(3) Section 90 applies accordingly. Sentence 1 does not apply to the right to make a film until filming commences. The grant of further rights of use (section 35) and
(2) To assert the claims under subsection (1) it is sufficient for there to be clear indications based on verifiable facts that their conditions are met. From whose profits or benefits the author’s disproportionately low remuneration in accordance with section 32a (2) results. The claim on the contracting party is disproportionate for other reasons, in particular if the effort involved in providing the information would be disproportionate to the income generated from the use of the work.
Part 5Scope of application, transitional and final provisions (2) The same applies to devices intended exclusively for the presentation of a cinematographic work, such as reels of film and suchlike. (1) Devices intended exclusively for the reproduction or broadcasting of a work, such as moulds, plates, engraving stones, blocks, stencils and negatives, are subject to execution for pecuniary claims only insofar as the creditor is authorised to use the work by means of such devices. Sections 113 1xbet ios app to 117 apply analogously In the cases referred to in section 114 (2) sentence 1,
(2) As from 7 June 2021, the provisions on the author’s further participation (section 32a) and on the right of revocation for non-exercise (section 41) in the version applicable on 7 June 2021 even apply to contracts concluded before that date. (4) Subsections (3) and (3a) apply accordingly to performers. (3a) The provisions of this Act, subject to section 133 (2) to (4), in the version applicable up to and including 28 February 2017 continue to apply to contracts concluded or other facts which occurred as from 1 July 2002 and before 1 March 2017. Section 32 applies to contracts concluded between 1 June 2001 and 30 June 2002 if the right granted or the permission is used after 30 June 2002. Sections 40 and 41 apply to such contracts, with the proviso that the terms designated in section 40 (1) sentence 3 and in section 41 (2) are to be calculated from 1 January 1966 at the earliest. (2) The duration of copyright in a work published after the expiry of 50 years following the author’s death but before the entry into force of this Act is determined in accordance with previously applicable provisions.
This applies accordingly to related rights. Section 120 (2) and section 126 (1) sentence 3 apply. Section 121 (4) sentence 2 applies accordingly. (3) In all other cases, broadcasting organisations with no principal place of business within the territory to which this Act applies enjoy protection in accordance with the content of international treaties. The protection expires upon the expiry of the term of protection granted in that state in which the broadcasting organisation has its principal place of business, without exceeding the term of protection under section 87 (3). (2) Broadcasting organisations with no principal place of business within the territory to which this Act applies enjoy protection for all broadcasts they transmit within the territory to which this Act applies.
(2) The entitlements designated in subsection (1) do not entitle the work to be re-filmed. Part 3Special provisions on films (2) The claim under subsection (1) may only be asserted by a collecting society. Section 87iPresumption of ownership; uses permitted by law Sections 31 and 33 apply accordingly.
Communication to the public for the benefit of members of educational establishments and their families in accordance with section 60a (1) nos. 1 and 3 and section 60a (2), with the exception of making the content available to the public, Reproductions are to be remunerated in accordance with sections 54 to 54c. (1) Authors are entitled to equitable remuneration for uses in accordance with this Subdivision. Section 60gUse permitted by law and contractually authorised use The agency submitting the work must without delay delete any reproductions in its possession.
Where the supposed infringed party asserts that this information is confidential, the court takes the measures necessary to guarantee the level of protection required in the individual case. The provisions of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction (Gesetz über das Verfahren in Familiensachen und in den Angelegenheiten der freiwilligen Gerichtsbarkeit) apply accordingly to the proceedings. (6) Any person who provides truthful information without having been obliged to do so in accordance with subsection (1) or (2) is only held liable against third parties if they knew that they were not obliged to provide the information. (5) Where the person obliged to provide information intentionally or gross negligently provides incorrect or incomplete information, that person is obliged to reimburse the injured party for the resulting damage.
(7) The recording of public lectures, productions or performances of a work on video or audio recording mediums, the realisation of plans and drafts of artistic works and the reconstruction of architectural works are only ever permitted with the rightholder’s consent. (1) It is permitted for a natural person to make single copies of a work for private use on any medium, insofar as they neither directly nor indirectly serve commercial purposes, as long as no obviously unlawfully produced model or a model which has been unlawfully made available to the public is used for the copying. (2) It is permitted, without limitation, to reproduce, distribute and communicate to the public miscellaneous news items of a factual nature and news of the day which has been published via the press or broadcasting; protection granted under other statutory provisions remains unaffected thereby. (5) The foregoing provisions apply accordingly to a literary work employed as the text of a musical work if the author of the literary work has granted to a producer of audio recordings a right to record the literary work in conjunction with the musical work on audio recording mediums and to reproduce and distribute such recordings. (3) A right of use granted under the foregoing provisions has effect only within the territory to which this Act applies and for export to states in which the work does not enjoy protection against transferral to audio mediums.
(3) The right expires 70 years after the release of the audio recording. Section 31 and sections 33 and 38 apply accordingly. The producer of an audio recording may grant to another the right to use the audio recording in a particular manner or in any manner of use to which the producer is entitled.