{"id":7399,"date":"2023-09-26T12:05:00","date_gmt":"2023-09-26T10:05:00","guid":{"rendered":"http:\/\/www.twillo.de\/blog\/why-copyright-concerns-everyone-the-new-handout-on-copyright-in-teaching-and-science\/"},"modified":"2025-06-05T16:15:02","modified_gmt":"2025-06-05T14:15:02","slug":"why-copyright-concerns-everyone-the-new-handout-on-copyright-in-teaching-and-science","status":"publish","type":"post","link":"https:\/\/www.twillo.de\/en\/blog\/why-copyright-concerns-everyone-the-new-handout-on-copyright-in-teaching-and-science\/","title":{"rendered":"Why copyright concerns everyone: the new handout on copyright in teaching and science"},"content":{"rendered":"\n<p class=\"teaser-text\">Why copy\u00adright con\u00adcerns every\u00adone:<\/p>\n\n<p><strong>\u2026because uni\u00adver\u00adsi\u00adties are not a copy\u00adright-free space.<\/strong><br>Copy\u00adright law offers oppor\u00adtu\u00adni\u00adties to legally use third-party works in one\u2019s own teach\u00ading, some\u00adtimes even with\u00adout the con\u00adsent of the copy\u00adright holder. How\u00adever, it is also accom\u00adpa\u00adnied by oblig\u00ada\u00adtions and require\u00adments of which stu\u00addents should be aware: to safe\u00adguard their liveli\u00adhood, to pro\u00adtect their own inter\u00adests, to pre\u00advent legal con\u00adse\u00adquences\u2026 <\/p>\n\n<p>In addi\u00adtion, copy\u00adright is gen\u00ader\u00adally applic\u00ada\u00adble, every\u00adday law. There\u00adfore, the rel\u00ade\u00advance of copy\u00adright law is not lim\u00adited to the role of teach\u00aders, not to the role of stu\u00addents. <\/p>\n\n<p><strong>\u2026because stu\u00addents encounter copy\u00adright not only in the con\u00adtext of a uni\u00adver\u00adsity, but also in their future pro\u00adfes\u00adsions and in their cur\u00adrent every\u00adday lives.<\/strong><\/p>\n\n<p>\u2018Banal\u2019 copy\u00adright law can be rel\u00ade\u00advant, for exam\u00adple, in the con\u00adtext of (crit\u00adi\u00adcal, artis\u00adtic) memes shared via social media \u2014 this is about excep\u00adtions to copy\u00adright law (pas\u00adtiche). Pre\u00adsen\u00adta\u00adtions in later stages of life, for exam\u00adple in front of cus\u00adtomers \/ in pub\u00adlic, may require the use of any third-party image mate\u00adr\u00adial in com\u00adpli\u00adance with copy\u00adright law. <\/p>\n\n<p><strong>\u2026because copy\u00adright law also affects teach\u00aders-also out\u00adside of a uni\u00adver\u00adsity in their pro\u00adfes\u00adsional and every\u00adday lives.<\/strong><\/p>\n\n<p>The use of third-party mate\u00adri\u00adals in your own teach\u00ading has copy\u00adright impli\u00adca\u00adtions. For exam\u00adple, warn\u00adings may be issued if third-party mate\u00adri\u00adals pro\u00advided are dis\u00adtrib\u00aduted beyond a restricted-access Moo\u00addle course. This is because such dis\u00adtri\u00adb\u00adu\u00adtion goes beyond the per\u00admis\u00adsions of the edu\u00adca\u00adtional and sci\u00aden\u00adtific lim\u00adi\u00adta\u00adtion (\u00a7 63 UrhG).  <\/p>\n\n<p>Copy\u00adright issues also play a role out\u00adside of the uni\u00adver\u00adsity, in every\u00adday pro\u00adfes\u00adsional life \u2014 with regard to the com\u00admer\u00adcial exploita\u00adtion of one\u2019s own works and, if nec\u00ades\u00adsary, guar\u00adan\u00adtee\u00ading one\u2019s own liveli\u00adhood.<\/p>\n\n<p>As pri\u00advate indi\u00advid\u00adu\u00adals, in the sense of demo\u00adc\u00adra\u00adtic par\u00adtic\u00adi\u00adpa\u00adtion, teach\u00aders also encounter copy\u00adright law and its excep\u00adtions \u2014 e.g. when cre\u00adat\u00ading memes.<\/p>\n\n<p><strong>\u2026because uni\u00adver\u00adsi\u00adties have a role model func\u00adtion \u2014 for stu\u00addents, for good sci\u00adence.<\/strong><\/p>\n\n<p>Uni\u00adver\u00adsi\u00adties are respon\u00adsi\u00adble for \/ it is their self-image to pre\u00adpare stu\u00addents for their future careers and to pro\u00advide gen\u00aderal impe\u00adtus dur\u00ading their stud\u00adies. There\u00adfore, a uni\u00adver\u00adsity should also pro\u00advide (at least implicit) sup\u00adport with regard to copy\u00adright law \/ set an exam\u00adple of appro\u00adpri\u00adate or legally com\u00adpli\u00adant behav\u00adior. In this respect, basic knowl\u00adedge of copy\u00adright law can also improve the qual\u00adity of teach\u00ading. For exam\u00adple, it is part of aca\u00add\u00ade\u00admic prac\u00adtice to use third-party mate\u00adri\u00adals in com\u00adpli\u00adance with the law.   <\/p>\n\n<p><strong>\u2026because you and third par\u00adties \u2014 as far as pos\u00adsi\u00adble \u2014 want to decide on the respec\u00adtive work cre\u00adated; you may be depen\u00addent on the attri\u00adbu\u00adtion of author\u00adship (com\u00admer\u00adcial or non-mate\u00adr\u00adial).<\/strong><\/p>\n\n<p>For exam\u00adple, your work should not be stolen and\/or taken out of con\u00adtext; you want and should be able to decide on the types of use of your work, for exam\u00adple by grant\u00ading licenses. This requires an aware\u00adness of the poten\u00adtial of copy\u00adright and its excep\u00adtions. In the inter\u00adests of social inter\u00adac\u00adtion, sci\u00aden\u00adtific trans\u00adparency and even eco\u00adnomic fac\u00adtors, oth\u00aders should not adorn them\u00adselves with \u2018other peo\u00adple\u2019s feath\u00aders\u2019; the exis\u00adtence of third par\u00adties should not be jeop\u00adar\u00addized by using their works with\u00adout remu\u00adner\u00ada\u00adtion.  <\/p>\n\n<p><strong>\u2026because with an aware\u00adness of copy\u00adright law, warn\u00adings and rep\u00adu\u00adta\u00adtional dam\u00adage can be avoided.<\/strong><\/p>\n\n<p>Stu\u00addents, lec\u00adtur\u00aders and, in par\u00adtic\u00adu\u00adlar, their insti\u00adtu\u00adtions, grad\u00adu\u00adates enter\u00ading the pro\u00adfes\u00adsional world and teach\u00ading staff con\u00adtin\u00adu\u00ading to work in the pri\u00advate sec\u00adtor may expe\u00adri\u00adence con\u00adse\u00adquences in the event of copy\u00adright infringe\u00adments \u2014 through claims for dam\u00adages, crim\u00adi\u00adnal pros\u00ade\u00adcu\u00adtion or loss of rep\u00adu\u00adta\u00adtion.<\/p>\n\n<p><strong>\u2026because an aware\u00adness of copy\u00adright can pro\u00admote good coop\u00ader\u00ada\u00adtion, at least within the uni\u00adver\u00adsity.  <\/strong><\/p>\n\n<p>A \u2018cul\u00adture of equals\u2019 can be pro\u00admoted by con\u00adsid\u00ader\u00ading the copy\u00adright-com\u00adpli\u00adant han\u00addling of works by aca\u00add\u00ade\u00admic staff and\/or stu\u00addents. Think\u00ading fur\u00adther: The liveli\u00adhood of third par\u00adties could (as seen) be taken into account and social coop\u00ader\u00ada\u00adtion could be encour\u00adaged, as third-party works are not used \u2018just like that\u2019 (and pos\u00adsi\u00adbly with\u00adout remu\u00adner\u00ada\u00adtion for the copy\u00adright holder). <\/p>\n\n<p><strong>\u2026because copy\u00adright can be bro\u00adken all too quickly in the course of dig\u00adi\u00adti\u00adza\u00adtion, among other things; must be sen\u00adsi\u00adtized with regard to dig\u00adi\u00adti\u00adza\u00adtion and related temp\u00adta\u00adtions <\/strong><strong>must be sen\u00adsi\u00adtized.<\/strong><\/p>\n\n<p>Dig\u00adi\u00adtally in par\u00adtic\u00adu\u00adlar, many things can be copied as quickly as copy\u00adrights can be infringed. How\u00adever, tech\u00adni\u00adcal copy\u00ada\u00adbil\u00adity, a down\u00adload but\u00adton is not syn\u00adony\u00admous with per\u00admis\u00adsion for unre\u00adstricted use. <\/p>\n\n<p><strong>\u2026because copy\u00adright law rec\u00adog\u00adnizes excep\u00adtions, as a result of which use with\u00adout the con\u00adsent of the copy\u00adright holder may be pos\u00adsi\u00adble.<\/strong><\/p>\n\n<p>The right to quote and the edu\u00adca\u00adtional and sci\u00aden\u00adtific restric\u00adtion allow the use of third-party mate\u00adri\u00adals to a lim\u00adited extent within the frame\u00adwork of spe\u00adcific spec\u00adi\u00adfi\u00adca\u00adtions. In the case of the edu\u00adca\u00adtional and sci\u00aden\u00adtific restric\u00adtion, use is also pos\u00adsi\u00adble in pub\u00adlic, but \u2018only\u2019 by a lim\u00adited group of peo\u00adple. <\/p>\n\n<p><strong>\u2026because copy\u00adright does not apply to cer\u00adtain mate\u00adri\u00adals and in cer\u00adtain sit\u00adu\u00ada\u00adtions.<\/strong><\/p>\n\n<p>For exam\u00adple, pub\u00adlic domain mate\u00adri\u00adals and mate\u00adri\u00adals with a low level of cre\u00adativ\u00adity are exempt from copy\u00adright. How\u00adever, even the non-pub\u00adlic use of third-party mate\u00adri\u00adals \u2014 in the sense of repro\u00adduc\u00ading or mak\u00ading avail\u00adable third-party works \u2014 does not con\u00adsti\u00adtute an act rel\u00ade\u00advant to copy\u00adright law (F\u00f6rster 2018: 7). <\/p>\n\n<p><strong>\u2026because copy\u00adright law knows lim\u00adits, but exceed\u00ading them is frowned upon in a sci\u00aden\u00adtific con\u00adtext \/ is con\u00adsid\u00adered pla\u00adgia\u00adrism.  <\/strong><\/p>\n\n<p>For exam\u00adple, sci\u00aden\u00adtific con\u00adtent that is not in a spe\u00adcific form (\u2248 lit\u00aderal quo\u00adta\u00adtion) is not pro\u00adtected by copy\u00adright. The unmarked use of any anal\u00ado\u00adgous con\u00adtent may not be prob\u00adlem\u00adatic under copy\u00adright law, but it is cer\u00adtainly con\u00adsid\u00adered a vio\u00adla\u00adtion of stan\u00addards of good sci\u00aden\u00adtific prac\u00adtice (\u2248 doc\u00adu\u00admen\u00adta\u00adtion and inde\u00adpen\u00addence). In addi\u00adtion, such a pro\u00adce\u00addure could vio\u00adlate exam\u00adi\u00adna\u00adtion reg\u00adu\u00adla\u00adtions, uni\u00adver\u00adsity law and employ\u00adment con\u00adtracts; pos\u00adsi\u00adbly also trade\u00admark and patent law. Rep\u00adu\u00adta\u00adtional dam\u00adage is there\u00adfore also con\u00adceiv\u00adable at this level as a min\u00adi\u00admum.   <\/p>\n\n<p>Excerpt from the <a href=\"https:\/\/www.hs-emden-leer.de\/fileadmin\/user_upload\/cd\/Dokumente\/Intranet\/Handreichungen_und_Hinweise_f%C3%BCr_die_Lehre\/Urheberrecht_HSEL_Web.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">hand\u00adout \u201cUrhe\u00adber\u00adrecht in der Hochschullehre\u201d<\/a> by S\u00f6nke Hahn, Hochschule Emden-Leer for twillo, <a href=\"https:\/\/creativecommons.org\/licenses\/by\/4.0\/legalcode\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">CC BY 4.0<\/a>, text slightly short\u00adened, for\u00admat\u00adted.<\/p>\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u2026because uni\u00adver\u00adsi\u00adties are not a copy\u00ad\u00adright-free space.Copy\u00adright law offers oppor\u00adtu\u00adni\u00adties to legally use third-party works in one\u2019s own teach\u00ading, some\u00adtimes even with\u00adout the con\u00adsent of the copy\u00adright holder. How\u00adever, it is also accom\u00adpa\u00adnied by oblig\u00ada\u00adtions and require\u00adments of which stu\u00addents should be aware: to safe\u00adguard their liveli\u00adhood, to pro\u00adtect their own inter\u00adests, to pre\u00advent legal [\u2026]<\/p>\n","protected":false},"author":1,"featured_media":7397,"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-7399","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\/7399","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=7399"}],"version-history":[{"count":0,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/posts\/7399\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/media\/7397"}],"wp:attachment":[{"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/media?parent=7399"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/categories?post=7399"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.twillo.de\/en\/wp-json\/wp\/v2\/tags?post=7399"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}