Professor Mustermann would like to illustrate the relevance of the topic of waves by showing his students where we find waves everywhere in nature. To do this, he looks for corresponding pictures from the Internet to include in his presentation slides.
Professor Mustermann can include the images in his presentation slides by invoking Section 60a UrhG. He can also use images that have a free Creative Commons licence. Since Mr. Mustermann is looking for images on a very common topic, it is highly likely that he will find them on common internet portals.
Use for Illustrating Teaching or Learning (Section 60a UrhWissG)
Until now, copyright law had an astonishing loophole: there was no explicit permission to present other people's material in lectures. At most, this was possible within the framework of the right to quote.
This loophole is closed by , which comes into force on 1 March 2018. The use of digital third-party material for illustration purposes in teaching is thus expressly permitted, within the legal limits, in any appropriate form, i.e., also in slides during a lecture. § 60a Copyright Act
The limit is up to 15% of a published work. Section 60a(2) specifically states that, among other things, images may also be used in their entirety for this purpose. Likewise, the scope of presentation is limited to the students of a course.
Use Images with a Free CC Licence
If the presentation is later to be published as an OER on the , for example as part of a lecture recording, it is a good idea to look for images with a free OpenLearnWare-Platform . Creative Commons License (CC)
There are now many on the internet where you can find images that have been published under a free CC licence. CC licences allow fundamental use with regard to reproduction, further distribution, and making available to the public. The conditions under which the author grants these rights of use (for example, whether editing is permitted) and the image portals must be observed. Rules for the correct attribution of a CC-licensed work
Caution with Images of People
Caution should be exercised with images that depict people who are not merely an accessory (e.g. people pictured by chance in front of a sight). In this case, you should contact the photographer and clarify whether the persons depicted have given permission for their image to be published in accordance with the principles of the right to one's own image (). If individual persons are visible in a picture and if the statement of the picture concerns the presence or activity of the persons, then permission from the persons is obligatory. §22 Art Copyright Act
When using images with a CC licence, check whether it covers the permission of the person depicted.
What alternatives are available…
if the image use is not to take place within the framework of §60a UrhWissG and no suitable images under CC licence can be found?
If suitable images are found on the internet but are not published under a free CC licence, and if the image is not to be used within the framework of §60a UrhG because, for example, a later publication as OER is planned, the following further options are available:
Check whether integration is possible within the framework of the right of citation § 51 UrhG (Copyright Act)
Within the framework of the , it is possible to incorporate copyright-protected works or parts of a work (including, for example, images) into one's own work (e.g., presentation slides) without having to ask the author for permission. However, a prerequisite for this is, among other things, that there is a corresponding purpose for the citation. For example, the use of images to “spruce up” one's own work is not an appropriate citation purpose. A purpose of quotation is always given if the quotation underlines or explains one's own remarks or if one deals with the quotation within one's own remarks. right of citation § 51 UrhG
Check whether it is possible to make use of images that are in the public domain
Works whose authors have been dead for more than 70 years are no longer subject to copyright protection. If the works were also published more than 70 years ago, they are in the public domain and can therefore in principle be used freely. However, the use is sometimes still limited by the rights of third parties (e.g., rights of co-authors who died later, rights of publishers). This should be clarified.