GermanyRecht der öffentlichen Zugänglichmachung (Right of Making Available to the Public)
Urheberrechtsgesetz (UrhG), § 19a
In force since .
A linking and framing rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- Making a work available to the public by wire or wirelessly, so that members of the public can reach it from places and at times of their choosing, is part of the author's exclusive right of public communication (sections 15(2) and 19a).
- A communication is public if it is intended for a plurality of members of the public, and anyone with no personal relationship to the person exploiting the work, or to the others to whom the work is made accessible, is a member of the public (section 15(3)).
These lines are LexLint's reading of the law's text. Also read by: Bundesgerichtshof, judgment of , I ZR 69/08 (Vorschaubilder) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://www.bundesgerichtshof.de/SharedDocs/Entscheidungen/DE/Zivilsenate/I_ZS/2008/I_ZR__69-08.pdf?__blob=publicationFile&v=1
- Case citation
- Bundesgerichtshof, judgment of , I ZR 69/08 (Vorschaubilder)
- Open questions
- Does a rightholder who puts a work online with no technical protection against crawling give a 'schlichte Einwilligung' to an aggregator's display of it beyond thumbnails, such as a headline with a text excerpt, or is that consent limited to what the Bundesgerichtshof found for thumbnails?
What this law does
Section 19a of the Urheberrechtsgesetz (UrhG) defines the right of making a work available to the public as the right to make the work accessible to the public, by wire or wirelessly, in such a way that it is accessible to members of the public from places and at times of their choosing. Section 15(2) UrhG gives the author the exclusive right to communicate the work to the public in non-material form.
That paragraph lists the right of making available to the public among the parts of the right of public communication. A communication is public where it is intended for a plurality of members of the public. Anyone who is not linked by personal relationships to the person exploiting the work, or to the other persons to whom the work is made perceptible or accessible in non-material form, belongs to the public.
Section 19a was inserted into the Act by Article 1, number 5 of the Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft of .
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Our analysis of this law draws on 1 court ruling.
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When LexLint raises it
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