Germany has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Section 45a 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 reproduction of individual copies of a work and its distribution exclusively to persons whose access to the work is, due to a disability, not possible or is made considerably more difficult by the already available means of sensual perception, if such reproduction is necessary to facilitate access and for non-commercial purposes. Equitable remuneration shall be paid to the author for reproduction and distribution. Claims may only be asserted through a collecting society. Use of literary works and graphic recordings of musical works for the benefit of persons with a visual impairment or reading disability are expressly excluded from this regime.
Implementation details:
Beneficiaries:
- any user
Purposes:
- to facilitate access for persons whose access to the work is, due to a disability, not possible or is made considerably more difficult by the already available means of sensual perception
- non-commercial purposes
Usage:
- reproduction (of individual copies)
- distribution
Subject Matter:
- works (except for literary works and graphic recordings of musical works)
Compensation:
- equitable remuneration is required
Attribution:
- no attribution required
Other Conditions:
- claims may only be asserted through a collecting society
- use of literary works and graphic recordings of musical works are expressly excluded from this regime
Introduced/last updated: 01 January 1970
Remarks: Use of literary works and graphic recordings of musical works for the benefit of persons with a visual impairment or reading disability are covered by Sections 45b and 45c, implementing the Marrakesh Directive.
