Commons:Copyright rules by territory/Germany

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COM:CRTGER
Location of Germany

Summary

Countries, areas, and entities Standard copyright term
(based on authors' deaths) 		Other copyright terms
(based on publication and creation dates) 		Copyright exemptions Notes


Commons-logo.svg Germany copyright overview
(Wikipedia-logo-v2.svg Copyright law of Germany) 		70 p.m.a.: life + 70 years[1]
  • Anonymous works: 70 years after publication (if author never disclosed)
  • Publication right: 25 years from first publication or first public performance if copyright has expired before such publication or performance, or if the work has never been protected in Germany and the author died more than 70 years before the first publication[2]
  • Berne/UCC: yes
  • Until year end: Yes[3]
{{PD-old-auto|author died 1947 or earlier}} {{PD-EU-no author disclosure}}
{{PD-EU-unpublished}}

{{FoP-Germany}}

{{FoP-Germany}}
SemiPD-icon.svg

Germany

The photographical reproduction of this work is covered under the article § 59 of the German copyright law, which states that "It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works which are permanently located on public ways, streets or places and to distribute and publicly communicate such copies. For works of architecture, this provision shall be applicable only to the external appearance." See Commons:Freedom of Panorama#Germany for more information.

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See also Category:PD Germany license tags

Germany Overview

Freedom of panorama

Main page: COM:FOP#Germany.

Objects permanently located in public that can be photographed from public (accessible) grounds, without devices such as a ladder, can be used by its photographer for any purpose, regardless of whether they display an artwork/building or not (section 59 UrhG). This right is called Panoramafreiheit (freedom of panorama). The alteration of images uploaded under this provision is generally prohibited, though exceptions apply (section 62.1 and 62.2 UrhG).

Official works

By German law, documents are in the public domain (gemeinfrei) if they have been published as part of a law or official decree or edict, or if they have been released as an official announcement or for public information. The relevant law is section 5 of the UrhG. The first and most important sentence states:

Gesetze, Verordnungen, amtliche Erlasse und Bekanntmachungen sowie Entscheidungen und amtlich verfaßte Leitsätze zu Entscheidungen genießen keinen urheberrechtlichen Schutz.

For more information about German copyright laws, see the meta-page Wikipedia:Bildrechte on the German Wikipedia.

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Note:
  1. Two public domain tags: Per Commons:Licensing, files on Commons must be in the public domain in both the source country and the United States, if they are not freely licensed. Public domain files always need both a US PD tag and a source-country PD tag (or a combined tag which explicitly covers both).
  2. URAA copyright restoration: Many files which are in the public domain in Germany are affected by the URAA restoration of US copyright. For files published anywhere in the world before , {{PD-1923}} covers the US copyright. For all other cases, the URAA issue needs to be considered in more detail. New files which are affected by the URAA (i.e. have their US copyright restored) should not be uploaded to Commons. Old files are subject to review via Commons:WikiProject Public Domain/URAA review; cases known to be affected should be {{Not-PD-US-URAA}} and if possible moved to a Wikimedia project which permits fair use.
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References

  1. ↑ § 64 Urheberrechtsgesetz[1], as amended by the Law of 17 December 2008
  2. ↑ § 71 Urheberrechtsgesetz[2]
  3. ↑ § 69 Urheberrechtsgesetz[3]

See also

Editing this page

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