- Article 1 Amendment of Copyright Law
- Article 2 Amendment of the Publishing Law Act
- Article 3 Entry into Force
Law of 22 March 2002
The Bundestag passed the following law:
Article 1 The Copyright Law of 9 September 1965 (Federal Law Gazette I p. 1273), as last amended by ,'\rtic!c 16 of the Law of 13 December 2001 (Federal Law Gazette I p.3656), shall be amended as follows:
"It shall also serve to ensure equitable remuneration for the exploitation of the work."
2. Section 29 shall be worded as follows:
"Section 29 3. Section 31 shall be worded as follows: (3) An exclusive exploitation right shall entitle the right holder to use the work in the manner permitted to him, to the exclusion of all other persons, and to grant non-exclusive expl oitation rights. It may be agreed that utilisation by the author is reserved. Section 35 remains unaffected." b) Subsection 5 shall be worded as follows: "(5) If the types of use have not been specifically designated when an exploitation right was granted, the types of use to whictl the right extends shall be determined in accordance with the purpose envisaged by both parties to the contract. A corr-esponding rule shall apply to the questions of whether an exploitation right has in fact been granted, whether it shall be a non-exclusive or an exclusive
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exploitation right, how far the right to use and the right to forbid extend, and to what limitations the exploitation right shall be subject."
4. Sections 32 and 33 shall be replaced by the following provisions:
"Section 32 (1) The author shall have a right to the contractually agreed remuneration for the granting of exploitation rights and permission for exploitation of the work. If the amount of the remuneration has not been determined, equitable remuneration shall be deemed to have been agreed. If the agreed
possibility of exploitation granted, in particular the duration and time of exploitation, and considering all circumstances.
(3) An agreement that deviates from subsections 1 and 2 to the detriment of the author cannot be invoked by the other party to the agreement. The provisions stipulated in the first sentence shall apply
even if they are circumvented by other arrangements. The author may, however, grant a non-exclusive exploitation right to anyone free of charge.
(4) The author shall have no right pursuant to subsection 1 third sentence to the extent that the remuneration for exploitation of his works has been determined in a collective bargaining agreement.
Section 32a contractual relationship within the licensing chain. The other party shall then not be liable. explicitly provides for a further equitable participa tion in cases under subsection 1.
Section 32b
Compulsory Application The application of Sections 32 and 32a shall be compulsory
1. if German law would be applicable to the exploitation agreement in the absenc of a choice of law
or
2. to the extent that the agreement covers significant acts of exploitation within the territorial scope of this Law.
Section 33
Continuing Effect of Non-Exclusive Exploitation Rights
Exclusive and non-exclusive exploitation rights shall remain effective with respect to exploitation rights
granted later. The same rule shall apply, if the holder of the right who has granted the exploitation right changes or if he waives his right."
5. In Section 34, subsections 3 to 5 shall be worded as follows: "(3) An exploitation rjght may be transferred without the author's consent
to Strengthen the Contractual Position of Authors and Performing Artists
Amendment of Copyright Law
Contractual Agreements on Copyright
co-heirs as part of the partition of an estate.
exploitation rights as well as contracts on moral rights of authors as regulated under Section 39 are
permitted."
a) Subsections 1 to 3 shall be worded as follows:
"( 1) The author may grant a right to another to use the work in a particul ar manner or in any manner
(exploitation right). An exploitation rightmay be granted as a non-exclusive right or as an exclusive
Equitable Remuneration
Further Participation by the Author