§ 60e Copyright Act (UrhG) gives licence for various services offered by libraries. For instance, it stipulates the conditions under which libraries can make copies of works in their holdings. It also stipulates the conditions under which libraries can make digital works available on terminals and how much of these texts may be printed out. Interlibrary loans are also governed by this stipulation. Further, § 60d UrhG includes provisions on text and data mining, which have relevance for libraries.
For library users, Section 60c UrHG and Section 53 UrHG respectively regulate the framework within which reproductions from the University Library's holdings are permitted.
The following information is not legally binding, but merely provides an indication of the legal framework and practice at the University of Passau.
Document dispatch, which was hitherto governed by § 53a UrhG, is now governed by § 60e sec. 5 UrhG. A number of changes have been made: One very welcome change is that we are no longer limited to dispatching documents by post or fax; instead we will be able to send out electronic copies, even if there is a suitable parallel offering by a publisher. All source texts can be digitised in accordance with sec. 1 and then dispatched electronically according to sec. 5, including texts from licensed electronic resources.
However, the amount that may be taken from a given work will be reduced: In the future, we can deliver a maximum of 10% (hitherto 15%) of works, or full articles from trade publications and academic journals. Furthermore, documents may only be dispatched for non-commercial purposes. Documents from newspapers or consumer magazines will no longer be eligible for document dispatch.
If users make copies or scans of works from the University Library's collection themselves, up to 75% may be duplicated for their own scientific research in accordance with § 60c of the German Copyright Law (Please note: the distribution, i.e. the passing on of corresponding copies, is only permitted up to 15% within the framework of the same paragraph). Complete copies, on the other hand, are permitted of illustrations, of articles from specialist and scientific journals and of works that are no longer available in stores.
The creation of copies for ‘private and other personal use’ is regulated by § 53 UrhG. According to this, only ‘small parts’ (approx. 10%) of books may be copied, but newspaper articles and magazine essays may be copied in full.
The University Library will scan and send literature from its collection free of charge upon request. In accordance with Section 60e of the German Copyright Act, the scanning service is limited to journal articles and small parts of printed books (max. 10%).
The following may be provided by means of conventional or electronic reserve collections:
Teaching staff are not allowed to make copies for all participants in a course. The distribution of ‘class sets’ of analogue copies is not allowed at higher education institutions. However, it is possible to make copies in the required number for examinations in accordance with Section 53 (3) sentence 1 no. 2 UrhG.
In order to ensure compliance with §52a, you should link to e-book chapters and e-journal articles rather than upload them outright. This can be done from the virtual learning environments (e.g. Stud.IP) or electronic reserve collections, and you can even design the link in such a way that University members can access the links from outside the university computer network by using their ZIM credentials. More about linking e-resources
It is not permitted to upload works or parts of works to electronic course reserves if the rights holder (publisher) offers them in digital form for use on the network of the respective institution (University of Passau) at reasonable conditions.
Information (in German) on the copyright reform from the German Library Association (dbv).
‘Scientists have the right to automatically read, store and evaluate databases, journals and other copyrighted works in an automated manner (Section 60d UrHG). This is relevant for libraries in two ways: on the one hand, they provide access to this data, typically through a licence. On the other hand, libraries, along with other cultural heritage institutions and research organisations, are entitled to store the data read out as long as it is necessary for the purposes of scientific research or for the review of scientific findings. Pursuant to Section 60h (2) no. 3 UrHG, no remuneration is due for this.’ [As of: 10 August 2023]
See also the University Library's text and data mining information page.
