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Act on Copyright and Related Rights Urheberrechtsgesetz UrhG

(1) The author may require that the owner of the original or of a copy of his or her work make the original or copy thereof available to him or her insofar as this is necessary for the production of copies or adaptations of the work and does not conflict with the owner’s legitimate interests. Section 25Access to copies of works Subdivision 4Other rights of authors The reproduction of an architectural work or If the newly created work maintains sufficient distance to the work used, this does not constitute adaptation or transformation within the meaning of sentence 1. ʻRight of communication of broadcasts and of communication of the making available to the publicʼ means the right to make perceivable to the public, by screen, loudspeaker or similar technical device, broadcasts and communications of the work as are based on its making available to the public.

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  • The presumption does not apply in the relationship to the author or the original holder of the related right.
  • (3) Section 90 applies accordingly.
  • (4) The claims under subsections (1) and (2) are precluded where their assertion is disproportionate in the individual case.
  • The applicant is required to pay the costs of the publication in advance.

Section 74a of the Criminal Code (Strafgesetzbuch) applies. Articles which are the object of a criminal offence pursuant to sections 106, 107 (1) no. 2 and sections 108 to 108b may be confiscated. (3) If, in cases referred to in 1xbet ios app subsection (1), the offender acts on a commercial scale, the penalty is imprisonment for a term not exceeding three years or a fine.

Make their performance available to the public (section 19a), Section 78Communication to public Section 27 applies accordingly.

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The right of communication by video or audio recordings is the right to make speeches or performances of a work perceivable to the public by means of video or audio recordings. This provision does not conflict with the collective agreements, works agreements and joint remuneration agreement of broadcasting organisations insofar as the author is thereby granted equitable remuneration for each retransmission. (2) Where the author has granted the right of retransmission to a broadcasting organisation or to the producer of an audio recording or film, the retransmission service is, nevertheless, required to pay the author equitable remuneration for such retransmission. (2) Where the author has not been named in accordance with subsection (1), it is presumed that the person designated as the editor on the copies of the work is entitled to assert the rights of the author. (2) The same applies to other official texts published in the official interest for general information purposes, subject to the proviso that the provisions concerning the prohibition of alteration and the acknowledgement of source in section 62 (1) to (3) and section 63 (1) and (2) apply accordingly. (3) Where a transfer agreement was concluded between a performer and a producer of an audio medium before 1 November 2013, then in the case of the extension of the term of protection the transfer extends to this period, unless there are clear, contractual indications to the contrary.

(3) Section 20b (2) applies only insofar as the contract on the granting of the cable retransmission right was concluded after 1 June 1998. (1) Section 20a only applies to contracts concluded before 1 June 1998 as from 1 January 2000, insofar as they expire after that date. Section 137hTransitional provisions in implementation of Council Directive 93/83/EEC (3) Sections 55a and 87e do not apply to contracts concluded before 1 January 1998.

Division 6Limitations on copyright through uses permitted by law The provisions of this Subdivision also apply where the author has created the work in the fulfilment of obligations resulting from an employment or service relationship, unless otherwise provided in accordance with the terms or nature of the employment or service relationship. Section 42aCompulsory licence for production of audio recordings (5) The provisions of section 41 (5) and (7) apply accordingly. Section 38 (4) sentence 2 applies accordingly.

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Section 22Right of communication of broadcasts and of works made available to public Section 19 (3) applies accordingly. (2) Section 20b applies accordingly.

Section 31Grant of rights of use The author’s successor in title holds the rights to which the author is entitled under this Act, unless otherwise provided for. Section 29Transfer of copyright Section 2210 of the Civil Code (Bürgerliches Gesetzbuch) does not apply. (2) The author may assign the exercise of copyright to an executor by testamentary disposition.

(4) The remuneration may not have an inequitable effect on the manufacturers of appliances and storage mediums; its relationship to the price level of the appliance or of the storage medium must be economically equitable. (3) In determining the amount of remuneration, account is to be taken of such properties of the appliances and storage mediums as are relevant to use, in particular the capacity of appliances, the storage capacity of storage mediums and the extent to which they are rewritable. (2) Remuneration in respect of appliances is to be set so as to be altogether equitable also in relation to the obligation to pay remuneration for storage mediums contained in such appliances or for other appliances or storage mediums functioning together with them.

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