University Library
University Library

General Regulations of Use

For the libraries and documentation centers of Technische Universität Berlin and Berlin University of the Arts (of 21 August 2006)

See also Framework Fee Regulations

Pursuant to Section 61 (1), number 11 of the Berlin State Higher Education Act (BerlHG) in the version dated 13 February 2003 (GVBl. p. 630) last amended by the Berlin State University Medicine Act of 5 December 2005 (GVBl. p. 739-745), the Academic Senate of Technische Universität Berlin enacted the following Regulations of Use on 26 April 2006: (Confirmed by the Senate Department for Science, Research and Culture on 11 July 2006)

On the basis of Section 61 (1), number 11 of the Berlin State Higher Education Act (BerlHG) in the version of 13 February 2003, last amended by the Berlin State University Medicine Act of 5 December 2005 (GVBl. p. 739-745), the Academic Senate of Berlin University of the Arts adopted the following Regulations of Use for the University Library on 8 February 2006: (Confirmed by the Senate Department for Science, Research and Culture on 12 July 2006)

Preamble

The Academic Senate of Technische Universität Berlin and the Academic Senate of Berlin University of the Arts are aware that their statutory powers only apply to their own universities.

Given that Technische Universität Berlin and Berlin University of the Arts jointly operate a library in the “VOLKSWAGEN University Library” building and have agreed to adopt a unified approach to dealing with the customers of the library – codified in the “Agreement between the University Libraries of Technische Universität Berlin and Berlin University of the Arts regarding cooperation in the VOLKSWAGEN University Library” of 18 March 2004 – while still maintaining the organizational independence of the institutions, both institutions are named in tandem in the following Regulations of Use.

This is done with aim of publicly communicating this cooperation vis-à-vis third parties.

Section 1 Scope

These Regulations of Use apply to all libraries and documentation centers at Technische Universität Berlin as well as the University Library of Berlin University of the Arts (hereinafter referred to as: the Institutions).

Section 2 Purpose and Definition of Role

The Institutions are primarily intended for the studies, teaching, research and artistic development projects of the members of Technische Universität Berlin and Berlin University of the Arts. In addition, they are used for professional and scientific work, further education and training as well as other objective research.

Section 3 Fees

Fees are charged for the use of the Institutions, insofar as the current version of the Fee Regulations provides for this.

Section 4 Legal Relationship Between the Institutions and the User

  1. The relationship between the Institutions and the user is governed by public law.
  2. By entering the Institutions or using their services, the user accepts the Regulations of Use and Fee Regulations as well as the supplementary administrative guidelines or regulations in the currently applicable version

Section 5 Authorization of Use

  1. Users are only authorized to borrow items after registration.
  2. The following are granted authorization:
    1. Members of Technische Universität Berlin
    2. Members of Berlin University of the Arts
    3. Members of Berlin (Section 1, Subsection 2 BerlHG) and Brandenburg (Section 1, Subsection 2 BbgHG) universities and universities of applied sciences (FH).
  3. The following may be granted authorization:
    1. Adult natural persons and corporate entities who have their permanent residence or place of business in the Federal Republic of Germany
    2. Other individuals, on a case-by-case basis, following a written request by the directors of the Institutions providing evidence of a legitimate interest
  4. The prerequisite for authorization is membership of the group of authorized persons named in Subsections 2 and 3, as well as presentation of a valid official identity card or passport and, if applicable, a valid certificate of registration for the Federal Republic of Germany. The user must be able to conclusively prove their identity and place of residence in the Federal Republic of Germany. For corporate entities and minors, authorization can only be granted following submission of a written declaration by their legal representative – if necessary, on the library card – in which they assume any obligations that may arise from the user relationship, in particular the fee(s) owed and any liability for damages. The power of representation must be proven in a suitable form.
  5. Authorization can also be granted under certain conditions.
  6. The freely accessible media and information offerings of the Institutions can be used on site by any user without authorization, unless otherwise specified in the following or in the Fee Regulations.

Section 6 Library Cards

  1. TU student ID or employee ID with photo and the student ID of Berlin University of the Arts, as well as the library card issued by the Institutions can all be used as library cards. The period of validity of the library card is limited.
  2. In order to be able to issue and extend the validity period of the library card, the user must appear in person. The required documents must be submitted in the original.
  3. A library card is issued for corporate entities, which may only be used for professional or academic purposes. Here, the process of recognition pursuant to Section 5 (3), number 1 is carried out via a natural person holding power of attorney. The declaration of power of attorney must contain an acceptance of liability.
  4. The library card remains the property of the issuing institution. It must be returned upon deregistration.
  5. The issuing institution must be notified immediately and in person if the library card is lost and if the user’s name or address changes, if required by submitting official proof.
  6. The user under whose name the card is issued is liable for any damage caused by misuse of the card, unless they can prove that they are not at fault.
  7. The user is obliged to notify the Institutions immediately of any change to their status pursuant to Section 5, Subsections 2 and 3.

Section 7 Processing of Personal Data, Data Protection

  1. The Institutions collect and process personal data insofar as this is necessary to perform their tasks and provide their services. Said personal data is processed in compliance with the applicable legal regulations.
  2. The Institutions only disclose information on whether items have been borrowed and for how long, but not about the borrower.

Section 8 General Use Obligations

  1. The items, work equipment and furnishings are to be handled with care.
  2. Users are not permitted to mark or cross out sections in the items, to make notes in the margins or any other inscriptions, to trace cards or pictures, or to make any other changes to items and work equipment.
  3. When using the items and the information offered by the Institutions, users are responsible for complying with copyrights or other rights. This applies in particular to the use of the electronic and audiovisual media available and the use of reproduction services.
  4. The technical devices provided by the Institutions for using audiovisual media are intended exclusively for the use of resources from the holdings of the Institutions, university-owned resources as well as those obtained through interlibrary loan or document delivery. Other media brought by the user may not be used there.
  5. The general regulations and guidelines applicable in the participating universities must be observed when using the Institutions.

Section 9 Conduct Within the Library

  1. The user must refrain from doing anything that disrupts the orderly operation of the library.
  2. Users are to be considerate of each other. They must behave in the rooms of the Institutions in a manner that does not disturb others and that ensures an appropriate working environment for the purposes of study and research.
  3. Smoking is strictly prohibited in the library rooms. Bringing and consuming food and drinks of any kind is not permitted.
  4. The user is prohibited from making calls in the library.
  5. Study spaces may not be reserved. When leaving the library, study spaces must be cleared unless the user has been assigned a permanent study space there. Reserved spaces that are not being used can be cleared by the library staff.
  6. Before entering the library rooms, outerwear, umbrellas, folders, (laptop) bags and similar containers or items of clothing must be deposited in the available lockers. Users are not permitted to bring any means of transport with them unless it is necessary for health reasons.
  7. Bringing and using electrical or electronic devices or devices that cause interference is strictly prohibited. Such devices may be used in exceptional cases, but only in the areas within the library that are specially designated or intended for this purpose. The Institutions assume no liability for such devices brought by users.
  8. Regularly recurring classes may not be held on the premises of the Institutions. Exceptions that are directly related to the media set up or made available in the rooms of the Institutions are possible on a case-by-case basis.
  9. The instructions of the library staff must be followed. The library staff can carry out checks to ensure compliance with the Regulations of Use and Fee Regulations or supplementary administrative guidelines or regulations. In the event of violations, the library staff must be presented with the library card or an official form of identification upon request. The library staff is authorized to check the contents of bags or similar containers brought by users.
  10. Bringing animals of any kind into the library is not permitted.
  11. Within the framework of the agreements between Technische Universität Berlin and Berlin University of the Arts, special regulations can be issued to regulate individual issues.

Section 10 Loans

  1. A valid library card must be presented in the original for every loan.
  2. The library staff is entitled, but not obliged, to check whether the user is actually the owner of the library card presented. For this purpose, users may be requested to provide valid personal identification.
  3. Users borrowing items for their own personal use are only permitted to do so with their own library card. Using the library card of a third party to borrow items for said third party’s use is only permitted upon presentation of a corresponding power of attorney, which must be proven on request.
  4. Items from teaching material collections may only be borrowed by members of Technische Universität Berlin. Audiovisual media may only be borrowed by members of Berlin University of the Arts and members of institutions that are deemed equivalent to members of Berlin University of the Arts.
  5. The Institutions determine which items belong to the non-lending collection and which belong to the lending collection. Items that cannot be borrowed from the closed stacks can be ordered for viewing in the Open Access Area or the Special Materials Area.
  6. The Institutions can limit the number of items that can be borrowed per person. Borrowing multiple copies of the same item is not permitted.
  7. In the case of items that are not allowed to be stored freely accessible due to legal regulations, lending or viewing is only permitted if a professional or scientific purpose can be credibly demonstrated in writing.
  8. The user must inspect the item for damage and completeness when borrowing it. Any defects must be reported to the library staff immediately. If the user fails to carry out this inspection, it will be assumed that the item was handed over in an undamaged condition.
  9. Borrowed items may not be passed on to third parties or publicly reproduced. The user who has borrowed the item is responsible for ensuring compliance.
  10. Orchestra and loan material is loaned to the orchestras and ensembles of Berlin University of the Arts in compliance with the applicable copyright, publishing and editing rights. Individual orchestral parts can be made available to students of Berlin University of the Arts as part of their studies or in preparation for auditions.

Section 11 Loans for Exhibition Purposes

  1. Items are only released for exhibition purposes for scientific or cultural exhibitions at institutions that guarantee that the items will be handled properly and that the exhibition will be staged correctly.
  2. A written agreement must be concluded between the issuing institution and the institution organizing the exhibition, containing the terms of the loan and, if applicable, a fee.

Section 12 Reserves

  1. The user can usually reserve borrowed items.
  2. The user is obliged to check that the item matches the reserve upon collection.
  3. The Institutions determine the period for which reserved items are held for collection.
  4. The Institutions can limit the number of reserves placed on the same item and the number of reserves that are permitted per user.

Section 13 Loan periods

  1. The Institutions set loan periods and usage restrictions for individual items or item groups. Journals are generally not loaned.
  2. Each time an item is borrowed, the Institutions will mark it with a note that specifies the return date and give the user a due date slip.
  3. The Institutions are entitled to recall borrowed items from the borrower before the loan period has expired, without giving reasons. The general return of all items can be ordered for the purposes of inspection.

Section 14 Loan Renewals

  1. The loan period can be renewed if the borrowed item is not reserved or otherwise required.
  2. Before the loan period is renewed, the Institutions can request that the user present the borrowed item.
  3. The Institutions can limit the maximum number of loan renewals possible for the same item. Items from the teaching material collections of the TU library and audiovisual media from the library of Berlin University of the Arts are excluded from loan renewals.
  4. The use of options other than personal loan renewals on site is at the user’s own risk. The user must provide proof of this in any case.

Section 15 Special Loan Periods

  1. For university professors and academic staff, special loan periods can be agreed with the director of the respective Institution to which the item in question belongs. The item must be approved for a special loan period by the relevant subject librarian or the head of the special library.
  2. The item borrowed with special loan periods must be accessible and, if necessary, made available to other users at short notice for viewing or for the purpose of making copies. The borrower is not permitted to pass on the item to third parties.
  3. The number of items that can be borrowed in this way may be limited.

Section 16 Returns

  1. Users are to return borrowed items no later than the due date and without waiting to be prompted to do so. The items are to be returned to the location of the Institutions from which the items were borrowed.
  2. At the request of the user, the Institutions will issue a return receipt for the returned items. This receipt must be kept. Complaints about overdue notices will not be accepted without submission of a return receipt.
  3. If borrowed items are returned by post, they are recorded as returned on the date they are received by the library. The same applies to anonymous returns. A return receipt will not be issued in these cases. This risk is borne by the borrower.
  4. The borrowed item must be returned in perfect, proper condition. Sound and/or image carriers are to be fully rewound.
  5. The University Library must be notified immediately if any borrowed items are lost.

Section 17 Overdue Notices

  1. If the loan period is exceeded, overdue fees will be charged in accordance with the current version of the Fee Regulations. The overdue fees become due when the reminder letter is issued. The Institutions may voluntarily issue a preemptive reminder about the expiry of the loan period, but this is not a prerequisite for the overdue notice.
  2. Reminders to return borrowed items are deemed to have been delivered three days after being handed over to Deutsche Post or an equivalent company. They are also deemed to have been delivered if they were sent to the last address known to the library and returned as undeliverable. If an email address is provided, the first and second overdue notice can be sent electronically.
  3. If the user does not comply with the request to return borrowed items or does not pay the fees owed, they may be refused the right to loan further items or renew existing loans.
  4. This process is also initiated if lost items are not replaced by the deadline.

Section 18 Compulsory Administrative Proceedings

  1. If items are not returned despite a reminder being issued, they will be confiscated by way of compulsory administrative proceedings in accordance with the regulations of the Berlin State Administrative Enforcement Act in the currently applicable version.
  2. Any fees incurred, the costs of compulsory confiscation and the cost of replacing lost items are also collected through said compulsory administrative proceedings.

Section 19 Prohibition from Borrowing

  1. Users who repeatedly exceed the loan period, do not provide their current address, refuse to return borrowed items despite reminders, or fail to meet payment obligations in accordance with the current version of the Fee Regulations, can be temporarily or permanently prohibited from borrowing. Such a prohibition can also be imposed for another substantial reason. A ban on borrowing imposed by one Institution also applies to the other Institution. In individual cases, the Institutions may enforce restricted use subject to conditions.
  2. Any prohibition from borrowing imposed before these Regulations came into effect will continue to apply with the corresponding application of Subsection 1.

Section 20 Interlibrary Loans, Document Delivery

  1. Items that are not available at the universities can be obtained from the University Library of Technische Universität Berlin as part of the German or international interlibrary loan system. The corresponding regulations for interlibrary loans shall apply. The university libraries make their holdings available to other libraries as part of the interlibrary loan system.
  2. The number of orders that may be placed per user may be limited.
  3. The items procured through the interlibrary loan system are subject to any special conditions specified by the lending library. If no conditions are specified, the conditions of use of the Institutions shall apply.
  4. As a supplier library, the Institutions can engage in intramural, regional, national or international document delivery services.
  5. The Institutions store or transmit personal data insofar as this is necessary to carry out the interlibrary loan or document delivery.

Section 21 Lockers

The University Library of Technische Universität Berlin provides lockers for users. It assumes no liability for these lockers.

Section 22 Ban from Use

  1. If the user violates the General Regulations, Use or Fee Regulations or supplementary administrative guidelines or regulations and fails to follow the instructions of the library staff, they can be penalized by being temporarily or permanently banned from using the Institutions. The same applies to violations of generally applicable legal provisions, particularly those regarding criminal and administrative offenses on the premises of the Institutions.
  2. A ban of up to one month can be enforced by the directors of the Institutions either in writing or orally. The presidents of Technische Universität Berlin or Berlin University of the Arts must issue a written ban for the respective Institution if it is permanent or for longer than a month. A ban imposed by one Institution also applies to the other Institution. The provisions of the Berlin State Administrative Procedure Act in the currently applicable version shall apply accordingly to the implementation of a banning procedure.
  3. Measures (i.e. Hausverbot and Platzverweis) that prohibit individuals who are members of either Technische Universität Berlin or Berlin University of the Arts from entering the premises are enforced in accordance with the provisions of civil law.
  4. The regulations shall apply to corporate entities accordingly.
  5. The user’s obligations arising from their legal relationship with the Institutions remain unaffected by the prohibition.
  6. A prohibition can be lifted if the user has fulfilled their obligations and there is reason to believe that they will fulfill their obligations arising from this legal relationship in the future.
  7. Any ban from use that was imposed before these Regulations came into effect will continue to apply with the corresponding application of Subsections 1 - 6.

Section 23 Liability, Compensation, Copyright

  1. The user is liable to the Institutions for any damage or loss resulting from the use of said Institutions. The nature and scope of the compensation are based on the provisions of the German Civil Code. The user is prohibited from repairing damage to borrowed items themselves or having it repaired by a third party.
  2. In the event of damage to or loss of orchestral or loan material, the borrower is obliged to replace all of the material, if necessary.
  3. The user must comply with the provisions of copyright law or other commercial property rights. They have to indemnify the Institutions from third-party claims for damages, injunctive relief or any other kind of abusive or unlawful behavior on the part of the user.

Section 24 Exclusion of Liability

  1. The Institutions are only liable for damage caused by the behavior of their employees within the framework of the applicable laws.
  2. In particular, the Institutions are not liable for:
    • Damage caused to the user as a result of use,
    • Loss of or damage to objects that have been brought into their rooms,
    • Damage caused by improper, incomplete, unperformed or untimely services
    • The content of information sources to which they merely provide access
    • Damage caused by the resources of the Institutions to the property of the user or third parties,
    • Damage caused by the use of hardware, software or data carriers of the Institutions on corresponding end devices of the user or third parties,
    • Damage caused to the user’s data carriers or files through the use of the IT study spaces or the IT network of the Institutions.
  3. The Institutions do not guarantee that the technical and IT devices that they reserve for use will be available at all times and free of faults. They are not liable for any damage or loss of data as a result of technical malfunctions. Furthermore, they do not guarantee that third parties will not gain unauthorized access to the user’s data and devices via technical equipment.

Section 25 Reproduction, Edition, Facsimile

  1. The user can make reproductions (copies), editions or facsimiles of items of the Institutions or parts thereof within the framework of the applicable legal regulations. The original items must be kept in their original physical condition and may not be modified. If a modification is required, the prior written approval of the Institutions must be obtained.
  2. Reproductions of manuscripts or other special holdings as well as older, valuable or sensitive items may only be made by the Institutions themselves or with their consent. The Institutions determine the type of reproduction; they can prohibit a reproduction for reasons of conservation or other grounds. The Institutions reserve the right to make reproductions for the user for a fee or to have them made by third parties. Any rights arising from reproductions as well as the originals remain with the Institutions. The right of reproduction and use may not be transferred to third parties without the approval of the Institutions. Reproduction for commercial purposes or on a larger scale requires a written agreement that also determines the relevant consideration.
  3. For the production of an edition, a written agreement is required between the Institution to which the items belong and the producer of the edition, which regulates the conditions under which the items are loaned. In particular, this agreement will address the preservation of the original condition and the safety of the items in question. Furthermore, two free specimen copies or the corresponding monetary value are to be provided to the Institution.
  4. An agreement is also required for the production of a facsimile or a re-print. Subsection 3 shall apply accordingly. In addition, a reference to the issuing Institution must be placed on the back of the main title page of the facsimile or re-print.

Section 26 Photography and film recordings

Taking photos and videos inside the building is not permitted. The library directors shall decide, either orally or upon written request, whether a special permit may be granted on a case-by-case basis.

Section 27 Commencement

  1. These General Regulations of Use shall come into effect once they have been published in the official Gazette of Technische Universität Berlin. At the same time, the General Regulations of Use of Technische Universität Berlin dated 15 November 2000 shall expire.
  2. For Berlin University of the Arts, these General Regulations of Use shall come into effect once they have been published in the UdK-Anzeiger. At the same time, the Regulations of Use dated 2 March 2000 shall expire.

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