Germany has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Section 50 of the Act on Copyright and Related Rights (UrhG). The national exception is much more restrictive than the EU exception.
Implementation summary:
For the purposes of reporting on current events by broadcasting or similar technical means in newspapers, periodicals and other printed matter or other data carriers mainly devoted to current events, as well as on film, the reproduction, distribution and communication to the public of works which become perceivable in the course of these events shall be permitted to the extent justified by the purpose of the report.
Implementation details:
Beneficiaries:
- newspapers, periodicals and other printed matter or other data carriers mainly devoted to current events
- broadcasters
Purposes:
- reporting on current events
Usage:
- broadcasting or similar technical means
- reproduction
- distribution
- communication to the public
Subject Matter:
- works (which become perceivable in the course of a current event)
Compensation:
- no compensation required
Attribution:
- the source must in all cases be clearly acknowledged
Other Conditions:
- use must be limited to the extent justified by the purpose of the report
Introduced/last updated: 09 October 2003
Remarks: The German interpretation of the ‘reporting of current events’ exception was extremely restricted via case law - the application was restricted to cases where the beneficiary couldn’t reasonably obtain the author’s prior consent to the use of their work. This judicial interpretation was brought forth by the German Federal Court of Justice (Bundesgerichtshof) in its Spiegel Online referral.
