The following information constitutes neither legal advice nor legally binding information. It simply offers some tips on navigating the legal framework. We strive to keep this information up to date.
Within the scope of the German Copyright Law (UrhG § 52a „Öffentliche Zugänglichmachung für Unterricht und Forschung“) parts of a copyrighted work may be digitized and made available under certain conditions, e.g. in digital course reserves.
The following conditions apply until 28 February 2018:
What may be made available?
- "small parts of a work": max. 12%, a total of 100 pages may not be exceeded
- "individual articles from newspapers or journals": e.g. articles from academic journals
- "works of small scale": e.g. poems, short stories, also: pictures
- These regulations may not be circumvented by successive deployment.
- Only parts of works from the holdings of the TUM University Library may be used for digital course reserves.
- Copyright-free works (70 years after the death of the author ) may be completely digitized and made available, provided no other rights of third parties apply.
- Without prior agreement with the publisher, schoolbooks may not be digitized and made available.
- If the publisher offers appropriate licensing, books may not be digitized.
- If in doubt, permission should be sought from rights holders to make materials available in the digital course reserve.
When making materials available, what conditions always apply?
- Documents may only be made available to a closed group of users, namely the course participants. Moodle courses may therefore only be made accessible for the actual course participants.
- There is no permanent storage of digitized documents; they are only available for the period of the course. Please delete the digitized documents at the end of the course.
Please refer to Copyright Act § 52a and the "Charter for the Common Understanding of § 52a of the German Copyright Act".
New copyright law for science and education adopted
The new German copyright law for science and education (UrhWissG) will enter into force on 1 March 2018. In the future, the provision of parts of copyright-protected works in (electronic) course reserves for teaching purposes and for the purpose of one's own research will be standardized in § 60a and § 60c UrhWissG. The use of copyright-protected material will be compensated by flat-rate payments from the universities to the collecting societies; the amount of the flat-rate allowance will still be the subject of negotiations with VG WORT.
We will inform you shortly about the changes compared to the existing law up to 28 February 2018.