The Citation Law (§51 UrhG) Education and Teaching (§60a UrhG)
Excerpt (translated by Lehre 4.0 team, JLU) from the UrhG:
(1) For non-commercial purposes, up to 15 per cent of a published work may be reproduced, disseminated, made publicly accessible and otherwise publicly reproduced in order to illustrate teaching at educational institutions.
(3) The following uses are not permitted under subsections (1) and (2):
- For teachers and participants of the respective event,
- For teachers and examiners at the same educational institution, and
- For third parties, as far as this serves the presentation of teaching, teaching or learning outcomes at the educational institution.
(3) The following uses are not permitted under subsections (1) and (2):
- Duplication by recording a work on a visual or audio medium and by its reproduction to the public while it is publicly performed,
- Duplication, distribution, and communication of a work that is dedicated, intended, and marked for teaching in schools only, to schools, and
- Duplication of graphic recordings of musical works, insofar as this is not required for making them available to the public in accordance with paragraphs 1 or 2.
§60a UrhG allows educational institutions to use protected material to a certain extent to illustrate instruction and teaching. The regulation privileges among others schools and universities. Only non-commercial use is permitted. The freedom of use does not apply to paid teaching or further training courses.
The permission to make a work publicly accessible is particularly relevant for e-learning. What this means is that copyrighted material is made available for individual access via the Internet (or intranet). It may also be used for presentations (cf. Kreutzer/Hirche 2017, 53-59).
Which materials may be made available electronically in university teaching? How are 15% of a work calculated? What are small-scale language works and how do I deal with articles from specialist or scientific journals? The TU-Darmstadt has the answers to these questions and makes them visible at a glance.
Source: https://www.e-learning.tu-darmstadt.de/media/elc/__relaunch/dienstlesitungen/rechtsfragen/Info_Schaubild_Material_inLehre_AnpassungMrz2018_v5.png (image edited by Lehre 4.0 team, JLU)