Germany has implemented the Press review (Art. 5.3(c) 1st part InfoSoc) exception in Section 49 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 reproduction and distribution of individual broadcast commentaries and individual articles, as well as illustrations published in connection therewith, from newspapers and other information sheets devoted solely to current affairs in other newspapers or information sheets of this kind. It also covers communication of such commentaries, articles and illustrations to the public if they concern current political, economic or religious issues and do not contain a statement reserving rights. The author must be paid equitable remuneration for the reproduction, distribution and communication to the public, unless the it is restricted to short extracts of several commentaries or articles in the form of an overview. Claims may be asserted only through a collecting agency. Reproduction, distribution and communication to the public of miscellaneous news items of a factual nature and news of the day which has been published via the press or broadcasting is not limited.

Implementation details:

Beneficiaries:

  • newspapers and other information sheets devoted solely to current affairs (for unrestricted reproduction)
  • any user (for reproduction, distribution and communication to the public of miscellaneous news items of a factual nature and news of the day which has been published via the press or broadcasting)

Purposes:

  • informatory purpose

Usage:

  • reproduction
  • distribution
  • communication to the public

Subject Matter:

  • individual broadcast commentaries and individual articles in newspapers and other information sheets devoted solely to current affairs

Compensation:

  • no compensation required for the reproduction, distribution and communication to the public of short extracts of several commentaries or articles in the form of an overview
  • equitable remuneration required for other uses under the scope of the exception

Attribution:

  • the author, as well as the respective newspaper, must be cited as per the provision of Section 63(3)

Other Conditions:

Introduced/last updated: 01 January 2008