FairUseRegelung

FairUseRegelung is a concept derived from the English doctrine of fair use, adapted within the German legal context to address the limitations of copyright law. The term combines "Fair Use" with "Regelung" (German for regulation) and is used in academic, governmental and industry discussions to refer to potential statutory or judicial limitations on copyright that allow for the use of copyrighted material without explicit permission under specific circumstances.

German copyright law, grounded in § 2 Urheberrechtsgesetz, generally requires authorial permission for the use of protected works. However, jurisprudence has identified several narrow exceptions, such as quotation (§ Einzelthema), news reporting (§ Pressefreiheit), and education (§ Schulunterricht). The FairUseRegelung proposal seeks to broaden these exceptions, proposing a framework that balances the rights of authors with societal interests in information access, cultural exchange, and academic scrutiny.

Key arguments in favor of FairUseRegelung include increased support for research, digital archiving, and creative remix culture, especially in the context of the European Union's cross-border digital environment. Critics argue that a broader doctrine could undermine authors’ economic incentives and lead to legal uncertainty. Several countries, notably the United States and the United Kingdom, maintain well-defined fair use and fair dealing provisions, while Germany continues to rely on the more narrowly drawn statutory exceptions.

In practice, the FairUseRegelung is not yet codified in German law. It remains a legislative and policy proposal discussed in the German Parliament, European Union debates, and by rights organizations. Ongoing litigation and European Court of Justice rulings influence its evolution, highlighting the tension between copyright protection and the public interest in the free flow of information.