Which article is used in front of the university

copyright

With the technical possibilities for using third-party works, the importance of copyright law in everyday university life is growing. In the following you will find information on the subject areas:

 

What is copyrighted?

Use of copyrighted works for teaching and research

Design of websites

 

If there are doubts as to whether the publication or use of third-party works conflicts with copyrights, the question should first be submitted to the legal department for clarification.

 

What is copyrighted?

 

Copyright protects intellectual property in works of literature, science and art. The protected works include in particular:

  1. Linguistic works such as written works, speeches and computer programs;
  2. Works of music;
  3. pantomime works including works of dance art;
  4. Works of fine arts, including works of architecture and applied art, and designs of such works;
  5. Photographic works including works that are created similar to photographic works;
  6. Cinematographic works, including works created similarly to cinematographic works;
  7. Representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and plastic representations,

as soon as they reach a sufficient level of spiritual creation. The authors of such works are entitled to moral rights as well as exploitation and usage rights. The former gives the author, for example, the right to have his authorship recognized, in particular to have his name mentioned. The exploitation and usage rights include, for example, the right of reproduction, the right of distribution and the right to public reproduction.

However, copyright is not granted without restrictions. In principle, copyright ends 70 years after the author's death. Furthermore, there are so-called copyright barriers, for example in favor of research and teaching, which allow, under certain conditions, works protected by copyright to be used without the consent of the author.

 

Use of copyrighted works for teaching and research

 

On March 1, 2018, the law to align copyright law with the current requirements of the knowledge society (Copyright Knowledge Society Act - UrhWissG) entered into force. The associated changes to the Copyright Act (UrhG) are initially limited to five years. The amendment to the law is intended to simplify the regulations on the use of copyrighted works for education and science and to expand the powers of permission-free use. (BMJV press release)

 

  1. When is use permitted under the UrhWissG?
  2. What other uses are there?
  3. Who can I contact if I have any questions?

 

1. When is use permitted under the UrhWissG?

 

According to §§ 60a ff UrhG, revised by the UrhWissG, the following may be obtained without having to obtain permission from authors or publishers:

 

to Illustration of teaching and teaching at universities, i.e.

  • if this remains limited to lecturers and participants of the respective event (= access restriction when provided in the semester reserve or intranet), lecturers and examiners from the same educational institution as well as third parties, insofar as this serves to present the lesson
  • to prepare for lessons, in lessons and for follow-up / deepening (max. by the end of the semester) as well as for exam preparation and follow-up
  • if the subject matter is presented or supplemented in a more understandable way

or to scientific research, i.e .:

  • for a specific group of people (= access restriction when making available on the intranet) for their own scientific research
  • for the duration of the (joint) research work
  • for third parties, insofar as this serves to check the quality

for non-commercial purposes:

  • up to 15% of a work
  • out of print works completely
  • complete images (e.g. graphics or photographs)
  • full articles from scientific journals
  • complete works of small size (max. 25 pages of text, 6 pages of music, 5 minutes of film / music)

used, i.e .:

  • duplicated (e.g. copied, scanned, digitized or saved),
  • spread (e.g. handing out paper copies or digital copies) and
  • made publicly available (e.g. setting in the digital semester reserve)

become. It is always that Indicate the source and the name of the author. In order to be used for teaching and teaching, the works must have already been published own scientific research is also the reproduction of maximum 75% of a work allowed.

 

Not allowed are:

  • Streaming
  • the reproduction of more than 6 pages of music
  • the distribution and making available to the public of complete articles from newspapers and non-academic journals. Students are only allowed to make an analog copy of these.

 

Use according to these provisions is possible regardless of license offers from the publishers or existing license agreements. However, the latter does not apply to license agreements that were concluded before March 1st. As before, a fee has to be paid for the use, which is claimed via the collecting societies (e.g. VG Wort, GEMA). The details will have to be regulated in framework agreements between the Conference of Education Ministers and the collecting societies. The UrhWissG made it clear that a lump-sum payment or a usage-based payment based on random samples is sufficient. No individual recording of the uses is required.

 

2. What other uses are there?

 

In addition to Sections 60a ff. UrhG, there are a large number of other permissions:

 

The use of

I. Works for the use of which there is a license or permission, that is

  1. Writings, for one Campus license or National license present:
  • Research the desired author / title / journal title in the Heidi University Library catalog, access via the University Library homepage http://www.ub.uni-heidelberg.de/ or directly on http: //heidi.ub.uni-heidelberg. de /. You can recognize the online resources licensed for members of Heidelberg University in the hit list by the message "Go online".
  • Click on the desired title from the hit list and copy the so-called "permanent link (bookmarkable)" at the foot of the title display into your course offer.
  • Please use this specific link for members of the University of Heidelberg, as this is the only way to ensure that your students can reliably access the document from home and even if the publisher changes the URL.
  • Do not include full texts from the university's licensed online offerings directly in your course offerings, as this is excluded by some publishers under license law.

unfold

  1. own content, i.e. materials that you have created yourself (e.g. scripts, exercises, presentations). Unless the exclusive rights of use have been transferred to a third party (publisher).
  2. Written works for the use of which individual permission has been obtained from the copyright holder (author, publisher).

II. "Free" works that are

  1. Works whose author has been dead for more than 70 years.
  2. so-called. "Public Domain" workssuch as legal texts or official collections.
  3. Content that the rights holder has under a free license makes available (open access publications, open educational resources, texts under Creative Commons license), as long as the license terms are complied with.

III. Works that are made available in another form, e.g.

  1. by Link: Literature lists in the form of links or links to licensed content (see "Campus license") as well as content freely available on the Internet can still be made available, also by email.
  2. as Quotation according to § 51 UrhG: A use as a quote requires that a text excerpt is made, stating the source and the author in connection with a scientific examination of this text excerpt. The use of a photograph or other illustration of the quoted work is permitted, even if a discussion only takes place with the depicted work and not with the image itself.

 

3. Who can I contact if I have any questions?

 

If you have any questions about digital teaching and to the teaching and learning platform Moodle please contact

[email protected]

 

If you have any questions about Licenses and research support the subject librarians of the University Library:

http://www.ub.uni-heidelberg.de/allg/Mitarbeiter/fachreferate.html

 

At legal issues The Legal Affairs Department advises you:

[email protected], Tel. 06221-54 12 113

 

Design of websites

 

The University of Heidelberg has recently been exposed to high claims for damages, which the authors or law firms commissioned by them assert due to copyright and other property rights violations. This applies in particular to the unauthorized publication of photos and map excerpts that require a license on the university's website. The legal options to take action against such financial claims are very limited and the claims can therefore usually be met.

Uploading a work that is protected by copyright, such as a photograph or a map section, on a website represents making the work available to the public, which is generally only permitted with the consent of the author. From the fact that the work used may already have been published on the Internet and possibly. could easily be copied, the authorization of the author for further use cannot be inferred.

If a copyrighted work is made publicly accessible on a website without the consent of the author, this is usually a violation of copyright. In this case, the author has the right to remedy the impairment, omission and compensation. The claims for damages always amount to several hundred euros. These funds must be raised from the averse of the institution from which the infringing act originated. In addition, declarations of discontinuance are required for the future, which provide for significantly higher penalties in the event of repetition.

 

You can find freely usable location maps of the university facilities via the following link:

http://www.uni-heidelberg.de/universitaet/besucher/karten/

Copyright-free photos of motifs from different areas of the university can be accessed via the following link:

http://www.uni-heidelberg.de/presse/bildarchiv.html

or request it from the Internet editorial department of the Communication and Marketing department.

 

If photos of people are to be used on the Internet, the consent of the person depicted must also be obtained. With regard to the publication of employee photos on the Internet, we also ask you to observe the current information from the Central Data Protection Office of the Baden-Württemberg universities on this topic:

https://www.zendas.de/themen/internetrecht/mitarbeiterphotos/index.html

To reduce the risk of people and especially portrait photos being improperly copied and used, these should only be set in a low resolution (about 640 x 480 pixels).