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Part 1 · Copyright  ›  Division 6 · Limitations on copyright through uses permitted by law › Section 53

Reproduction for private and other personal uses

(1) It is permitted for a natural person to make single copies of a work for private use on any medium, insofar as they neither directly nor indirectly serve commercial purposes, as long as no obviously unlawfully produced model or a model which has been unlawfully made available to the public is used for the copying. A person authorised to make copies may also have another person make such copies if no payment is received therefor, or if it involves copies on paper or a similar medium which have been effected by the use of any kind of photomechanical technique or by some other process having a similar effect.

(2) It is permitted to make single copies of a work or to have these made

1.  (repealed)

2.  for inclusion in a personal archive if and insofar as the reproduction is necessary for this purpose and one’s own personal copy of the work is used as the model from which the copy is made,

3.  for one’s own personal information concerning current affairs if the work was broadcast,

4.  for other personal use

a)  in the case of small parts of a released work or individual articles being released in newspapers or periodicals,

b)  in the case of a work which has been out of print for at least two years.

This only applies if, in addition,

1.  the reproduction is effected on paper or a similar medium by the use of any kind of photographic technique or by some other process having a similar effect or

2.  the use is exclusively analogue.

(3) (repealed)

(4) The reproduction of

a)  graphic recordings of musical works,

b)  a book or periodical, in the case of an essentially complete reproduction,

insofar as this does not occur by means of manual transcription, is only ever permitted with the rightholder’s consent or under the conditions of subsection (2) sentence 1 no. 2 or for personal use if the work has been out of print for at least two years.

(5) Subsections (1) and (2) sentence 1 nos. 2 to 4 do not apply to database works the elements of which are individually accessible by electronic means.

(6) The copies may neither be distributed nor communicated to the public. It is, however, permitted to lend lawfully produced copies of newspapers and out-of-commerce works, as well as those works in which no damaged or missing parts have been replaced by copies.

(7) The recording of public lectures, productions or performances of a work on video or audio recording mediums, the realisation of plans and drafts of artistic works and the reconstruction of architectural works are only ever permitted with the rightholder’s consent.

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