Germany has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Section 51 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, distribution and communication to the public of published works for the purpose of quotation so far as such use is justified by the extent of the particular purpose. Use is permissible in particular where i) subsequent to publication individual works are included in an independent scientific work, an illustration or other reproduction of the cited work, for the purpose of explaining the contents, ii) subsequent to publication passages from a work, an illustration or other reproduction of the cited work, are quoted in an independent work of language and iii) individual passages from a released musical work are quoted in an independent musical work.

Implementation details:

Beneficiaries:

• any user

Purposes:

• quotation

Usage:

• reproduction
• distribution
• communication to the public

Subject Matter:

• published works
• reproductions of works (?)

Compensation:

• no compensation required

Attribution:

• the source must in all cases be clearly acknowledged

Other Conditions:

• works used must be published
• use must be restricted to the extent of the particular purpose

Introduced/last updated: 01 January 2008