Germany has implemented the Use of works of architecture or sculptures in public spaces (Art. 5.3(h) InfoSoc) exception in Section 59 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, distribution and making available to the public of works permanently located in public roads and ways or public open spaces. In the case of buildings the use allowed only extends to the façade. The reproductions may not be carried out on a building.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • not specified

Usage:

  • reproduction
  • distribution
  • making available to the public

Subject Matter:

  • works permanently located in public roads and ways or public open spaces

Compensation:

  • no compensation required

Attribution:

  • the source must in all cases be clearly acknowledged

Other Conditions:

  • use allowed only extends to the façade of a building
  • reproductions may not be carried out on a building

Introduced/last updated: 01 January 1970