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

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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. § 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

15. § 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

16. 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

17. 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

18. § 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

19. § 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

20. § 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

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

22. Pictures used in this presentation:
Creative Commons via
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