organisation

Purposes:

• for the purposes of broadcasting via own transmitters or relay stations
• inclusion of works of important documentary value in official archives

Usage:

• reproduction to video or audio recording medium

Subject Matter:

• works

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the video or audio recording mediums must be deleted within one month after the work is first broadcasted
• the author must be notified immediately of any inclusion of works of an exceptional documentary value in an archive

Introduced/last updated: 01 January 1970