In short. Germany permits copies of lawfully accessible works for text and data mining under Section 44b, subject to effective rights reservations and deletion when no longer needed.
Definition: Section 44b of Germany's Copyright Act defines text and data mining as automated analysis of digital or digitised works to obtain information. As of 17 October 2026, it permits copies of lawfully accessible works for mining, subject to rights reservations and deletion requirements.
Key facts
- Section 44b(2) and (3) permit mining copies where access is lawful and the rights holder has made no effective reservation; copies must be deleted when no longer necessary for mining.
- The government's explanatory memorandum describes the general exception as unrestricted by the category of beneficiary or purpose, which includes commercial mining.
- Article 4 of Directive (EU) 2019/790 provides the European framework for the general mining exception and expressly preserves the separate scientific research exception.
- Section 60d permits scientific research mining by eligible research organisations, cultural heritage institutions and individual researchers pursuing non-commercial purposes.
What access and copying does Section 44b cover?
Mining concerns analysis to obtain information, including patterns, trends and correlations. Under Section 44b, the permission concerns reproductions of works that are lawfully accessible. The deletion duty is tied to whether those copies remain necessary for mining.
The government's explanation of the provision gives freely accessible internet works and licensed access to digital content as examples of lawful access. It also explains that the mining purpose excludes operations aimed solely at collecting and storing content to create parallel digital archives. For a business analysing web content, lawful access and the analytical purpose therefore remain separate conditions to assess.
How does a website reserve mining rights?
A reservation is a rights holder's express statement retaining control over the mining use otherwise covered by the exception. Section 44b(3) makes machine readability a condition for an effective reservation concerning online works. Its exact wording is:
Ein Nutzungsvorbehalt bei online zugänglichen Werken ist nur dann wirksam, wenn er in maschinenlesbarer Form erfolgt.
This means that a reservation for online works is effective only when made in machine-readable form. The government memorandum explains that a reservation can appear in the website's legal notice or general terms, provided it is machine-readable there too. For content accessible offline, the memorandum allows other forms of reservation.
Recital 18 of the EU directive likewise names metadata and website or service terms within its discussion of machine-readable reservations. The memorandum explains that the reservation allows the rights holder to withhold reliance on the general statutory permission and permit the same use through licensing.
How does scientific research differ?
Section 60d refers to the mining definition and lawful-access requirement in Section 44b. Eligible research organisations must pursue non-commercial purposes, reinvest all profits in scientific research, or operate under a state-recognised public-interest mission. An organisation is excluded where a collaborating private company has both decisive influence and preferential access to research results.
The same section also covers publicly accessible libraries and museums, archives, film or audio heritage institutions, and individual non-commercial researchers. Its retention rule allows eligible organisations and cultural heritage institutions to keep necessary research copies with safeguards against unauthorised use. The explanatory memorandum expressly places scientific research mining under Section 60d outside the reservation power in Section 44b(3).
Related terms
- Text and data mining opt-out (EU)
- Lawful access for text and data mining
- Research text and data mining exception
- TDM Reservation Protocol
FAQ
Can a business use the general mining exception?
Yes. The government's memorandum on Section 44b describes an exception without restrictions on beneficiaries or purpose. A commercial user still needs lawful access and must meet the reservation and deletion conditions in Section 44b.
Can you place a reservation in website terms?
Yes. The government's memorandum allows this placement if the reservation is machine-readable. Section 44b(3) requires that form for online works.
Does a reservation exclude eligible scientific research mining?
The government's memorandum expressly excludes mining under Section 60d from the reservation power. Section 60d supplies its own eligibility and research conditions.
Sources
- Gesetze im Internet, "Urheberrechtsgesetz, Section 44b: Text und Data Mining", current text accessed 17 October 2026
- Deutscher Bundestag, "Drucksache 19/27426: Entwurf eines Gesetzes zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes", 9 March 2021
- European Parliament and Council, "Directive (EU) 2019/790", 17 April 2019
- Gesetze im Internet, "Urheberrechtsgesetz, Section 60d: Text und Data Mining für Zwecke der wissenschaftlichen Forschung", current text accessed 17 October 2026
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