5.2.2-10 May an archive collect newspaper articles on particular topics and make them available to users (in analogue and digital form)? And when does this use fall under Joint Tariff 7?


Yes, an archive may collect newspaper articles when it can either invoke private use for educational purposes or professional use.

The archive can refer to private use for educational purposes (Art. 19 para. 1(a) CopA) or JT 7 when it is a part of an educational institution. In this case, the archive can make the newspaper article collection available in analogue as well as in digital form to the members of the educational institution concerned. NB: the collection must be put online on a password-protected platform; it may not be made freely available on the Internet.

The archive can refer to professional use for internal information and documentation (Art. 19 para. 1(c) CopA). It can also make the collection available in analogue or digital form; however, only internally for its employees’ use.In both cases of private use, complete newspaper articles may be copied, unless a particular article has not appeared in a magazine and can only be purchased in single copies online. Then this individual article is considered to be a sales unit and may only be copied incompletely pursuant to Art. 19 para. 3(a).