Act on Copyright and Related Rights Urheberrechtsgesetz UrhG
The obligation to pay remuneration does not apply to events organised by the youth welfare service, the social welfare service, the geriatric and welfare service, and the prisoners’ welfare service insofar 1xbet ios app as they are only available to a specifically delimited circle of persons on account of their social or educational purpose. (1) It is permitted to communicate to the public a published work if that communication serves a non-profit-making purpose for the organiser of an event, if participants are admitted free of charge and, in the case of a lecture or performance of a work, if none of the performers (section 73) is paid special remuneration. The author is to be paid equitable remuneration for the reproduction, distribution and communication to the public, unless the reproduction, distribution and communication to the public is of short extracts of several commentaries or articles in the form of an overview. (4) Authors are entitled to payment of equitable remuneration for uses in accordance with subsections (1) and (2). (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.
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Section 108bInfringement of technical measures and rights management information (1) Where the offender in the cases referred to in sections 106 to 108 acts on a commercial basis, the penalty is imprisonment for a term not exceeding five years or a fine. In manners other than those permitted by law incurs a penalty of imprisonment for a term not exceeding three years or a fine. Exploits a performer’s performance contrary to section 77 (1) or (2) sentence 1 and section 78 (1), Reproduces, distributes or communicates to the public a photograph (section 72) or an adaptation or transformation of a photograph, Reproduces, distributes or communicates to the public a scientific edition (section 70) or an adaptation or transformation of such an edition,
If the press publication was produced by an enterprise, the owner of the enterprise is deemed to be the producer. Has the purpose of providing the general public with information related to news or other topics and Constitutes an individual item within a periodical or regularly updated publication under a single title, such as a newspaper or a general or special interest magazine, Division 7Protection of publishers of press publications Section 87dDuration of rights
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- (2) Video or audio recordings of an exceptional documentary value need not be deleted if they are to be included in an official archive.
- (2) The contracting parties may extend the exclusivity of the right to cover the entire duration for which the right of use was granted at the earliest five years after the point in time referred to in subsection (1) sentence 3.
- (1) A diligent search for the rightholder pursuant to section 61 (2) must be carried out for each item in the holdings and for other protected subject matter they contain; at the very least the sources set out in the Annex must be consulted.
- Section 34Transfer of rights of use
- (1) Illegally produced copies may neither be distributed nor used for the purposes of communication to the public.
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 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.
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Where several authors have combined their works for the purpose of joint exploitation, each may require the consent of the others to the publication, exploitation or alteration of the compound works if the consent of the others may be reasonably expected in good faith. Each joint author is entitled to assert claims arising from violations of the joint copyright; a joint author may, however, demand performance only to all the joint authors. However, a joint author may not refuse consent to publication, exploitation or alteration contrary to the principles of good faith. (1) Where several persons have jointly created a work without it being possible to separately exploit their individual shares in the work, they are joint authors of the work.
To reproduce, distribute and communicate to the public a speech delivered during public negotiations before state, local authority or church organs. They must be deleted at the latest at the end of the academic year following the transmission of the school broadcast, unless the author has been paid equitable remuneration. (5) The author may forbid the exploitation permitted in accordance with this provision if the work no longer reflects his or her conviction and the author can therefore no longer be reasonably expected to agree to the exploitation of the work and has for that reason revoked any existing right of use (section 42). If the place of residence or whereabouts of the holder of the exclusive right of use are also not known, notification may be effected by publication in the Federal Gazette. Section 45dUse permitted by law and contractually authorised use
An association which represents a significant proportion of the respective authors or users of a work is deemed to be empowered within the meaning of sentence 1, unless the members of the association reach a decision to the contrary. Section 35aMediation and out-of-court dispute resolution in relation to video-on-demand services The author’s consent is not required if the exclusive right of use is granted only to ensure that the author’s interests are served. (1) The holder of an exclusive right of use may grant further rights of use only with the author’s consent. Section 35Grant of further rights of use Sentence 2 also applies if the shareholder relations in respect of the enterprise of the holder of the right of use substantially change.