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(3) Where a video or audio recording which was acquired or entrusted to a third person for rental purposes before 30 June 1995 was rented out between 1 July 1994 and 30 June 1995, then, applying subsection (2) sentence 2 accordingly, a right to remuneration exists to this rental. (3) Subsections (1) and (2) apply accordingly to editions protected under sections 70 and 71, to photographs protected under section 72, to video and audio recordings protected under section 77 (2) sentence 1, sections 85, 87, 94 and 95, and to databases protected under section 87b (1). Derogations from sentence 1 to the detriment of authors and the holders of rights in other subject matter protected under this Act are permitted only by an agreement which is based on a joint remuneration agreement (section 36) or collective agreement. (2) The author is to be paid equitable remuneration for the lending of those originals or copies of a work whose dissemination is permitted under section 17 (2) if the originals or copies are lent through a publicly accessible institution (library, collection of video or audio recordings or other originals or copies thereof). (4) If, before 13 September 2003, a right of use in an audio recording still protected under this Act had been granted or transferred to another, then, in cases of doubt, the grant or transfer, in the event of an extension of the term of protection provided under section 85 (3), also applies to this period. (1) The provisions of this Act concerning the term of protection under section 82 also apply to performances fixed on video or audio recording mediums before 1 July 1990 if, on 1 January 1991, a period of 50 years had not yet expired since the video or audio recording was released.

• (1) Authorised entities may reproduce published literary works which are available in text or audio format as well as graphic recordings of musical works in order that they may be converted into an accessible format for the exclusive use of persons with a visual impairment or reading disability.
• The rightholder is entitled to payment of equitable remuneration for the use already made against the institution using it.
• The provisions of section 122 apply accordingly to foreigners who are refugees within the meaning of international treaties or other statutory provisions.
• The contract may be terminated by either party after a period of five years following its conclusion.
• (1) If the author sells the original of a work, then, in cases of doubt, he or she is not deemed to have granted a right of use to the buyer.

(2) It is permitted to reproduce lawfully accessible works in order to carry out text and data mining. Of a work or other protected subject matter to be made and which have no independent economic significance. Section 44aTemporary acts of reproduction (2) The owner of the original of an artistic work or of a photographic work is authorised to exhibit the work in public even if it has not yet been published, unless the author has explicitly ruled this out at the time of the sale of the original.

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Sections 88, 89 (4), 90, 93 and 94 apply accordingly to sequences of images and sequences of images and sounds which are not protected as cinematographic works. Do not apply to the rights under section 88 (1) and section 89 (1). The rights of revocation (sections 41 and 42) (2) Where the author of the cinematographic work grants the right of use designated in subsection (1) in advance to a third party, the author nevertheless always retains the right to grant this right to the producer of the film, either in limited or unlimited form. Section 31a (1) sentence 4 and 5 and (2) to (4) does not apply. The rights of publishers of press publications lapse two years after a press publication is first published.

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(3) There is no obligation incumbent on the trader to pay remuneration Any person acting only as forwarding agent, carrier or in a similar function in the introduction of the goods is not deemed to be the importer. Section 54bTrader’s or importer’s obligation to pay remuneration

(2) Where a right of use in a performance was granted or transferred to another before 1 July 1990, then, in cases of doubt, the grant or transfer also extends to the period by which the term of protection was extended. (3) The provisions of section 137 (3) and (4) apply accordingly. (2) Where a right of use in a photographic work was previously granted to another, then, in cases of doubt, the grant or transfer does not extend to that period by which the term of protection in photographic works has been extended.

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In these cases, the term of protection commences on 1 January 1998. Section 137gTransitional provisions in implementation of Directive 96/9/EC Equitable remuneration is to be paid for the use from 1 July 1995 onwards. Section 137fTransitional provisions in implementation of Council Directive 93/98/EEC Where a performer participated in the production of a cinematographic work prior to this 1xbet ios app date or consented to the use of a performance in the production of a cinematographic work, his or her exclusive rights are deemed to have been transferred to the producer of the film. (3) Section 69a (5), in the version applicable on 7 June 2021, only applies to contracts concluded and facts which occur as from that date.

The compensation totals that amount which would constitute equitable remuneration were the right to be contractually granted. (4) The claims under subsections (1) to (3) are precluded if the measure is disproportionate in the individual case. (4) Where the notification is unjustified or ineffective, the person notified may demand reimbursement of the necessary expenses incurred in respect of defending their rights, unless the person giving notification was not able to recognise at the point in time when notification was made that the notification was unjustified. Is a natural person who does not use the works protected under this Act or other subject matter protected under this Act for his or her commercial or self-employed business activity and (3) Where the notification is justified and meets the conditions of subsection (2) sentence 1 nos. 1 to 4, reimbursement of expenses necessarily incurred may be demanded.

If a person obliged to pay the remuneration from whom the trader obtains the appliances or storage mediums is bound by an inclusive contract concerning the remuneration or Where importation is based on a contract with a non-resident, the importer is only the contracting party residing in the territory to which this Act applies as long as that importer is acting on a commercial scale. (2) The importer is the person who introduces the appliances or storage mediums, or who causes them to be introduced, into the territory to which this Act applies. It is, however, permitted to lend lawfully produced copies of newspapers and out-of-commerce works, as well as those works in which no damaged or missing parts have been replaced by copies. (6) The copies may neither be distributed nor communicated to the public. For inclusion in a personal archive if and insofar as the reproduction is necessary for this purpose and one’s own personal copy of the work is used as the model from which the copy is made,

(4) In all other cases, foreign nationals enjoy copyright protection under international treaties. (2) Artistic works which are a permanent fixture on real property located within the territory to which this Act applies are deemed equal to works within the meaning of subsection (1) released within the territory to which this Act applies. Foreign nationals also enjoy protection with the same limitations for such works as were released only in translation within the territory to which this Act applies. (1) German nationals enjoy copyright protection for all their works, regardless of whether and where the works were released. Where, in accordance with section 28 (2), the exercise of copyright by an executor has been ordered, the consent required in accordance with sections 115 and 116 is to be given by the executor.