Copyright: Court upholds Intranet clause for teachers

Copyright: Court upholds Intranet clause for teachers
The regional court in Stuttgart decided in dispute the so-called intranet clause in the Copyright Act, educational institutions that students up to 10 percent of a protected work may be made available online. This is consistent with the concerns of the legislature in Section 52  Copyright Act, under which teachers and scholars "small parts" to make works a "certain limited range of teaching students" to the public, may the words of a recently published opinion of the 17th Civil Chamber of the end of September (Az: 17 O 671/10). The possibility of a download as a PDF file is to prevent it though.
The normal exploitation of the object is affected by the intranet clause does not in itself, violates the legitimate interests of the owner is not improperly, the judge explained. Insofar as the Clause with international copyright agreements and the EU Copyright Directive was incompatible. An undue interference with the property rights of the recycler is not available. A training center should select for the online publication but a file format with "functioning protection mechanisms", which makes the storage of the scanned parts work on the computers the students impossible. Further details of such a format are not apparent from the decision.
In support, the Court, that the legislator's aim was merely to allow a use that is in the analog space comparable. A download to a computer but put a "simpler and higher quality reproduction", since the stored extracts could be something like "transferred directly into your own word processor." Printing of the materials provided, however, is permitted. This corresponds to the way the plant parts after sending to copy traditional.
In the case of Alfred Kröner Verlag had sued the University of Hagen due to an extensive publication of a copyrighted work sold by him in the higher education system. The Stuttgart complained that the university students 91 of its 476 pages of text from the text book "Milestones in psychology" without charge on its intranet available electronically presented. They wanted to assert that the university could offer only three pages from the factory.
This very strict interpretation of the clause Intranet rejected the district court. According to him, allowed 48 pages in electronic form (without the possibility of recording), and three pages to download are made publicly available to students. The university said in the chamber to spread beyond the plant parts. Moreover, they condemned the university to pay an even closer quantified damages and reimbursement for a three-quarter of the cost of litigation and other extrajudicial costs for failure to sign a cease and desist from publishing required.
The plaintiff intends, according to the Association of German Book Trade to assist him in the fall, to go against the decision in the appeal. The reason given is that the prohibition by the court was not extensive enough. Karl-Peter Winters, president of the Publishers and Booksellers Association in the Committee showed Although generally pleased that the court "the excesses of the University of Hagen has put a stop". Only one free replacement phasing out of Section 52a of the copyright law but could "secure the education of German students with the latest and best teaching materials". One reason for the plea, the publisher was that the payment was actually foreseen failed factory-related payments to the refusal of the federal and state universities to understand the uses taking place.