Germany has implemented the Use during religious or official celebrations (Art. 5.3(g) InfoSoc) exception in Section 52 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 communication to the public of published works if that communication serves a non-profit-making purpose for the organiser, participants are admitted free of charge and, in the case of a lecture or performance of a work, if none of the performersis paid a special remuneration. More precisely, in its para 2, the provision covers communications to the public of published works in a religious service or at a religious celebration organised by a church or religious community. Payment of equitable remuneration to the author is required. Public stage performances, making available to the public and broadcasting of a work, as well as public screenings of a cinematographic work are expressly excluded from the scope of the exception.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • use in a religious service or at a religious celebration organised by a church or religious community

Usage:

  • communications to the public

Subject Matter:

  • published works

Compensation:

  • payment of equitable remuneration to the author is required

Attribution:

  • no attribution required

Other Conditions:

  • public stage performances, making available to the public and broadcasting of a work, as well as public screenings of a cinematographic work are expressly excluded from the scope of the exception

Introduced/last updated: 09 October 2003

Remarks: Most sources point to Section 46 'Collections for religious use' as the provision implementing art. 5(3)(g) of the InfoSoc Directive. However, Section 46 concerns exclusively the creation of collections intended, by their nature, exclusively for use during religious ceremonies, using 'limited parts of works, of small-scale literary works and of musical works, individual artistic works or individual photographs (...) incorporated in a collection which combines the works of a considerable number of authors.' This exception requires attribution as per Section 63 of the UrhG.