How do I use screenshots in OER in a legally compliant way?

Screenshots as digital copies of the screen interface are not protected by copyright. What can be protected is the content of a screenshot (e.g. section of a website, user interfaces of a computer program, images, pictures of people, texts, maps) if it reaches a certain level of creativity, i.e. a certain degree of individuality and originality. Screenshots of non-protectable public domain works (creators have been dead for 70 years) or official works (laws, ordinances, judgments and decrees) may be used in OER.

Screenshots of copyrighted content that is openly licensed as OER may be used subject to the respective license conditions.

Screenshots of copyrighted content may be used in OER if they are used for quotation purposes, Section 51 UrhG. This is the case if and to the extent that the content on the screenshot (image, text, graphic, etc.) substantiates or underpins your own statements (documentary function). There must be a substantive discussion of the quoted content. Quoting for decorative purposes is not permitted. Screenshots used as quotations must be accompanied by a reference to the source, Section 63 (1) UrhG.

If none of the above cases apply, the copyright holder must be asked for permission to use the material.

If you are not sure whether you are allowed to use content, you can remove it or make it unrecognizable - pixelate it, blacken it, etc.

You can find details on the legally compliant use of screenshots in the iRights.info article "Using screenshots correctly".

You should also be careful when filming protected computer programs (screencast). The above applies to screenshots. The program user interfaces shown may also be legally protected as works or designs. This must be clarified in case of doubt.