This translation is only for general information and must not be used in connection with any legal matters. Only the original German version is legally binding.
According to § 5 para.1 in conjunction with § 79 para.2 No. 1, 107 para.3 Thüringer Hochschulgesetz (ThürHG, Thuringian University Law) in the version released on 24 June 2003 (GVBl. page 325), Technische Universität Ilmenau issues the following user rules of the University Library. The Senate of Technische Universität Ilmenau agreed on the user rules on 6 April 2004, which were submitted to the Thuringian Ministry of Science, Research and Arts in a letter dated 3 May 2004.
Last amended on 18 January 2019 (Verkündungsblatt) (Official Journal)
§ 1 Tasks and Services of Ilmenau University Library
§ 2 Legal character of user conditions
§ 3 Opening hours
§ 4 Recognition of the user rules
§ 5 Admission to use and borrowing services
§ 6 End of formal admission
§ 7 Exclusion from use of the library
§ 8 Behavior in the library
§ 9 Checks, lost items, rules of conduct
§ 10 Using the open-access section
§ 11 Use of manuscripts and special collections
§ 12 Access to the library stacks
§ 13 General borrowing regulations
§ 14 Automated loan booking
§ 15 Loan periods, extensions, return notifications, charges for the return of media
§ 16 Returns and reminders
§ 17 Reserves
§ 18 Growing interlibrary loans
§ 19 Lending interlibrary loan system
§ 20 Document delivery
21 Use of computer workstations and digital information services
§ 22 Customized searches
§ 23 Copies and copying
§ 24 Special locations
§ 25 The user’s duty of care and liability for damages
§ 26 Liability of the library
§ 27 Fees, costs and expenses
§ 28 Exemptions
§ 29 Supplement to the user rules and regulations
§ 30 Data protection
§ 31 Equality clause
§ 32 Coming into effect
(1) The Universitätsbibliothek Ilmenau (library) is a public, scientific library and serves primarily the needs of research work, teaching and learning at Technische Universität Ilmenau. Furthermore, it also serves other fields of scientific work, training and personal and professional information.
(2) The tasks of the library include
(3) The use of the library is subject to its user rules.
(1) In agreement with the academic advisors appointed by the departments and the university management, the library management specifies opening hours published by posting or any other suitable way.
(2) Due to specific reasons, the library might be closed completely or partially at short notice. If such circumstances occur, users are informed by posting the information or any other suitable way.
When entering the library, the user recognizes the user rules which are available to the public.
(1) Everybody is authorized to generally use the library services. In case of important reasons, admission to the library can be refused or withdrawn.
(2) Children below the age of 14 are only admitted in the library when accompanied by an adult.
(3) A formal admission is required for borrowing media and the use of special digital services.
a. All libraries affiliated with the inter-library loan services are considered authorized permanently German and international libraries.
b. All members of Thuringian universities submitting a written application are admitted.
c. Upon written application, individuals and legal entities, authorities, institutions and companies resident in the Federal Republic of Germany can be admitted.
(4) The application for admission is to be submitted personally and in writing, presenting a valid ID card or passport. When the residence does not appear in these documents, an official registration certificate stating that the person is domiciled in the European Union has to be submitted additionally. The certificate may not be presented more than six months after its date of issue. Furthermore, the following requirements have to be observed:
a. Members of Thuringian universities present their staff ID, and students their student card (THOSKA card),
b. Underage persons starting from the age of 14 submit the written approval of the legal representative, who is, at the same time, obliged to meet all liability claims based on the user regulations and terms through assumption of directly enforceable guarantee.
(5) Legal entities, authorities, institutions, associations, private societies and companies can be admitted on request. The submitted application must be stamped and signed by the legal representative. Up to three certified signatures of authorized representatives, who have power of representation vis-a-vis the library, are to be submitted together with the application. In case of withdrawal of the authorization, the library has to be informed. The authorization is to be renewed annually.
(6) The library is to be informed in writing about changes in personal details (e.g. surname or address). A person who does not meet these obligations will have to bear the arising costs.
(7) The formal admission is limited in time and starts with the handing over or activation of the library card, and its validity can be prolonged on request. The library card cannot be transferred to any other person, has to be submitted with each borrowing, remains the library’s property and has to be kept in a safe place (loss of the library card see § 25 para. 5).
a. With the expired validity of the library card,
b. for members of Thuringian universities with the end of their membership in the universities.
(2) Every user is obliged to return all borrowed media and the library card at the end of the user relationship. Outstanding liabilities to the library are to be settled.
(1) A person who violates the general rules of use or the regulations of the library repeatedly or severely can be excluded from the use of the library temporarily or permanently, partially or entirely. The same applies in the event of unacceptability of the continuation of the relationship of use. All liabilities resulting from the relation of use remain unchanged after the exclusion.
(2) In case of particularly serious violation, the library is entitled to inform other libraries about the exclusion and the reason for this step.
(1) Each user has to show best consideration to other users of the library, must not interfere with the library services and operations and has to observe rules and regulations of the library and its staff.
(2) Outerwear, e.g. coats, raincoats, jackets, parkas etc., hats, umbrellas and bags and the like must not be brought in the open-access section of the library. Bag lockers and lockers for clothes can be used when staying at the library but have to be cleared the same day by the closing hour of the library at the latest.
(3) Users must remain quiet in all rooms of the library, especially the open-access section, and disturbing noise has to be avoided (talks, telephone conversations etc.). Eating and drinking are only permitted in designated areas; smoking is prohibited and animals are not permitted.
(4) Taking photos and filming are only allowed with prior approval of the library management.
(5) The use of voice recorders, data processing equipment and other devices can be restricted or prohibited by the library
(1) All carried items have to be shown at one's own initiative to the respective person when leaving the library. Furthermore, the library is authorized to have the user show the content of the carried briefcase, bag and similar containers and, in case of suspected misuse, to check the lockers.
(2) The library is entitled to clear lockers for clothes and bags if they have not been cleared in due time.
(3) Items found in the library or items from lockers for bags and clothes which have not been cleared in due time are considered lost items.
(4) An official document, e.g. ID card, library card, has to be submitted to library staff on request; this also refers to users with formal admission.
(5) In case of suspected misuse of computer workstations (see § 21), the library staff is authorized to carry out appropriate controls and measures.
(6) The library management and persons authorized by the management enforce the rules of conduct.
(1) If technically possible, all media displayed, positioned and provided in the open-access section can be used in situ without asking deliberately for borrowing. When leaving the library, the media used in the open-access section are to be placed at the designated place close to the location of the items.
(2) The media and holdings of the library should be used preferably in areas where they are displayed, positioned or provided.
(3) Workstations must not be pre-occupied and media provided in the open-access section not reserved for later use. A person leaving his/her workstation for a longer period of time must clear this place completely, unless this workstation was allocated as a permanent workstation by the library. Otherwise, occupied and not used workstations can be cleared by the library staff and so prepared for other users. There are special rules and regulations for the use of computer workstations. (see § 21)
(4) Media displayed and provided at the information desk can be obtained in exchange for a library card.
(5) All media kept in the library’s stack rooms can be ordered for use in the library- except for special regulations – and theses media are provided in exchange for the library card. There is no notification of the ordered media provision for the user. The borrowed media have to be returned to the circulation desk before the closing of the library at the latest.
(1) The use of manuscripts, personal papers and other valuable materials is limited to academic purposes, and these media are only ready for use and available in the rooms of the library.
(2) Due to conservational and legal reasons, the use of these manuscripts, special documents etc. can be subject to special conditions.
(3) The library management has to be informed in writing and asked for permission in any case of intended publication or image format of manuscripts of the library (§ 28 para. 1). In the interest of the ongoing documentation and information, the user is obliged to submit a copy or special print of publications referring to library stocks to the library free of charge.
(1) The library holdings can be borrowed for use outside the library if there are no restrictions on their borrowing.
(2) In general, the following media and stocks are excluded from borrowing:
a. all media marked as reference holdings in the open-access section,
b. stocks of special sites, e.g. in departments, institutes etc. (see § 24),
c. media of special material and/or sentimental value and especially those older than 100 years,
d. loose-leaf documents, standards, technical regulations and other editions consisting of individual sheets,
e. unbound media , single issues of unbound magazines, journals and newspapers and microforms (microfilms, microfiches), electronic media provided online.
(3) The library is entitled to exclude further stocks from borrowing or to restrict borrowing, especially due to their conservation status, legal provisions or legitimate interests of third parties. Frequently requested media can be excluded from borrowing temporarily or made available with a reduced lending period.
(4) The general borrowing regulations (i.e. duration of the granted loan period, number of loan period extensions per medium, number of media borrowable per user, number of pre-registrations per user and medium, reminder procedure) are determined by mutual agreement between the library and the academic advisors from the departments and are published in the library instructions for use.
(5) The automated loan booking is regarded as proof of the delivery of the media. From the booking date to the return of the borrowed property, the borrower is liable.
(6) Further lending to third parties is prohibited.
(7) The library is entitled to deliver media to any person submitting a valid library card. Furthermore, it is entitled but not obliged to check the user’s identity. The user can appoint a proxy. In case of suspicion about misuse, the library card can be withheld.
(8) Carrying not properly borrowed media of the library is reported to the police authorities with no effect on further measures.
(1) The user takes the borrowable media from the shelves in the open-access section and submits them to automated loan booking. Media ordered from the library stacks can be collected from the loans counter.
(2) The valid library card is to be submitted for automated loan booking.
(1) With no effect on other regulations, the loan period complies with the currently prevailing loan policies of the library (§ 13 para. 4).
(2) With no effect on special loan conditions, one of the following conditions leads to blocking the loan procedure so that there are no activities on the user account possible, i.e. even no loan period extension:
a. expiry of the borrowing privileges,
b. exceeding the max. allowed amount in the receivables account,
c. highest dunning level for at least one medium borrowed.
(3) In general, extensions of the loan period are executed by the user in his/her user account. Computer workstations are available for these purposes. If procurable and only in exceptional cases, the loan period is extended by library staff.
(4) In case media are needed for a longer period exceeding the loan period, they are to be submitted in the library and the user borrows them again.
(5) The library may ask for returning media before the expiry of the loan period due to important reasons, especially when the media are required for official reasons (e.g. revision).
(1) Borrowed media have to be returned without being asked and with no effect on other regulations of these Library Regulations by the end of the expiry date of the lending period. The library provides return receipts on request. These electronically prepared receipts are valid without signature.
(2) The user shall ensure that the borrowed media are turned in due course even if he/she is not able to return them personally.
(3) In exceptional duly justified cases, borrowed media can be returned by post. A return receipt is only provided when a stamped addressed envelope is enclosed. The user bears the risk of dispatch.
(4) When borrowed media are not returned timely, the user receives a reminder by post or is reminded electronically and a deadline is set.
(5) Reminders are subject to charges which arise with posting the reminder.
(6) As long as the borrower does not meet the request to return media or to pay the fees due, the library can refuse to lend any media and to extend any loan period.
(7) When borrowed media are not returned with the last reminder within the period stipulated, the library can do the following:
a. purchase a replacement at the borrower’s expense,
b. demand reimbursement of the value or
c. refer to other means of administrative constraints. These measures are subject to fee and reimbursement.
(8) In case of short loan, the library can ask for late charges for a delayed return to the amount of overdue fines (see § 27 para. 2) of the first dunning level per medium and calendar day. A written reminder is not required.
(1) Borrowed media can be reserved by other users. When these media return to the library, they are mentioned in the account of the user who has reserved the media in question, which are then available for collection for an appropriate period.
(2) The library can limit the number of reserves per media unit and per user.
(3) Due to important reasons, the library itself can reserve media, cancel already existing reservations or reset them. The users affected are informed.
(1) Media required for scientific purposes and which are not available in either the University Library or any other public library on the spot may be ordered fee-based with other libraries with the assistance of the University Library through the German or international interlibrary loan system (interlibrary loan request). The media in question are borrowed according to the provisions of the respectively applicable regulations on interlibrary loan of German libraries and the appropriate international agreements.
(2) The user places an order for an interlibrary request electronically or typewritten using a borrowing slip. Precise bibliographical citations are required.
(3) The use of media provided by interlibrary loan is subject to specific conditions and terms of the lending library as well as the provisions of the rules and regulations mentioned here. Applications for extension of the loan period and special permissions have to be submitted in due time before the expiry of the loan period.
(4) Media which are provided by interlibrary loan are only to be used in the rooms of the University Library.
(5) Media which were not collected are returned to the lending library after the expiry of the loan period or on request of the lending library. Provided copies are kept for a reasonable period of time.
(6) The orderer of media also has to pay the interlibrary loan fee when his/her request has not been met due to reasons the library is not responsible for. In addition, he/she is liable to pay any further charges, fees or other expenses arising by interlibrary loan requests, such as fees for copies which are charged by the lending library.
(1) The University Library provides its holdings for external loan according to the provisions of the respectively applicable regulations on interlibrary loan and the provisions of the rules and regulations mentioned here.
(2) Reference holdings are not subject to interlibrary loan services.
(3) The library can attach conditions to the borrowing procedure in the interlibrary loan system, e.g. limited loan periods, using the reading rooms or copy prohibition.
The library offers – within its possibilities – services in the field of document delivery and supports users using third-party services in this field.
(1) The library provides computer workstations, which must not be used for other purposes, i.e. all things hampering the work and mission of the library, breaking the law or violating social standards. In case of strong demand, the use of computer workstations can be limited in time.
(2) Instructions for using the computers, databases and Internet services are to be adhered to. License terms and copyright regulations are to be fulfilled. It is prohibited to change system settings, network configurations and the software.
(3) The user is liable for damages arising for the library and caused by unauthorized tampering or any other unauthorized use of the devices and media. Defects identified before or while using devices are to be reported promptly to the library staff.
(4) Additionally to the user rules and regulations of the library, relevant provisions of the University Computer Center apply.
When the library staff carries out bibliographic services, documentation and other information services or searches in local and external bibliographical and factual databases on the user’s behalf, the user has to pay the fee for the search itself and the fees and other expenses arising when searching. Compiling bibliographies is not among the tasks of the library.
(1) It is permitted to copy from the media of the library or to have copies made, which also refers to media provided by interlibrary loan.
(2) The library may limit or prohibit copying valuable manuscripts, documents or scriptures or documents which require special care.
(3) On written request, the library produces fee- required copies of media as ordered by the user when personnel-wise possible and the state and the conditions of the documents allow this step.
(4) The users are personally responsible for observing the provisions of copyright and personality law and other rights of third parties when copying or using copies.
The library can set up special locations providing its media for supporting research work and education, i.e. reference collections for professors and course material collections for lectures, seminars etc. at Technische Universität Ilmenau. Set-up and use of the special locations are subject to particular rules and regulations.
(1) All media, equipment and furnishings are to be used with utmost care and must not be damaged. Entries of any kind, marking and correction of mistakes and creases of pages, charts, panels and maps are considered damages.
(2) The user is asked to check the media thoroughly on completeness and faultless condition when collecting them and to report any existing damages to the library staff. Not immediately obvious damages are also to be reported.
(3) A user who loses or damages media, equipment or other working materials must inform the library about the incident in writing immediately and is liable and must pay compensation. When the user exceeds the loan period, he/she is liable for the loss or damages of the borrowed media, even if he/she is not at fault.
(4) The library defines the amount and kind of compensation based on dutiful estimation and sets a deadline for either re-establishing the situation applying previously or procuring a full substitution or paying for the damages. The library itself may carry out repairs or purchase a replacement copy or reproduction.
(5) The user must inform the library about the loss or the missing of the library card at once, but no later than the beginning of the opening time on the next working day so that the library card can be blocked for being used by third parties for borrowing media. When the user applies for a new library card within a year after reporting the loss, he/she has to pay a fee for this new library card.
(6) The user is liable for the damages which arise for the library due to the loss or misuse of the library card, up to the time the library receives the user’s report of the loss. After issuing the new library card, the old library card is no longer valid.
In the scope of its services the library is only liable in cases of willful intent and gross negligence.
(1) The general use of the library is free of charge.
(2) Administrative expenses (fees and costs) are charged for official acts and expenditures of the University Library according to relevant cost catalogue in the Annex to these Regulations.. It is part of the Regulations.
(3) Library claims which are not met at due date are claimed according to relevant administrative rules and, if necessary, recovered.
(1) The following aspects do not comply with the user rules and regulations:
a. the display of media of the library and their borrowing,
b. the borrowing and use of library stocks for reprints, edition or facsimile edition of manuscripts, scripts or rare books, old maps, plans and graphics,
c. the production and publication of photos and other copies for commercial purposes and their borrowing.
(2) At its own discretion, the library management can enter a special agreement in cases mentioned above and others which are not subject to the user rules and regulations.
(3) The library management decides on exceptions on request.
The library management is entitled to issue and publish executive regulations in relation to these user rules and regulations.
(1) The Library is entitled to process personal data to the extent necessary for the performance of its tasks and duties. Furthermore, it is entitled to process personal data of other fields of the university for evaluation or improvement of its services as far as this is necessary and not possible in anonymous form.
(2) Information as to who has borrowed which media is only provided when the borrower agrees in writing to the procedure.
(3) The user is responsible for the protection of his/her data when working at a computer workstation; therefore, the user is obliged to close programs and files when leaving the workstation.
All status and function descriptions in these regulations apply equally to men and women.
These user rules and regulations come into effect the first day of their publication in the following month. At the same time the user rules and regulations are valid as published in Bibliotheksmitteilung No. 7/1997.
Ilmenau, 06 April 2004
Univ. Prof. Dr.-Ing. habil. Heinrich Kern