Legal freedoms of use: the limits of copyright The Citation Law (§51 UrhG)
Here you will find the corresponding glossary entry.
Please also note the current announcements in Stud.IP regarding the right to quote. The "Regulations for the Posting of Texts etc. in Learning Platforms (Electronic Semester Apparatuses) at Universities from 1st March 2018" (available only in German) states, for example, that staff and university lecturers may make small-scale works (individual articles from specialist journals, illustrations, other articles with a volume of less than 25 pages, out-of-print works) accessible via e-learning in order to illustrate teaching.
Electronic resources for which the Justus Liebig University of Giessen has a licence should, if possible, always be linked and not placed separately in the semester apparatus. However, it is important to keep an eye on the delimitation of the circle of users (password protection required for courses). The duration is usually limited to one semester. In exceptional cases, the deadline of the final examination date is valid, even if it lies in the next semester.
Excerpt (translated by Lehre 4.0 team, JLU) from the UrhG:
(1) The reproduction, distribution and communication to the public of a published work for the purpose of quoting is permitted, insofar as the use is justified in its scope by the special purpose.
(2) This is permitted in particular if
(2) This is permitted in particular if
- individual works are included in an independent scientific work after publication to explain the content,
- parts of the work are listed in a stand-alone language work after publication,
- individual passages of a published work of music are cited in an independent work of music.
If the purpose of the quotation justifies it, entire works by third parties may also be quoted in each type of work. It is irrelevant whether the cited work itself is protected by copyright, as long as the quotation has been integrated as a "third-party component" into its own design. On the one hand, this implies that it must not be concealed that the cited contents originate from other authors. The citation must be marked accordingly. On the other hand, there must be a contextual connection between the citing and the cited work that justifies the quotation (cf. Kreutzer/Hirche 2017, 48-53).
Notice:
The scope of citations must always be in reasonable proportion to the scope of the own work. As a basic rule, one should always keep in mind that one's own work should always be in focus. Quotations may only be used in a supportive manner. If the own work consists exclusively or predominantly of quotations, the frame covered by the quotation right is exceeded. For the use of the third-party works, copyrights must then be acquired.
The scope of citations must always be in reasonable proportion to the scope of the own work. As a basic rule, one should always keep in mind that one's own work should always be in focus. Quotations may only be used in a supportive manner. If the own work consists exclusively or predominantly of quotations, the frame covered by the quotation right is exceeded. For the use of the third-party works, copyrights must then be acquired.