In its ruling of October 26, 2016, the Regional Court of Frankfurt am Main (case no.: 2-06 O 175/16) decided that a federal state can be held liable for a teacher’s copyright infringements.
The author has an official liability claim against the state. He successfully sued for damages in the amount of € 750, compensation for the warning costs incurred and injunctive relief.
Teacher commits copyright infringement on school website
Without first obtaining the necessary licenses, a teacher posted a cartoon by a well-known artist on the school’s website. The teacher was commissioned by the school to maintain the website. The purpose of the website is to advertise the attractiveness and advantages of the school.
The author of the cartoon subsequently took legal action against the state as the employing body.
Responsibility of the country for the teacher
The Regional Court of Frankfurt am Main dealt in detail with the issue of who can be held responsible: The state or the teacher?
According to § 839 BGB i.V.m. Art. 34 GG, there is the possibility of official liability. If a person breaches an official duty in the exercise of an office entrusted to them, the state is generally liable and not the civil servant themselves.
The breach of official duty can also consist of a breach of copyright regulations and lead to a claim for damages, § 97 para. 2 UrhG i.V.m. § Section 839 BGB, Art. 34 GG.
If the school commissions a teacher to maintain a website, the teacher is acting in the performance of his or her public duties. This is because the performance of his or her duties goes beyond teaching activities and encompasses the entire operation of the school, including the operation of the website.
If the teacher also acts unlawfully and culpably, there is nothing to prevent a claim for damages against the state on the grounds of official liability.
No exception to copyright law
In connection with this ruling, the Regional Court once again emphasizes that the copyright regulations apply to everyone. No exception can be made for the public sector.
In this context, the claim for damages is interesting for the author. For the state, however, the claim for injunctive relief with a penalty clause can be much more painful. The state must be careful that the cartoon is not used again. The wording of the cease-and-desist declaration should be carefully considered and not be too comprehensive.
As an aside: Teachers should watch out for copyright infringements
The use of third-party works has always entailed a number of obligations for the user. In principle, it is necessary for the author to agree to the use of their work or to have legal permission to use it. If neither is the case, this leads to copyright claims under § 97 ff. UrhG.
Copyright attribution also plays an important role. This arises from Section 13 UrhG. The author derives the right to recognition of his authorship and the right to be named.
Even the copyright restriction on making works available to the public for teaching and research purposes (Section 52a UrhG) does not change the fact that copyright obligations also apply to teachers.
[Update] OLG Frankfurt a.M. confirms judgment of first instance
In its ruling of May 9, 2017, the Higher Regional Court of Frankfurt a.M. confirmed the judgment of the Regional Court (case no.: 11 U 153/16). In its opinion, the state is also liable for the copyright infringements of its teachers, Section 99 UrhG. The content design of a homepage falls within the scope of the state’s educational mandate. In contrast, the municipal school authorities are responsible for the spatial and material equipment of the school buildings. The copyright infringement that took place in a school environment alone justifies the presumption of repetition for similar infringements that also take place in a school environment, but not infringements in all authorities of the defendant state.