As a rule, you can openly license your own work with\u00adout any prob\u00adlems. As the author, you have all rights to the work. The sit\u00adu\u00ada\u00adtion is dif\u00adfer\u00adent if you have trans\u00adferred the rights exclu\u00adsively (solely) or very largely to a third party (e.g. a pub\u00adlisher or your uni\u00adver\u00adsity in accor\u00addance with Sec\u00adtion 43 UrhG). Or you are not the only copy\u00adright holder. In this case, you must make the deci\u00adsion on open licens\u00ading together with the other co-authors. <\/p>\n\n
But what applies if you use third-party mate\u00adr\u00adial in your work? When are you allowed to do so? What rights do you need to the third-party work? When can you (co-)license the third-party work? We deal with these ques\u00adtions in this blog post. <\/p>\n\n
Copy\u00adright is a monop\u00adoly right sub\u00adject to per\u00admis\u00adsion. This means that the use of third-party works (with the excep\u00adtion of purely pri\u00advate use) is gen\u00ader\u00adally pro\u00adhib\u00adited unless you have per\u00admis\u00adsion to do so. This per\u00admis\u00adsion for use may already exist by law, for exam\u00adple because a work has never been pro\u00adtected by copy\u00adright, such as offi\u00adcial works (Sec\u00adtion 5 UrhG) or is no longer pro\u00adtected by copy\u00adright because the term of pro\u00adtec\u00adtion of 70 years since the death of the author has expired (Sec\u00adtion 64 UrhG). In addi\u00adtion, the law per\u00admits the use of third-party works with\u00adout the per\u00admis\u00adsion of the copy\u00adright holder under cer\u00adtain con\u00addi\u00adtions. These statu\u00adtory per\u00admis\u00adsions \u2014 also known as statu\u00adtory licenses or lim\u00adi\u00adta\u00adtions \u2014 are reg\u00adu\u00adlated in Sec\u00adtions 44 et seq. UrhG (Ger\u00adman Copy\u00adright Act). Par\u00adtic\u00adu\u00adlarly rel\u00ade\u00advant for the use of open edu\u00adca\u00adtional mate\u00adri\u00adals are the lim\u00adi\u00adta\u00adtions of the right to quote, Sec\u00adtion 51 UrhG, car\u00adi\u00adca\u00adture, par\u00adody and pas\u00adtiche, Sec\u00adtion 51a UrhG and free\u00addom of panorama, Sec\u00adtion 59 UrhG. For exam\u00adple, you may quote another per\u00adson\u2019s work in your work if the strict require\u00adments of \u00a7 51 and \u00a7\u00a7 62\u201363 UrhG are met. <\/p>\n\n
Per\u00admis\u00adsion for use can be granted by means of a license agree\u00adment. In the case of openly licensed works, this hap\u00adpens auto\u00admat\u00adi\u00adcally with the use of the work if the license con\u00addi\u00adtions are com\u00adplied with. In other cases \u2014 if the work is nei\u00adther openly licensed nor in the pub\u00adlic domain and none of the legal per\u00admis\u00adsions apply \u2014 you must ask the rights hold\u00aders (authors, a pub\u00adlisher, an insti\u00adtu\u00adtion, etc.) before incor\u00adpo\u00adrat\u00ading it into your work, adapt\u00ading it if nec\u00ades\u00adsary and then pub\u00adlish\u00ading it under an open license. If you fail to do so, you are com\u00admit\u00adting a copy\u00adright infringe\u00adment, which may result in a warn\u00ading let\u00adter, dam\u00adages and the asso\u00adci\u00adated high costs. <\/p>\n\n
The best way to ensure legally com\u00adpli\u00adant use of the work is to pro\u00adceed as fol\u00adlows:<\/p>\n\n
<\/p>\n\n
But beware: <\/strong>Such per\u00admis\u00adsion does not enti\u00adtle you to co-license the third-party work! Co-licens\u00ading<\/em> already exists if you do not indi\u00adcate that the third-party work is excluded from the open license. In order to be allowed to co-license another per\u00adson\u2019s work, you must be able to grant oth\u00aders rights of use to the extent per\u00admit\u00adted by the respec\u00adtive open license. This means that you must either exclu\u00adsively have all the rights of use to the work that you also want to grant to oth\u00aders under the open license or at least such far-reach\u00ading sim\u00adple rights of use that enti\u00adtle you, among other things, to all known and unknown types of use, includ\u00ading sub\u00adli\u00adcens\u00ading, for an unlim\u00adited period of time and ter\u00adri\u00adtory and irrev\u00ado\u00adca\u00adbly. These rights must be explic\u00aditly granted to you by con\u00adtract. <\/p>\n\n If there is no cor\u00adre\u00adspond\u00ading agree\u00adment, you can\u00adnot grant any rights to the work to third par\u00adties. If you license some\u00adone else\u2019s work even though you do not have the nec\u00ades\u00adsary rights of use, you are not only com\u00admit\u00adting a copy\u00adright infringe\u00adment, but also putting the users of your work in a dif\u00adfi\u00adcult sit\u00adu\u00ada\u00adtion. They rely on your license infor\u00adma\u00adtion and assume that you have the cor\u00adre\u00adspond\u00ading rights to use the work. How\u00adever, users can also be warned if they use your work with third-party con\u00adtent with\u00adout reflec\u00adtion and share it pub\u00adlicly. This is because copy\u00adright law does not pro\u00adtect good faith in the rights of the licen\u00adsor. Instead, there is an oblig\u00ada\u00adtion to check whether the work is free of third-party rights before using it. <\/p>\n\n So how can you ensure that you have all the nec\u00ades\u00adsary rights to the work? There are four ways to do this: <\/p>\n\n You can find more infor\u00adma\u00adtion on the above options in the blog post Author con\u00adtracts for OER<\/a> by Paul Klimpel for OER.Info.<\/p>\n\n Tip<\/strong>: We have cre\u00adated cor\u00adre\u00adspond\u00ading sam\u00adple tem\u00adplates for con\u00adtract con\u00adstel\u00adla\u00adtions for you, these are pro\u00advided with the license, CC 0. Be sure to adapt the tem\u00adplate to your spe\u00adcific indi\u00advid\u00adual case and con\u00adtact our sup\u00adport<\/a> team if you need help fill\u00ading it out. <\/p>\n\n Sam\u00adple tem\u00adplate Grant\u00ading rights of use<\/a> <\/p>\n","protected":false},"excerpt":{"rendered":" As a rule, you can openly license your own work with\u00adout any prob\u00adlems. As the author, you have all rights to the work. The sit\u00adu\u00ada\u00adtion is dif\u00adfer\u00adent if you have trans\u00adferred the rights exclu\u00adsively (solely) or very largely to a third party (e.g. a pub\u00adlisher or your uni\u00adver\u00adsity in accor\u00addance with Sec\u00adtion 43 UrhG). Or [\u2026]<\/p>\n","protected":false},"author":1,"featured_media":1266,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"wp_typography_post_enhancements_disabled":false,"footnotes":""},"categories":[145],"tags":[],"class_list":["post-7359","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-issues"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts\/7359","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/comments?post=7359"}],"version-history":[{"count":0,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts\/7359\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/media\/1266"}],"wp:attachment":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/media?parent=7359"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/categories?post=7359"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/tags?post=7359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
Sam\u00adple tem\u00adplate Trans\u00adfer of rights of use<\/a><\/p>\n\n