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TaskExercise 3

Exercise 3

Who holds which rights, and what is allowed? Answer the following questions (BMBF, 2020, p. 18) about copyright with a brief rationale.

  1. Do students own the copyright to their seminar, bachelor’s, master’s, or term papers?
  2. May students include copyrighted images, photos, and graphics in their semester papers or presentations?
  3. Who holds the rights to works or contributions from academic staff and student assistants?
  1. Do students own the copyright to their seminar, bachelor’s, master’s, or term papers?

    Answer:
    „Seminar, bachelor’s, master’s, or term papers are generally intellectual creations, i.e., they are works within the realm of copyright law. The copyrights to a paper always belong to its creator, in this case, the student. This applies even if the topic suggestion or assignment comes from the academic staff. Ultimately, the student has created the work and is therefore the author in the sense of copyright law. This means: Without the student’s consent, the work may not be used by others, including the university.
    If multiple students have written a paper together, this constitutes joint authorship. In this case, all contributors are authors and share rights collectively. They may only exercise these rights together.” (BMBF, 2020, p. 18)1Translated by Saskia Köbschall.

  2. May students include copyrighted images, photos, and graphics in their semester papers or presentations?

    Answer:
    „Images and texts: Both are copyrighted works. § 60a UrhG allows the use of copyrighted works ‘for illustration in teaching and instruction.’ This means that images may be used for teaching and preparation or follow-up, for example, by embedding them in a PowerPoint presentation.
    In addition to the usage permission under § 60a UrhG, the right to quote (§ 51 UrhG) also allows use – particularly in the context of a semester, bachelor’s, or master’s thesis. Unlike § 60a UrhG, the quotation right is not limited to teaching and instruction. Anyone may rely on quotation rights. Quotations can take various forms: text quotations, image quotations, film quotations, or even music quotations.” (BMBF, 2020, p. 18)2Translated by Saskia Köbschall.

  3. Who holds the rights to works or contributions from academic staff and student assistants?

    Answer:
    For academic staff, it must be assessed on a case-by-case basis whether their work was done under instructions and whether it is contractually assigned. In such cases, rights may belong to the research institution. If the work was done independently, the copyright remains with the researchers.
    Student assistants, on the other hand, typically work under instructions and do not work independently. The rights in these cases belong to the academic institution.

    Siehe hierzu:
    „In certain cases, employee copyright (§ 43 UrhG) may apply. Under this law, employers or public service institutions automatically acquire usage rights to works created as part of an employment relationship. However, the author remains the employee.” (BMBF, 2020, p. 19)3Translated by Saskia Köbschall.

    Under Article 5(3) GG, which guarantees academic freedom, “research and teaching are free. All research results and creative achievements… are not subject to employee copyright. Academic staff are generally included in this academic freedom. However, in individual cases, employee copyright may apply if they do not work independently and if the creation of the work is explicitly part of their job duties. This must be clarified on a case-by-case basis. Student assistants, on the other hand, do not work independently; therefore, employee copyright typically applies to them.” (BMBF, 2020, p. 19)4Translated by Saskia Köbschall.

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