Germany has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Sections 60e and 60f 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 for the purpose of making available, indexing, cataloguing, preservation and restoration, including more than once and with technically required alterations, by publicly accessible libraries (section 60e), as well as archives, institutions in the field of cinematic and audio heritage, publicly accessible museums and educational establishments, which neither directly nor indirectly serve commercial purposes (section 60f), of works from their holdings or exhibitions. Libraries may also enable users, for non-commercial purposes, to reproduce up to 10 per cent of a work per session and to make reproductions of isolated illustrations, articles from the same professional or scientific journal, other small-scale works and out-of-commerce works. Rightholders may not invoke agreements which restrict or prohibit uses permitted in accordance with the exception to the detriment of beneficiaries.

Implementation details:

Beneficiaries:

• publicly accessible libraries (section 60e)
• archives, institutions in the field of cinematic and audio heritage, publicly accessible museums and educational establishments, which neither directly nor indirectly serve commercial purposes (section 60e)
• users enabled by libraries

Purposes:

• non-commercial purposes

Usage:

• reproduction (incl. for the purpose of making available, indexing, cataloguing, preservation and restoration, including more than once and with technically required alterations, distribution etc.)

Subject Matter:

• works

Compensation:

• no compensation required for reproductions for the purpose of indexing, cataloguing, preservation and restoration in accordance with section 60e (1) and section 60f (1)
• equitable remuneration in all other cases of reproduction within the scope of the exception

Attribution:

• the source, including the name of the author, must in all cases be acknowledged unless this is not possible

Other Conditions:

• works used must be from beneficiaries' holdings or exhibitions

Introduced/last updated: 01 September 2017

Remarks: The exception under art.5(2)(c) of the InfoSoc directive was explicitly implemented in 2017. Before that the reproduction by libraries was to an extent covered by the CJEU interpretation of the limitation as applicable even without transposition into national law, being an ‘ancillary right of digitisation’ for the purpose of making available on dedicated terminals by libraries under art. 5(2)(n) - a result of the German referral in Ulmer (Case C-117/13). In addition, copying made by CHIs for private users' benefit could fall under the private use exception as per Section 53, para 1, second sentence of the Act on Copyright and Related Rights (UrhG), per which copies may be made by 'third parties' on behalf of physical persons when the copying is non-remunerated or by ways of reprography.