Administration by VG WORT of access to Copyright Works in Education Paul Greenwood, International Affairs 1 1

Meaning of „education“ Narrow sense: institution related Broad sense: continues from the cradle to the grave 2 2

German Copyright Act contains exceptions relating to both senses of „education“ Bundesverfassungsgericht (German Constitutional Court): „Exploitation rights are property“ (Art. 14 GG (German Constitution) Expropriation only for the public good Compensation must be paid, balancing the public interest and the interests of the rightsholders - Historically, exceptions related to reproduction right only. Recent exception for intranet use covers making available also, but problems with implementation. 3 3

Administration of remuneration rights under exceptions Framework contracts with bodies representing those liable to pay Payment by the representative body, for example federal and state governments for schools Contracts set out permitted uses provision of data and/or surveys 4 4

Exceptions in the German Copyright Act relating to education „Narrow Sense“: Reprography in Schools (§ 53 (3) 1) Reproduction only Small parts of work, small works or single articles only Schools only Illustration in teaching only Quantity restricted to course size Not from school text books Equitable remuneration to be paid via a collecting society ( § 54 equipment levy and operator levy) 5 5

Exceptions: narrow sense of education continued § 53 (3) 2 Reprography for examinations Again, small parts etc Again reproduction only For examinations in any non-commercial educational institution Again subject to payment of equitable remuneration via levy system 6 6

Exceptions: narrow sense of education, continued § 52a: Making available for teaching and research Small parts etc only, school text books excluded Covers intranet use in all non-commercial educational institutions Limited to those receiving instruction (logins etc.) Must be justified by non-commercial purpose Equitable remuneration paid via collecting society Difficulties in administration 7 7

Exceptions, narrow sense of education, continued § 46: Publication of collections for religious, school or instructional use Limited parts of text works or individual graphic works opportunity for author to object on ground of changed conviction Equitable remuneration must be paid framework contract with VdS Bildungsmedien administration by VG WORT (online rights clearance procedure „MADONNA“) 8 8

Exceptions: broad sense of education § 53: Reproduction for private and other own use (1) Private use Single copies (up to 7) Only natural persons Must not serve for-profit purpose, directly or indirectly Not from obviously illegal copy Copies may be made by third party Most private copying educational in broad sense 9 9

Exceptions: broad sense of education § 52 (2) Reproduction for other own uses Again, single copies Except for personal scientific use, or own archiving of paper copies, confined to small parts of work, small works or articles, unless work out of print for two years 10 10

Exceptions: broad sense of education § 53a: document delivery Newspaper or journal articles or small parts of books (in practice largely confined to journal articles) By public libraries (including university libraries) Delivery by post or fax - provided the customer entitled to copy under § 53 exceptions Electronic delivery only by .pdf for illustration in teaching or scientific research Equitable remuneration payable via VG WORT 11 11

Exceptions: broad sense of education § 52b: viewing on library terminals Public libraries, museums and archives Only on-screen viewing - not printing out or downloading Only to extent work represented in paper collection Equitable remuneration payable via a collecting society Regulated by general agreement November 2011 with Federal and Länder governments 12 12

Two exceptions in more detail: § 53 (3) 1 Reproduction for illustration of teaching in schools § 52b (1) Making available for illustration of teaching in educational institutions 13 13

§ 53 (3) 1 Illustration in teaching exception Only schools, not universities Not confined to classroom but material must be „an essential part of the teaching process“ (not very clear) Relationship with other § 53 exceptions (private use, other own use etc) not clear Number of copies now related to course rather than class Course packs only covered if for a specific class 14 14

§ 53 (3) continued Administration of remuneration equipment levy collected from manufacturers and importers (copiers in schools) operator levy also applicable to schools administered by the „Zentralstelle Fotokopieren an Schulen (ZFS)“ formed by VG WORT, VG Bild-Kunst and VG Musikedition 15 15

Zentralstelle Fotokopieren in Schulen: ZFS Located at VG WORT Contracts with federal and state governments State governments pay fee for copying by schools Lump sum fee negotiated for whole of Germany Contracts regulate permitted copying under the legal licence periodic surveys in 3% of schools, selected by Länder Surveys determine copying of protected works per pupil per year 16 16

Reprography in Schools Copy licence from school book publishers Publisher‘s rights Author‘s rights VdS (school text books) VG WORT (texts) VG Musik- (sheet music) Edition VG Bild-Kunst Contract with German Länder 17

§ 52a: intranet use in schools and universities Introduced in 2003: still not fully implemented Originally limited to period to end of 2008, subsequently extended to 2012 Unlike § 53 (3) covers audio and audio visual works as well as text and image work: many collecting societies involved Separate implementation for schools, and for universities 18 18

§ 52a: schools Lump sum of EUR 1.9 million agreed for 2003 to mid-2009, and EUR 1.76 million for mid-2009 to mid 2013 Small part of a work defined as maximum 12%, and small work as having maximum 25 pages Intranet must be accessible by course participants only As with § 53 (3) material: must be directly related to course 19 19

§ 52a: universities Text and image material: Other material: Tariff published by VG WORT in 2005 not accepted by Länder (€ 0,125 per page / per student) Some of Länder rejected solution proposed by arbitration board of Patent Office in 2008 Ongoing litigation (now at the BGH (Federal Civil Court) Other material: 2007 agreement between collecting scoieties except VG WORT and Länder 20 20

VG WORT collections for education 2011 - Broad sense of education Most of total collections of EUR 71.38 million related to education in broad sense: impossible to be precise - Narrow sense of education EUR Operator levy: schools 1.42 million Rest of education related operator levy 2.79 million Intranet use/ schools 0.17 million Collections for school etc use 1.59 million 5.91 million + Part of equipment levy ? + 21 21

Pictures used in this presentation: Creative Commons via www.flickr.com Thanks to Slide 2: „school“ ttelyob; „language course“ sir garlichad Slide 3: „Grundgesetz“ Bundeszentrale für pol. Bildung Slide 6: „exam paper“ rosipaw Slide 8: „madonna“ lovestruck Slide 9: „7“ Michael Scott Slide 10: „archive“ Powerhouse Museum Slide 11: „document delivery“ DHL Slide 14: „teacher“ Ben110