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(1) Subject to subsections (2) to (4), the provisions of Part 1 Division 5 Subdivision 2 in the version applicable on 1 March 2017 continue to apply to contracts concluded or other facts which occurred as from 1 March 2017 and before 7 June 2021. (1) The provisions of this Act also apply to works created before its entry into force, unless they were not protected by copyright at that point in time or this Act provides otherwise. (7) Where protection is granted under subsections (2) to (4) or (6), it expires at the latest upon the expiry of the term of protection in that state of which the performer is a national, without exceeding the term of protection under section 82.

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(3) In the case of the holdings referred to in section 61 (4), a diligent search is to be carried out in the Member State of the European Union in which the institution which made the item of the holdings available to the public with the rightholder’s permission has its principal place of business. The institution using the sources may also commission a third party with carrying out the diligent search. (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. The institutions may charge a fee for providing access to the orphan works which covers the costs of the digitisation and making available to 1xbet ios app the public. (3) Where an item in the holdings has several rightholders, its content may also be reproduced and made available to the public if, despite a diligent search, it was not possible to establish or trace all the rightholders but permission to use the item in the holdings has been obtained from one of the known rightholders.

Section 126 (1) sentence 3 applies. (3) In all other cases, foreign nationals or enterprises whose principal place of business is not located within the territory to which this Act applies enjoy protection under international treaties. Section 126Protection of producers of audio recordings Sections 120 to 123 apply analogously in respect of the protection of scientific editions (section 70) and the protection of photographs (section 72). The provisions of section 122 apply accordingly to foreigners who are refugees within the meaning of international treaties or other statutory provisions. Where no international treaties exist, copyright protection exists for such works insofar as, in accordance with notification published by the Federal Minister of Justice and Consumer Protection in the Federal Law Gazette, German nationals enjoy corresponding protection of their works in the state of which the author is a national.

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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 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.

  • In the case of the reproduction or distribution of entire literary works or entire musical works, the publishing house which released the work is to be indicated in addition to the author and it is also to be clearly indicated whether the work has been abridged or other alterations have been made.
  • However, rental does not include the transfer of originals or copies
  • Section 58Advertising exhibition and public sale of works
  • (2) For restoration purposes, libraries may distribute reproductions of a work from their holdings to other libraries or to institutions as referred to in section 60f.

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Section 28Inheritance of copyright Subdivision 1Succession to copyright Where the information is found to be inaccurate or incomplete, the person obliged to provide the information is to bear the costs of the examination. ʻSelling priceʼ within the meaning of sentence 1 is deemed to be the sales price net of tax.

(1) Any person who, without the rightholder’s consent, Section 108Infringement of related rights Incurs a penalty of imprisonment for a term not exceeding three years or a fine, unless other provisions impose a more severe penalty. Section 106Unlawful exploitation of copyrighted works Subdivision 2Criminal and regulatory fine provisions (2) The Land governments are, further, authorised to assign, by way of statutory instrument, copyright litigation matters which are within the jurisdiction of the local courts to one of several local courts within a district where this serves the administration of justice.

Section 87jDuration of rights of publishers of press publications Section 10 (1) and the provisions of Part 1 Division 6 apply accordingly. Prohibiting third parties the use of works or other subject matter which are no longer protected under this Act which were included in the press publication.