Germany has implemented the Use of public speeches and public lectures (Art. 5.3(f) InfoSoc) exception in Section 44 of the Act on Copyright and Related Rights. 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, in newspapers, periodicals or other printed matter or other data carriers mainly devoted to current events, of speeches relating to current affairs made at public gatherings or communicated to the public, or delivered during public negotiations before state, local authority or church organs. Reproduction and distribution in the form of a collection predominantly containing speeches by the same author are expressly left out of the scope of the exception.

Implementation details:

Beneficiaries:

• newspapers, periodicals and other printed matter or other data carriers mainly devoted to current events

Purposes:

• informatory purpose

Usage:

• reproduction
• distribution
• communication to the public

Subject Matter:

• public speeches

Compensation:

• no compensation required for the reproduction, distribution and communication to the public of short extracts of several commentaries or articles in the form of an overview
• equitable remuneration required for other uses under the scope of the exception

Attribution:

• the author, as well as the respective newspaper, must be cited as per the provision of Section 63(3)

Other Conditions:

• speeches used must relate to current affairs
• speeches used must be made at public gatherings or delivered during public negotiations before state, local authority or church organs
• use in the form of reproduction and distribution as a collection predominantly containing speeches by the same author is expressly excluded

Introduced/last updated: 09 October 2003