Germany has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Sections 60e and 60f 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 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), to reproduce for the purpose of i.a. making available, as well as make available for personal research or private studies at terminals on their premises of works from their holdings or exhibitions. Libraries may also, in response to individual orders, transmit reproductions of up to 10 per cent of a published work to users, as well as reproductions of isolated articles which have appeared in professional or scientific journals, as long as it is for non-commercial purposes. Agreements which deal exclusively with the making available of content on terminals or with the transmission of reproductions in response to individual orders have priority over the use under the exception.

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)

Purposes:

  • non-commercial purposes

Usage:

  • make available for personal research or private studies on terminals on their premises
  • transmission of reproductions to users

Subject Matter:

  • works

Compensation:

  • equitable remuneration required

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
  • the exception can be overriden by agreements dealing exclusively with the making available of content at terminals or with the transmission of reproductions in response to individual orders

Introduced/last updated: 01 September 2017