Already last October, the German Federal Council (Bundesrat) decided to agree to a modification of the Urheberrechtsgesetz. According to the new addition to the relevant law (§38 Absatz 2a UrhG), authors of publicly funded scientific articles always retain the right to make them publicly available no later than six months after their initial publication. This right remains with the author(s) even if a contract with the publisher stipulates something else.
From a practical point of view, this seems like a very reasonable move. At least for those of us working at universities, this means that we can legally make all our work available through our web pages. As these are easy to find, free access will become possible and generally legal.
The document can be found through the search pages of the Bundesrat by looking up Drucksachen-Nr. 514/12.