How do I use third-party graphics, diagrams and logos in OER in a legally compliant way?

Graphical representations

Creative and individual graphic representations (images, icons, pictograms) can be protected by copyright if they are sufficiently individual and original (level of creation) and can also be registered as a design with the German Patent and Trademark Office (e.g. a logo trademark). In both cases, use is generally subject to approval.

As a general rule, you should not incorporate any graphic representations into OER without being asked and should instead create your own. Under certain circumstances, simple pictograms and icons of a computer program can be used freely due to a lack of copyright. This is recognized by case law, for example, for the "Print" symbol.

The use of graphic representations in OER may be justified in individual cases as "insignificant additions" if only a few graphics are used in a very small format. However, reproducing the entire computer program with original graphics is not permitted.

You can use graphic representations in OER for citation purposes: the citation must support your own statement and not just be used for aesthetic reasons (purpose of citation). Do not forget to cite the source of the quotation. If the cited graphic representation is openly licensed, you do not need to adhere to the conditions of the open license when citing it correctly.

Prior consent is also not required for the use of openly licensed graphics. Please note the respective license conditions.

Logos can constitute works pursuant to Section 2 (2) UrhG if they are sufficiently individual and original (e.g. design elements). However, even very simple logos that do not reach the level of creativity required in Section 2 (2) UrhG can be legally protected. A logo can be registered as a word mark or word/image mark with the German Patent and Trademark Office. In this case, a logo enjoys protection under Sections 14 and 15 MarkenG and may not be used without the consent of the trademark owner.

You can find out whether a logo is registered as a trademark in the database of the German Patent and Trademark Office: https://register.dpma.de/DPMAregister/marke/basis.

Attention! If you use openly licensed material that contains a logo, this does not mean that the logo is also openly licensed and can therefore be reused. If in doubt, clarify this with the author or rights holder of the material.

Diagrams, tables

Data, facts, figures, scientific findings that fill out a diagram or table are not protected by copyright (no works within the meaning of copyright law). However, the way in which the content is presented can be protected, § 2 para. 1 no. 7 UrhG. The prerequisite for this is that the presentation is an expression of an individual intellectual achievement and deviates from the usual, i.e. has a level of creativity (e.g. in the case of a particularly easy-to-understand and clear presentation of the content: Selection and arrangement of questions in multiple-choice exams; in the case of a clear conception of the outline or similar) . Simple bar charts, pie charts, column charts and tables of a computer program can therefore also be protected by copyright if the arrangement of their content is sufficiently individual.

Edit openly licensed graphics and diagrams in compliance with the law:

If the license for the graphic/diagram permits editing, the following applies:

An adaptation in the sense of copyright law exists if a work is substantially changed.

Section 14 UrhG - prohibition of alteration - must be observed. A graphic representation may not be edited in such a way that it is distorted. The original work is considered the optimum in copyright law. A work is distorted within the meaning of Section 14 UrhG if its characteristic features disappear and the work as such is no longer recognizable (e.g. complete painting over of a picture). Distortion of a work is a copyright infringement.

An exception to this is caricature, parody, pastiche, § 51a UrhG. Accordingly, the reproduction, distribution and public communication of a published work for the purpose of caricature, parody and pastiche is permitted. The authorization according to sentence 1 includes the use of an image or other reproduction of the work used, even if this is itself protected by copyright or a related right. The difference to distortion is that the original work is not edited. The question of whether a parody is permissible is judged differently by case law.

Typical image processing in the sense of copyright law is remixing, usually the use of filters, effects, color changes, cropping. In contrast, there is no editing in the case of a reduction in size, digitization, application of a new format (i.e. technical changes).

Editing for private use is permitted in accordance with § 14 UrhG. Edited images, graphics and diagrams, on the other hand, may only be published if they are public domain or openly licensed content (with editing rights - ND) or if the author or rights holder has given their consent, Section 23 UrhG. Illegal adaptations of protected works constitute copyright infringement and may have legal consequences.

New works created with editing rights can - if they are sufficiently individual and unique (level of creation) - themselves be protected by copyright alongside the original work.