Markus Beckedahl, blogger, digital rights activist and one of the representatives of Creative Commons Germany, inspired a raging controversy within the German blogosphere with the following simple statement:

“Anyone, who actively uses the Internet and shows media literacy, constantly infringes copyright.”
(German original: “Jeder, der das Internet aktiv nutzt und Medienkompetenz zeigt, begeht die ganze Zeit Urheberrechtsverletzungen.”)

David Ziegelmayer, lawyer at CMS Hasche Sigle, immediately cast doubt whether Beckedahl were serious and admits to be swept off his feet by that statement. He claims that, on the contrary, uneducated users are responsible for copyright infringments such as unauthorized copying of pictures and texts, not the media literate ones.

Simon Möller, law blogger at Telemedicus, however supports Beckedahl’s claim and gives the following five examples:

1. Commented links in blogs: the media literate blogger copies passages of texts, includes the links and a short comment. such a behavior is not covered by the citation exemption of copyright due to the unqeual ratio between cited text and comment.
2. Embedding videos in blogs, since this would often require a license.
3. Using ID pictures:  the rights for publishing ID pictures online is normally not acquired from the photographer.
4. Unclear terms in open content licenses such as, for example, the Creative Commons NonCommercial clause (see also “Standardizing via Polling” on this blog).
5. Using cloud services, which are not necessarily covered by extant copyright exemptions, at least in Europe. Read the rest of this entry »