Last updated: January 2024
The school will adhere to copyright law and expects FIS community members to do the same.
Copyright is defined as the author’s / artist’s legal right to the reproduction and dissemination of work. Under the International Copyright Agreement, all mass copying of protected material that is done methodically is prohibited.
German copyright law (Urheberrechtsgesetz) applies to both public and private schools. In principle, copyright law states that the author / artist is entitled to the copyrights and particularly to all rights of use and rights of exploitation. This includes:
Performing rights (live music)
Right of communication to the public
Broadcasting rights
Reproduction rights
Distribution rights
In the case of infringements of the copyright law, the author may demand payment of reasonable remuneration, similar to a license fee. A distinction is made between public and non-public (private) use of a work. Use of copyrighted contents without the author’s consent is only permissible for private use. Illegal use or duplication will not be allowed. Routine copying that substitutes for purchase and deprives the owner of financial benefits is prohibited. FIS community members may be held accountable for willful violation.
FIS is covered by an agreement between Land Hessen and VG Wort for written material and also has a contract with the Gesellschaft für Musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA) (Society for musical performing and mechanical reproduction rights) for music.
I. Literature
FIS community members should consider, in advance, what is to be copied, the amount and purpose for copying materials, and the instructional purposes for which it is intended.
1. Digital copy
1. Print media / published before 2005 - All printed texts (such as schoolbooks, workbooks, fiction- and non-fiction-books) published before 2005, may not be scanned.
2. Print media / published after 2005 - All printed texts published after 2005 may be scanned under the following conditions:
Only 10% of the book may be scanned
No more than 20 pages of the book may be scanned
The source must always be clearly indicated on each copy
The same book may only be scanned once per school year and class
If all the conditions are met, teachers are allowed:
To send the document by email to their students
To print the documents and distribute the printouts
To present them on a projector or a computer
1a. Downloading Print Media - Printed material that is available for download on the Internet may only be downloaded if the school has paid the relevant royalties.
2. Photocopy
All printed texts (such as schoolbooks, workbooks, fiction- and non-fiction-books) may be copied under the following conditions:
Only 10% of the book may be scanned
No more than 20 pages of the book may be scanned
The same book may only be scanned once per school year and class
Smaller published works (under 25 pages) other than schoolbooks or other educational materials may be copied in their entirety.
3. Learning Management System – LMS
Minor parts of a published work (up to 25 pages) or of a newspaper/magazine article may be made available on the LMS for school use.
The publishing of entire schoolbooks or other school/educational materials on the LMS is prohibited. Exceptions are only made if the author gives permission and/or the relevant royalties have been paid.
II. Live Streaming
Even if videos, TV shows, movies (etc.) have been published on the Internet with the consent of the author, they are nonetheless subject to copyright. The copyright holder is entitled to instigate both criminal and civil legal action in pursuit of legal infringements.
If movies, TV-shows or productions were placed legally on “YouTube” or another live streaming channel, they may be:
Exhibited or demonstrated in the classroom using the streaming method
Embedded into a website
Shared on Facebook or another internet platform
Every act of illegal downloading, copying, saving to files and/or passing on is prohibited!
III. Drama
The author of the music or lyrics of a musical work can decide the manner in which his work is used and may demand compensation. To simplify compensation practice the German legislator has commissioned GEMA – a collecting society – to manage the requests, permissions and payments. In principle any use of a musical work must be authorized in advance by GEMA. Therefore the school has signed a contract with GEMA (a general contract or “Pauschalvertrag”), which regulates the remuneration.
The school is required by law to apply to GEMA for the appropriate permit and pay any due fees before the start of the event or the use of the music. Nonetheless, the right to use the musical work is subject to the limitations detailed below -
It is not permitted:
To live stream school plays over the Internet, (unless the relevant royalties have been paid)
To record school plays and post the video on Social Media or other internet platforms with the exception of the school's website
To store school plays on a data medium (CD, DVD, USB pen drive etc.) and then sell them
To take money for entrance to school events (although voluntary donations are permissible)
IV. Music
1. The use of a song or music (CD, download, mp3, iTunes etc.) is only permitted if the song or music was purchased legally. The use of songs or music is permitted on condition that it is used solely for non-commercial or personal purposes. This includes use in class, or for an FIS-internal performance or presentation, for instance a dance presentation to parents.
The use of of songs or pieces of music that have not been purchased, but illegally downloaded on the Internet or copied, is strictly forbidden.
Even if a piece of music was properly purchased, it is not permitted to:
Use it outside of class, for example in public performances (e.g. at Worldfest or concerts outside FIS, except where the relevant royalties have been paid)
Create a digital copy of the Audio-CD and use this copy in class
Furthermore, it is not permitted:
To use pieces of music in videos, clips, presentations, slide shows etc. and to publish such material on the Internet
To use pieces of music in videos, clips, presentations, slide shows etc. and to present such material in the school (for example at school events, project week, prom etc)
To distribute, exchange or offer a digital copy for download
NOTE: No royalties are due on music from 70 years after the death of the composer. In the case of recordings, no royalties are due from 70 years after the recording was made.
2. Many musicians choose to release their songs under Creative Commons licenses, which give the legal right to use their music, for instance in videos. Creative Commons is a system, built upon current copyright law, that allows legal use of (some) music, movies, images, and other content — all for free. CC offers free copyright licenses that anyone can use (without a lawyer) to mark their creative work and to assign certain usage rights. Several sites offer music published under Creative Commons’ flexible copyright licenses. For example:
ccMixter
Free Music Archive
Jamendo
Magnatune
Simuze
BeatPick
CASH Music
SectionZ
Opsound
Podsafe Audio
Audio Farm
Internet Archive's Netlabels Collection
Music and songs released under a Creative Commons license may therefore be used in schools.
V. Pictures
The copyright laws of Germany govern the content and works published by others on the Internet. Any duplication, processing, distribution or any form of utilization beyond the scope of copyright law shall require the prior written consent of the author or authors in question. When using photographs, the photographer can demand to be mentioned as the author of the photograph unless other provisions have been made.
It is also important to note that posting self-made photos can inadvertently violate the personal rights of third parties in the photo. For that reason, FIS community members are obliged:
To only upload images that do not violate valid legal requirements (e.g. penal laws, legal regulations to protect minors) or the rights of third parties
Not to upload pictures by other photographers without permission
Not to upload pictures which infringe copyrights
To ask the pictured person for permission to upload the picture if this is not covered by the school enrollment contract
VI. Audio-Video-Files
Copies of audio and video files may be made for educational purposes only if reproduction rights have been purchased.
FIS may make single copies of works from an educational radio or TV program. These recordings must be used exclusively for educational purposes and must be erased at the latest by the end of the school year following the educational radio or TV program, unless the author has been properly compensated.
VII. Software
The copying of data processing software requires the permission of the copyright holder. Data processing software or essential parts thereof may not be copied. No copies of data processing software may be used for educational purposes, for examination use, or for personal use. Unless otherwise specified in the software licensing agreement, safety copies for such programs may not be made but must be purchased from the manufacturer. There are no exceptions to this law. Data processing software must not be copied by hand or by keying it into a computer in any form.