Act on Copyright and Related Rights Urheberrechtsgesetz UrhG226346

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Equitable remuneration is to be paid for the communication. Section 52Communication to public Subsequent to publication passages from a work are quoted in an independent literary work, Subsequent to publication individual works are included in an independent scientific work for the purpose of explaining its content, This is, in particular, permitted where

It is permitted to reproduce, distribute and communicate to the public a published work for the purpose of caricature, parody and pastiche. It is permitted to reproduce, distribute and communicate to the public a published work for the purpose of quotation insofar as such use is justified to that extent by the particular purpose. (2) It is, however, not permitted to reproduce and distribute the speeches designated in subsection (1) no. 2 in the form of a collection predominantly containing speeches by the same author.

  • Section 120 (2) and section 126 (1) sentence 3 apply.
  • (2) The author reserves the right to communicate or describe the content of his or her work to the public as long as neither the work nor the essential content or a description of the work has been published with his or her consent.
  • Where an audio medium contains the recording of performances by several performers, the amount of the remuneration likewise amounts to a total of 20 per cent of the income.
  • Upon such declaration being made their share accrues to the other joint authors.
  • Any contractual agreements to the contrary are null and void.

If the vendor is a person acting in a private capacity, then the art dealer or the auctioneer who is involved as purchaser or intermediary is jointly and severally liable together with the vendor; in their relationship inter se, the vendor alone is liable for payment. (3) Subsections (1) and (2) do not apply to alterations of a work for exclusively technical reasons in the case of uses in accordance with section 44b (2), 60d (1), section 60e (1) and section 60f (2). (3) In the case of television programmes, subsection (2) only applies to the broadcasting organisation’s own productions which it fully financed itself and to news programmes and reporting on current events, but not to the transmission of sports events. (1a) In the case of retransmission via an internet access service, subsection (1) only applies if the operator of the retransmission service exclusively provides authorised users access to the programme in a secure environment. (3) The right of recitation and the right of performance include the right to make speeches and performances perceivable to the public by means of a screen, loudspeaker or similar technical devices outside of that room in which the personal performance is taking place.

This applies to dealings with other Member States of the European Union and with other Contracting Parties of the Agreement on the European Economic Area only insofar as the customs authorities are responsible for controls. (2) In the cases referred to in subsection (1) nos. 1 and 2, the regulatory offence may be sanctioned with a regulatory fine of no more than 50,000 euros and in other cases with a regulatory fine of no more than 10,000 euros. Contrary to section 95d (2) does not or does not fully label works or other protected subject matter

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(2) The provision in this Act on the term of protection for producers of audio recordings in the version applicable as from 13 September 2003 also applies to related rights the protection of which has not yet expired on 22 December 2002. Sentence 1 applies accordingly to the related rights of the editor of posthumous works (section 71), the performer (section 73), the producers of audio recordings (section 85), of broadcasting organisations (section 87) and producers of films (sections 94 and 95). (1) The provisions of this Act which entered into force on 30 June 1995 also apply to works, performances, audio recordings, broadcasts and films created before that date, unless they were no longer protected on that date. (1) Any person who infringes copyright or another right protected under this Act on a commercial scale may be required by the injured party to provide information without delay as to the origin and the distribution networks of infringing copies or other products.

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(1) Section 23 (2), section 53 (5), section 55a and section 63 (1) sentence 2 also apply to database works created before 1 January 1998. In the case referred to in sentence 1, equitable remuneration is to be paid. Sentences 1 to 3 apply accordingly to related rights. (1) If, by application of this Act in the version applicable as from 1 July 1995, the term of protection of a previously accruing right is curtailed, the protection expires upon the expiry of the term of protection in accordance with the provisions applicable up until 30 June 1995. (4) Where an author granted an exclusive right of distribution before 30 June 1995, the grant also applies to the rental right. (1) The provisions of Part 1 Division 8 also apply to computer programs created before 24 June 1993.

Section 103 applies in respect of publication of the judgment. (2) Section 8c (1), (2) no. 1 and (3) and section 12 (1), (3) and (4), and section 13 (1) of the Act against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb) apply accordingly to the procedure; if the notification is justified, the notifying party may demand reimbursement of necessary expenses from the party notified. Those associations of authors or of users of a work which and those individual users of a work who established the joint agreement are entitled to injunctive relief. The arbitration board’s decision is to be set forth in writing, signed by the chairperson and delivered to each party. If one of the parties does not appoint any members or if the members appointed by one of the parties 1xbet ios app do not take part in the session despite a timely invitation to do so, the chairperson and the members who have attended decide on their own in accordance with sentences 1 and 2. Subsection (4) sentence 2 applies accordingly.

The applicant is to be informed of the origin, quantity and whereabouts of the copies, as well as of the name and address of the person authorised to dispose of the articles; the privacy of correspondence and posts (Article 10 of the Basic Law) are thereby restricted. Where a penalty is imposed in the cases referred to in sections 106 to 108b, then if the injured party makes an application and substantiates a legitimate interest therein, the court is to order that the conviction be published upon request. In the cases referred to in sections 106 to 108 and in section 108b, the act is only prosecuted upon application, unless the criminal prosecution authority regards ex-officio action to be necessary on account of the particular public interest in the criminal prosecution. (2) A penalty is also imposed on any person who, contrary to section 95a (3), produces, imports, distributes, sells or rents a device, a product or component for commercial purposes. And by doing so has at least carelessly induced, enabled, facilitated or concealed an infringement of copyright or related rights, With the intention of enabling for themselves or a third party access to a work which is protected under this Act or to other subject matter protected under this Act or its use, circumvents an effective technical measure without the rightholder’s consent or

Reproduction of a work by means of recording onto video or audio recording mediums or communication to the public of a work whilst it is being publicly recited, performed or presented, (2) The claim under subsection (1) does not apply where, in the light of the circumstances, it can be expected that the appliances or storage mediums will not be used for reproductions within the territory to which this Act applies. Insofar as this does not occur by means of manual transcription, is only ever permitted with the rightholder’s consent or under the conditions of subsection (2) sentence 1 no. 2 or for personal use if the work has been out of print for at least two years. The authorisation under sentence 1 includes the use of an illustration or other reproduction of the work used even if this is itself protected by copyright or a related right. The authorisation to quote under sentences 1 and 2 includes the use of an illustration or other reproduction of the cited work, even if this is itself protected by copyright or a related right. (2) The video or audio recording mediums may only be used for teaching purposes.