Copyright and Re-Use

German Copyright-Law

In day-to-day scientific business, but also in our private lives, we are often confronted with the concept of copyright. This term originates from the English-speaking world and, according to its pure name, basically includes the right to copy, i.e. to reproduce. This already makes it clear that copyright in its original form focuses on the commercial exploitation of works. In Germany this term is often used synonymously for the "Law on Copyright and Related Rights" (UrhG). However, the UrhG also focuses in particular on the protection of intellectual property for the authors of works of literature, science and art. Authors are automatically the creator(s) of a work (see §7 and §8 UrhG). The UrhG regulates the publication and exploitation rights to a work.

The form of the UrhG that is still valid today came into force in January 1966 and has since been amended several times to take technical progress into account (e.g. in regards to software and databases). With the first (2003) and second (2008) basket, extensive adjustments were made to harmonize the protection of intellectual property in Europe. Further adjustments followed in 2013, which brought, among other things, the secondary publication right demanded with regard to and by the scientific community.

Another important aspect was addressed in spring 2018, when the "Act on the Adaptation of Copyright Law to the Current Requirements of the Knowledge Society" (in short also: Copyright Knowledge Society Act, UrhWissG)" entered into force. Here, rights and obligations in respect to re-use of protected works within education and science are regulated. In particular, it regulates where a re-use is permitted without the need to obtain the explicit consent of the originators/ authors or a third party rights holders beforehand.

More Information (German only)

Das Urheberrechtsgesetz beim Bundesamt für Justiz: https://www.gesetze-im-internet.de/urhg/ [last retrieved: 02.01.2023].

Förster, Achim (2018): Urheberrechts-FAQ Hochschullehre: https://urheberrecht.fhws.de/faq-urheberrecht/ [last retrieved: 02.01.2023].

Re-Use of figures from other publications

Publications are one of the most essential results of science. Depending on the scientific domain, such a publication tends to be in a periodical medium (scientific journal) or in a book form (monograph, collective work).

In most cases, the exploitation rights are transferred from the author to the respective publisher via a corresponding author contract. This means that illustrations cannot be used in other publications without further ado.

The publishers handle these rights differently. In most cases, the guidelines for subsequent use can be found in the "Permissions" sections on the respective publisher's website or directly in the publication. Some publishers give blanket permission for re-use. Many publishers, on the other hand, require at least one request for subsequent use, especially by third parties. In many cases, subsequent use must be licensed for a fee, e.g. via the Copyright Clearance Center (Rightslink). In addition, the correct citation of the original reference is always expected.

Do you have questions about the author agreement or would you like to re-use an illustration? The AIP library will be happy to help you clarify the questions and rights as well as the correct citation! library@aip.de