The Ilmenau University Archives are the public archive responsible for the Technische Universität Ilmenau and its legal predecessors. According to § 4 of the Archive Regulations, it is legally responsible for the collection, acquisition, evaluation, indexing, storage and utilisation of official documents and official documents of the Ilmenau University of Technology that have been assessed as being of archival value (Regulations on the Preservation and Use of University Archive Material - Archive Regulations - of 08. February 2022, in: Verkündungsbl. der Technischen Universität Ilmenau of 08 February 2022) in conjunction with Section 7 of the Thuringian Archive Act (Thüringisches Archivgesetz - ThürArchivG of 29 June 2018, in: GVBl 2018, 308). Official records are understood to be all data created in the course of fulfilling official duties and on behalf of the university (§ 3 para. 3 Archive Regulations). Thus, the web presence of the TU Ilmenau, which consists of a large number of websites, also falls under the term "records" and web archiving is part of the legal mandate of the University Archives.
From a copyright point of view, web archiving is a complex process. Since the archives of the TU Ilmenau is a public archive that does not pursue commercial purposes but serves research in the scientific and general public interest, it is subject to the provisions of Sections 60f and 60e of the Copyright Act (Copyright Act of 9 September 1965, in: BGBl. I p. 1273, last amended by Article 25 of the Act of 23 June 2021, in: BGBl. I p. 1858). The web presence of the TU Ilmenau is a conglomerate of official information and content with low and high protection requirements in the sense of copyright law. While official information is not subject to copyright protection (§ 5 UrhG), contributions, images, videos, etc. have a work character worthy of protection within the meaning of § 2 UrhG. However, it can be assumed that the rights of use of all information presented on the web pages of the TU Ilmenau and created in the employment relationship have been tacitly transferred to the TU Ilmenau as obligatory works (Section 43 UrhG in conjunction with Section 31 (5) UrhG).
§ Section 60e (1) UrhG allows archives to reproduce copyrighted works in the interest of preservation and usability and to technically modify them for long-term preservation. For making protected works available to the public, copyright law provides a terminal regulation for archives (Section 60e (4) UrhG). Since the Ilmenau University Archives would not be able to fulfil its legal mandate of archiving and making usable official documents of the TU Ilmenau without the implied transfer of the rights of use (not the copyrights!), the unrestricted making accessible of the web presence of the TU Ilmenau is carried out under the assumption that it is the holder of the simple rights of use for the contents presented there.
The Ilmenau University Archives are aware that the procedure of making content publicly available that was already accessible to everyone and the implied transfer of rights of use through the transfer to the archive is not conclusively regulated in legal terms. The legal mandate of the university archive, which acts in the public interest, as well as the articulated interest of university departments in releasing the web archive to the public, has prompted the archive to take this step. Should significant legal concerns arise against this release, the archive will reconsider this step.
Web resources of third parties, i.e. student associations etc., do not fall under this assumption. Here, an explicit and written legal transfer of the rights of use is required. The archiving of the data of the Twitter account and the Facebook account of the TU Ilmenau takes place through the annual takeover of the data archive. This will be made accessible at the archive terminal in the future.