Comments on the article “Use and publication rights to excavation documentation - an overview of the regulations of the heritage conservation offices in Germany”: The missing Schleswig-Holstein perspective

Abstract

In the article discussed (Zerres, 2021), the author deals with the existing regulations on scientific exploitation and publication rights of archaeological materials and documentation on the basis of valid excavation guidelines published online by the German State Monuments Offices. In her selectively compiled overview, she first does justice to the fact that the handling of rights of use can vary in a federal system (see also Hönes, 1998). By implying that the ownership claim of the Länder is only based on assertions, it actively contributes to legal uncertainty. In addition, it postulates a common approach to publication, in the context of which publications may generally only be made in agreement with the respective authority. This assertion is made without the investigation and presentation of concrete responsibilities.