Germany has implemented the Use for advertising the exhibition or sale of works of art (Art. 5.3(j) InfoSoc) exception in Section 58 of the Act on Copyright and Related Rights (UrhG). The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for the reproduction, distribution and making available to the public of artistic, photographic and cinematographic works which are exhibited in public or intended for public exhibitions or public sales, by the organiser of said events for advertising purposes and to the extent necessary for the promotion of the event.

Implementation details:

Beneficiaries:

• organiser of public exhibitions or public sales

Purposes:

• for advertising purposes

Usage:

• reproduction
• distribution
• making available to the public

Subject Matter:

• artistic works (including works of architecture and of applied art and drafts of such works)
• photographic works (including works produced by processes similar to photography)
• cinematographic works (including works produced by processes similar to cinematography)

Compensation:

• no compensation required

Attribution:

• the source must in all cases be clearly acknowledged

Other Conditions:

• use must be restricted to the extent necessary for the promotion of the event

Introduced/last updated: 01 January 1970