Elke Brehm, 
Göttingen, 7th June 2016
Young Scientist Day
Becoming an author
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Agenda ohne Hintergrundgrafik
1. Introduction to copyright law
2. A licence agreement
 Hands-on group work
 discussion
3. A few short notes on Open-Access-Licences
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Use of copyrightable works published on the
internet
Copyright law is national law: applicable law depends on facts of 
the case
Similarities of national copyright laws:
• scientific texts, illustrations, abstracts, etc. will generally be
protected by copyright law
• Fair-Use-Doctrine or statutory exceptions exist
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Use of copyrightable Works published on the
internet
Statutory exceptions (German Copyright Code)
Documents published online may generally only be used in part
for the users „Own Use“ („eigener Gebrauch“): 
Allowed e. g.: Download, store, read, cite, pass on to friends, make
available small parts on password-protected platform for working 
group (for teaching/research purposes)
Not allowed e. g.: Make available entire text freely accessible for 
everyone online, create derivatives and distribute derivates to 
unknown Third Parties, commercial use
Exception: Open-Access-Licenses
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Who is the author/“creator“?
Creator is the person who created the work („copyright
owner“).
All rights to the work belong to creator. 
Exceptions:
•work was created by several persons in close cooperation
•work was created while fulfilling work obligations (right of 
direction of superior); not applicable for professors, doctoral
students for their doctoral thesis
•obligations to publish due to publication agreements (third
party funding)
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Rights of the creator – meaning of „copyright“
(German Copyright Code)
Moral Rights:
protection of author´s/creator´s
personal relationship to his/her 
work
•time and place of first
publication
•attribution
•prevent disfigurement, 
interference
Economic exploitation of the
work:
•copy
•distribute (~pass on digital or
analogue copies)
•exhibition
•„public representation“: 
presentation, performance, 
making publicly available
(~online-publication)
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Licence contracts
•in Germany copyright cannot be transferred to others
completely
rights for 
economic exploitation
Moral Rights
•author/creator can transfer rights for economic exploitation
•licence contracts are bilateral agreements in all countries
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Licence contracts
to distinguish:
Types of rights
exclusive non-exclusive
rights of use
Limitation of rights of use as to 
types of use, time or place
Types of use fixed term
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Publication
Licence contract
Content e.g.:
• title of publication and contractual parties
• scope of granted rights (exclusive – non-exclusive, 
limitations of time, place and types of use) 
• exemption from liability for violation of rights of Third Parties
Form of the contract:Written form (handwritten signature) only
obligatory in special cases
But: Legal proof in court of law – email has low probative value
written form is recommended.
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Publication
Primary publication: first-time publication of work
Secondary publication: Publication of work, which has 
already been published e. g. in institutional or subject specific
repository or by a publishing company
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Additional considerations:
•Boundaries of right to cite other publications for scientific
purposes
•Patent law: No publication before official application to patent 
authorities
•Data protection: Publication of information about specific
identifiable individuals only with their explicit consent or in 
anonymised form
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Open-Access-Licences
Creator can grant additional usage rights to the user which
exceed statutory exemptions or Fair Use, e. g. …
•to distribute work
•to create derivatives of work, distribute derivatives
•commercial use
They adhere to the recommendations of the Berlin Declaration
on Open Access to Knowledge in the Sciences and Humanities
http://oa.mpg.de/lang/de/berlin-prozess/berliner-erklarung/
Generally legally sound, have been subject of legal 
disputes in Germany
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Creative Commons-Licences
CC by nd 3.0 Germany
CC by 3.0 Germany
CC by nd nc 3.0 Germany
CC by nc 3.0 Germany
CC by sa 3.0 Germany
CC by nc sa 3.0 Germany
CC by nd 4.0 International
CC by 4.0 International
CC by nd nc 4.0 International
CC by nc 4.0 International
CC by sa 4.0 International
CC by nc sa 4.0 International
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Open-Access-Licences
Valid stipulation by…
Citing the entire name of the specific licence including a link to 
entire legally binding licence text 
•in the work and 
•in online catalogue/on the website/in the repository
User must be informed of the specific licence conditions
before the download.
Contact
Elke Brehm
T +49 511 762-8138, elke.brehm@tib.eu