Administration by VG WORT of access to Copyright

Administration by VG WORT of access to Copyright Works in Education Paul Greenwood, International Affairs 1

Meaning of „education“ § Narrow sense: institution related § Broad sense: continues from the cradle to the grave 2

German Copyright Act contains exceptions relating to both senses of „education“ Bundesverfassungsgericht (German Constitutional Court): „Exploitation rights are property“ (Art. 14 GG (German Constitution) - Expropriation only for the public good - Compensation must be paid, balancing the public interest and the interests of the rightsholders - Historically, exceptions related to reproduction right only. Recent exception for intranet use covers making available also, but problems with implementation. 3

Administration of remuneration rights under exceptions § Framework contracts with bodies representing those liable to pay § Payment by the representative body, for example federal and state governments for schools § Contracts set out § permitted uses § provision of data and/or surveys 4

Exceptions in the German Copyright Act relating to education „Narrow Sense“: Reprography in Schools (§ 53 (3) 1) § Reproduction only § Small parts of work, small works or single articles only § Schools only § Illustration in teaching only § Quantity restricted to course size § Not from school text books § Equitable remuneration to be paid via a collecting society ( § 54 equipment levy and operator levy) 5

Exceptions: narrow sense of education continued § 53 (3) 2 Reprography for examinations § Again, small parts etc § Again reproduction only § For examinations in any non-commercial educational institution § Again subject to payment of equitable remuneration via levy system 6

Exceptions: narrow sense of education, continued § 52 a: Making available for teaching and research § Small parts etc only, school text books excluded § Covers intranet use in all non-commercial educational institutions § Limited to those receiving instruction (logins etc. ) § Must be justified by non-commercial purpose § Equitable remuneration paid via collecting society § Difficulties in administration 7

Exceptions, narrow sense of education, continued § 46: Publication of collections for religious, school or instructional use § Limited parts of text works or individual graphic works § opportunity for author to object on ground of changed conviction § Equitable remuneration must be paid framework contract with Vd. S Bildungsmedien § administration by VG WORT (online rights clearance procedure „MADONNA“) 8

Exceptions: broad sense of education § 53: Reproduction for private and other own use (1) Private use § Single copies (up to 7) § Only natural persons § Must not serve for-profit purpose, directly or indirectly § Not from obviously illegal copy § Copies may be made by third party § Most private copying educational in broad sense 9

Exceptions: broad sense of education § 52 (2) Reproduction for other own uses § Again, single copies § Except for personal scientific use, or own archiving of paper copies, § confined to small parts of work, small works or articles, unless work out of print for two years 10

Exceptions: broad sense of education § 53 a: document delivery § Newspaper or journal articles or small parts of books (in practice largely confined to journal articles) § By public libraries (including university libraries) § Delivery by post or fax - provided the customer entitled to copy under § 53 exceptions § Electronic delivery only by. pdf for illustration in teaching or scientific research § Equitable remuneration payable via VG WORT 11

Exceptions: broad sense of education § 52 b: viewing on library terminals §Public libraries, museums and archives §Only on-screen viewing - not printing out or downloading §Only to extent work represented in paper collection §Equitable remuneration payable via a collecting society §Regulated by general agreement November 2011 with Federal and Länder governments 12

Two exceptions in more detail: § § 53 (3) 1 Reproduction for illustration of teaching in schools § § 52 b (1) Making available for illustration of teaching in educational institutions 13

§ 53 (3) 1 Illustration in teaching exception Only schools, not universities § Not confined to classroom but material must be „an essential part of the teaching process“ (not very clear) § Relationship with other § 53 exceptions (private use, other own use etc) not clear § Number of copies now related to course rather than class § Course packs only covered if for a specific class 14

§ 53 (3) continued Administration of remuneration § equipment levy collected from manufacturers and importers (copiers in schools) § operator levy also applicable to schools administered by the „Zentralstelle Fotokopieren an Schulen (ZFS)“ formed by VG WORT, VG Bild-Kunst and VG Musikedition 15

Zentralstelle Fotokopieren in Schulen: ZFS § Located at VG WORT § Contracts with federal and state governments § State governments pay fee for copying by schools § Lump sum fee negotiated for whole of Germany § Contracts regulate permitted copying under the legal licence § periodic surveys in 3% of schools, selected by Länder § Surveys determine copying of protected works per pupil per year 16

Reprography in Schools Publisher‘s rights Author‘s rights Copy licence from school book publishers Vd. S RT O W ts) VG (tex VG Bil d-K (school text books) V Mu G (sh Edi sikee tion tm us ic) uns t Contract with German Länder

§ 52 a: intranet use in schools and universities Introduced in 2003: still not fully implemented § Originally limited to period to end of 2008, subsequently extended to 2012 § Unlike § 53 (3) covers audio and audio visual works as well as text and image work: many collecting societies involved § Separate implementation for schools, and for universities 18

§ 52 a: schools Lump sum of § EUR 1. 9 million agreed for 2003 to mid-2009, and § EUR 1. 76 million for mid-2009 to mid 2013 § Small part of a work defined as maximum 12%, and small work as having maximum 25 pages § Intranet must be accessible by course participants only § As with § 53 (3) material: must be directly related to course 19

§ 52 a: universities Text and image material: § Tariff published by VG WORT in 2005 not accepted by Länder (€ 0, 125 per page / per student) § Some of Länder rejected solution proposed by arbitration board of Patent Office in 2008 § Ongoing litigation (now at the BGH (Federal Civil Court) Other material: § 2007 agreement between collecting scoieties except VG WORT and Länder 20

VG WORT collections for education 2011 - Broad sense of education Most of total collections of EUR 71. 38 million related to education in broad sense: impossible to be precise - Narrow sense of education Operator levy: schools EUR 1. 42 million Rest of education related operator levy 2. 79 million Intranet use/ schools + 0. 17 million Collections for school etc use 1. 59 million 5. 91 million + Part of equipment levy ? 21

Pictures used in this presentation: Creative Commons via www. flickr. com Thanks to - Slide 2: „school“ ttelyob; „language course“ sir garlichad Slide 3: „Grundgesetz“ Bundeszentrale für pol. Bildung Slide 6: „exam paper“ rosipaw Slide 8: „madonna“ lovestruck Slide 9: „ 7“ Michael Scott Slide 10: „archive“ Powerhouse Museum Slide 11: „document delivery“ DHL Slide 14: „teacher“ Ben 110