In short. German law protects specified online uses of press publications while excluding facts, hyperlinks, certain individual uses and very short extracts.

Definition: German press publishers' rights are rights under Sections 87f to 87k of Germany's Copyright Act over the reproduction and making available of press publications for online use by qualifying service providers. The Act excludes facts, certain individual uses, hyperlinks, individual words and very short extracts.

Key facts

Section 87f defines press publications through their journalistic content, periodic publication and editorial responsibility.
Section 87g covers whole publications and parts, with express exclusions for specified uses.
Section 87i applies the Act's statutory permitted uses to this right.
Section 87j sets a two-year term, calculated under Section 69.
Section 87k gives authors and other contributing rightholders an equitable revenue share, generally at least one third.

What publications and online uses qualify?

As of 17 October 2026, Section 87f defines a press publication as a collection mainly comprising journalistic written works. It forms an individual item within a periodical or regularly updated publication under a single title, such as a newspaper or magazine. It informs the public about news or other topics and appears under a publisher's initiative, editorial responsibility and supervision. Scientific or academic periodicals are excluded.

The provision refers to the definition of information society services in Directive (EU) 2015/1535, Article 1(1)(b): services normally provided for remuneration, at a distance, electronically and at an individual recipient's request. For online use by providers of those services, Section 87g(1) grants the exclusive rights to reproduce the publication and make it available to the public, in whole or in part.

Which uses are excluded?

Section 87g(2) expressly excludes the use of facts contained in a press publication. It also excludes private or non-commercial use by individual users, creating hyperlinks to the publication, and using individual words or very short extracts.

The exact German wording of the extract exclusion is:

die Nutzung einzelner Wörter oder sehr kurzer Auszüge aus einer Presseveröffentlichung.

Section 87g provides no numerical word or character limit for a very short extract. For a website displaying press material, the distinction between a hyperlink and reproduced text therefore matters: the provision names hyperlinking and extracts separately.

How do other rights and permitted uses fit?

Section 87h preserves the position of authors and other rightholders whose contributions appear in a publication. Publishers cannot assert their rights to those contributors' detriment. Where a contribution appears under a non-exclusive licence, the publisher's right cannot prohibit another party's authorised use of it. It also cannot prohibit use of included material whose protection has expired.

Section 87i makes Part 1, Division 6 applicable. This includes Section 51, which permits quotation of a published work where the extent of use is justified by the particular quotation purpose.

It also includes Section 44b on text and data mining, meaning automated analysis of digital or digitised works to obtain information. That provision permits copies of lawfully accessible works subject to a rightholder's reservation; for online works, the reservation must be machine-readable. Copies must be deleted when no longer needed for mining. The provision concerns mining copies, while Section 87g also addresses making publications available to the public.

How long does protection last, and who shares the income?

Section 87j sets the term at two years after first publication. Under Section 69, calculation begins at the end of the calendar year containing the relevant event.

Section 87k allocates an equitable share of income from exercising the publisher's rights to contributing authors and other rightholders, at least one third. A less favourable arrangement requires an agreement based on joint remuneration rules or a collective agreement. Only a collecting society can assert the participation claim.

FAQ

Can you link to a press article under this right?

Section 87g(2) excludes creating hyperlinks to a press publication from the publisher's rights. Reproducing accompanying article text involves the separate exclusions and permitted uses described above.

Does a publisher's licence settle rights in every contribution?

Section 87h preserves the rights of contributing authors and other rightholders. The scope of their permissions remains relevant when reusing material contained in the publication.

Sources

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