Lehre 4.0 | Legal Aspects of E-Learning

Scientific Research (§60c UrhG)

The extract from the Copyright Act on "Scientific Research" (translated by Lehre 4.0 team, JLU) states:

(1) For the purpose of non-commercial scientific research, up to 15 percent of a work may be reproduced, distributed and made publicly available
  1. for a specific group of people for their own scientific research and
  2. for individual third parties, as far as this serves to verify the quality of scientific research.
(2) Up to 75 percent of a work may be replicated for own scientific research.
(3) In deviation from paragraphs 1 and 2, illustrations, individual contributions from the same journal or scientific journal, other small-scale works and out-of-print works may be used in full.
(4) Paragraphs 1 to 3 do not permit the recording of a work on video or audio recording during public lectures, performances or demonstrations and its future public dissemination.

The research privilege applies only to acts of use carried out for non-commercial purposes. According to § 60c UrhG it is not only permitted to copy and distribute protected material, but in particular to make it publicly accessible, i.e. to offer it for download on the internet or intranet. However, this may only be done "for a defined circle of persons for their own scientific research" or "for individual third parties, as far as this serves to verify the quality of scientific research". According to the new § 60c UrhG even unpublished works may be used.

It is expressly excluded from the scope of the barrier to record public lectures, performances or demonstrations and to make such recordings later accessible on the Internet. The use made shall be remunerated (§ 60h paragraph 1 UrhG). These claims can only be asserted by collecting societies (cf. Kreutzer/Hirche 2017: 59-61).



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