Germany has implemented the Use for public security purposes (Art. 5.3(e) InfoSoc) exception in Section 45 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 (of individual copies), distribution, exhibition in public and communication to the public of works for the use in proceedings before a court, an arbitration tribunal or authority. Courts and authorities may, for the purposes of the administration of justice and public security, make copies of portraits or to have these reproduced.

Implementation details:

Beneficiaries:

  • any user
  • courts and authorities as well as third parties on their behalf

Purposes:

  • for the use in proceedings before a court, an arbitration tribunal or authority

Usage:

  • reproduction (of individual copies)
  • distribution
  • exhibition in public
  • communication to the public

Subject Matter:

  • works
  • portraits

Compensation:

  • no compensation required

Attribution:

  • source must in all cases be clearly acknowledged

Introduced/last updated: 01 January 1970