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Exceptions, quotations & adaptations
Identify a concrete statutory basis before using protected material without an individual licence.
German copyright law and relevant European rules. The appropriate solution depends on the facts, agreements and intended use.
Legal framework
German law permits certain uses without the rights holder’s individual consent, but each exception has its own conditions. Attribution, short length and a non-profit purpose are not universal permissions. The US fair-use concept cannot simply be applied as a general rule to German publications.
Practical guidance
A quotation must serve a genuine purpose, such as evidence or analysis in an independent discussion. The extent of copying must be justified by that purpose. A photograph used merely as decoration does not become a lawful quotation through a source credit. Source identification, publication status and restrictions on alterations also require attention.
Education and research provisions depend on the users, purpose, work and scope. Corporate training is not automatically equivalent to school teaching. Adaptations, parody and pastiche require their own assessment; a percentage of changes is not a legal safe harbour. Where an exception is doubtful, consider licensing or a different design.
Practical examples
These fictional examples illustrate common issues; they are not accounts of particular client matters.
Example 1
Diagram in a whitepaper
A company reproduces a diagram to analyse its argument. Review the quotation purpose, scope and source credit. Using the same graphic merely to attract attention in advertising may produce a different result.
Example 2
Course material in a customer portal
A provider uploads textbook extracts for paying users. Password protection is not itself a statutory permission. The users, purpose and amount must be checked, or a platform licence obtained.
Example 3
Satirical advertising motif
An agency humorously alters a familiar image. Whether parody or another exception applies depends on the actual design and context. Assess differences, message and affected interests before release.
Frequently asked questions
Is there a fixed permitted word count?
There is no universal quotation limit. The amount must be justified by the specific quotation purpose.
Does extensive editing make any source free to use?
No. The protected elements retained, distance from the original and any applicable exception determine the assessment.
Preparing for advice
01 · Your objective
Explain the intended use or dispute, the parties, countries and any deadlines.
02 · Your documents
Gather agreements, licence terms, drafts, evidence of use and relevant correspondence.
03 · Next steps
We agree the scope and fees, then assess the permissions, contractual changes or proceedings required.
Related topics
Publishing, authors & press · Design, art & architecture · Databases & scientific works
Advice from German specialist lawyers
Michael Horak and Julia Ziegeler are German-certified specialist lawyers in copyright and media law. Hanover is our headquarters. We advise at our offices and by video conference. Meet the team · Contact us in English.
Legal reference: German Copyright Act (official German text).