09-11-2026, 07:11 AM
I just wanted to point out that copyright isn't the issue here 
.
But yes: “Terms of Use” are relevant under corporate law. If Terms of Use have been signed or concluded by using a library, this must be examined.
However, a copyright infringement can (theoretically) constitute a criminal offense, and I think that’s the bigger problem—and that’s not the case with books that are several hundred years old.
The possible consequences of a violation of the terms of use are purely civil in nature: typically a cease-and-desist order (i.e., a warning letter), possibly damages (which would be difficult to quantify in the case of public domain material
), termination of the user agreement, or a ban from the premises.
That’s an important distinction!
However, German case law has not yet conclusively clarified whether terms of use can restrict the status of material as public domain at all. That is “still” the problem. In this case, it would be highly unlikely that a library would pursue a legal dispute if there were a very high risk of losing it.
But even a simple cease-and-desist order can cost a few hundred euros if you then shy away from the proceedings.
In that regard, it’s clear that if there were terms of use, they must be reviewed.
Interesting, and just as an aside: A third party who happened to find this material on the street may publish it without any problems; after all, it’s in the public domain, and that third party hasn’t accepted the terms of use. So, once again, the public domain applies.
But I’m not a lawyer; this isn’t legal advice, just the expression of an opinion—I really need to start adding that disclaimer now....
(P.S. Unauthorized photography may be prohibited, for example, especially if there is a risk of damage caused by a flash—in which case, a claim for damages might be considered.)
.But yes: “Terms of Use” are relevant under corporate law. If Terms of Use have been signed or concluded by using a library, this must be examined.
However, a copyright infringement can (theoretically) constitute a criminal offense, and I think that’s the bigger problem—and that’s not the case with books that are several hundred years old.
The possible consequences of a violation of the terms of use are purely civil in nature: typically a cease-and-desist order (i.e., a warning letter), possibly damages (which would be difficult to quantify in the case of public domain material
), termination of the user agreement, or a ban from the premises.That’s an important distinction!
However, German case law has not yet conclusively clarified whether terms of use can restrict the status of material as public domain at all. That is “still” the problem. In this case, it would be highly unlikely that a library would pursue a legal dispute if there were a very high risk of losing it.
But even a simple cease-and-desist order can cost a few hundred euros if you then shy away from the proceedings.
In that regard, it’s clear that if there were terms of use, they must be reviewed.
Interesting, and just as an aside: A third party who happened to find this material on the street may publish it without any problems; after all, it’s in the public domain, and that third party hasn’t accepted the terms of use. So, once again, the public domain applies.
But I’m not a lawyer; this isn’t legal advice, just the expression of an opinion—I really need to start adding that disclaimer now....
(P.S. Unauthorized photography may be prohibited, for example, especially if there is a risk of damage caused by a flash—in which case, a claim for damages might be considered.)
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