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Copyright law in education

General information

Copyright protects works of literature, science and art.

For the purposes of teaching, science and research, the Copyright Act (Urheberrechtsgesetz) (UrhG) provides for a number of exceptions in the form of limitations. Under certain conditions, these regulations authorise the use of third-party works and parts of works for teaching purposes without the consent of the copyright holder. They also ensure that no remuneration is payable to the author for the use of copyright-protected works in the context of teaching.

The Copyright Knowledge Society Act (Urheberrechts-Wisssensgesellschafts-Gesetz UrhWissG) became law on 1 March 2018. The previous regulations in favour of science and teaching were replaced by new Sections 60a to 60h, clarified and in some cases expanded. The most important changes in connection with the UrhWissG for universities are

  • Up to 15% of a work may be used for teaching purposes or made available digitally - illustrations, articles from specialist journals and small works may be used in full.
  • Press products such as newspapers and popular magazines are excluded from the extended usage authorisations - entire articles may no longer be used or sent.
  • Text and data mining, the automated analysis of texts for scientific purposes, is permitted.
  • In the case of interlibrary loan requests, up to 10% of a published work and articles may be sent to the user electronically - provided that the material is not used for commercial purposes.

Rights holders will receive remuneration for this use of third-party works in the form of standard payments made by the federal states to the collecting societies. The new law is initially limited to five years and will be evaluated after four years.

Recommended actions

Providing scientific literature

Continue to use the opportunity to provide your students with all texts required for teaching and make these texts available on the relevant platforms on the basis of Section 60a UrhG. Please note that access must be restricted to the group of participants.

You are allowed to provide:

  • up to 15% of a work
  • individual articles and essays from specialised journals.
  • works of small size (max. 25 pages in total) as well as complete illustrations and graphics.
  • (complete) articles from newspapers and newsstand magazines may no longer be provided - a maximum of 15% is permitted here.

Use hyperlinks / references

Link to e-books and e-journals of the library. Linking to licenced texts is permitted under copyright law.

Use open access

Use open access publications and open educational resources. Texts that are available under a Creative Commons licence or a comparable licence for free content may also be used online in teaching. Please also observe the applicable licence conditions here.

S(kim) is happy to advise you

Coordinate your literature requirements with the university library. We will be happy to make suggestions as to how you can utilise the above-mentioned alternatives.

Further information

Audiovisual materials in research and teaching - an overview of copyright aspects - updated legal opionion from 2023 (Audiovisuelle Materialien in Forschung und Lehre – eine Übersicht zu urheberrechtlichen Aspekten (aktualisiertes Rechtsgutachten von 2023)

Which materials are allowed to be made available electronically in unitersity teaching? (Welche Materialien dürfen in der Hochschullehre elektronisch zur Verfügung gestellt werden?)

Learning platforms - electronic reading lists at universities from 01.03.2018 (Lernplattformen - elektronische Semesterapparate) an Hochschulen ab 01.03.2018)

Digital teaching & copyright:  § 60a UrhG, quotation, OER & Co. - What am I allowed to use in my teaching? (Digitale Lehre & Urheberrecht: § 60a UrhG, Zitate, OER & Co. - Was darf ich im Rahmen meiner Lehre nutzen?)

Consulting and training

Consulting

We at S(kim) will be happy to advise you on the new copyright regulations. Even under the changed framework conditions, there are numerous possibilities for making texts available electronically. Please feel free to contact us to discuss your individual questions.

Contact and support

Our training courses

You can find our training courses here.

The IP driving license (IP-Führerschein) offers a free e-learning course on the protection of intellectual property with modules on copyright (Urheberrecht) and patent law (Patentrecht).

FAQs

What do the new regulations of the UrhWisshG mean for you as a teacher?

The provision of digital documents according to § 60a UrhG is still permitted. You can provide texts to the extent permitted and your students can access them.

Does this also apply for illustrations?

Illustrations are treated as "minor works". The complete use of illustrations and graphics is permitted. The use of illustrations within a separate work is also possible as a quotation in accordance with § 51 UrhG.

May I continue to quote passages of text?

Of course, you may still quote individual passages of text or illustrations on the basis of Section 51 UrhG in accordance with the rules of good scientific practice, stating the source. The quotation must serve to explain your own explanations. It may only be cited to the extent necessary.