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(2) Archives which also act in the public interest may reproduce a work or have a work reproduced in order to include it as archival material in their holdings. (4) Libraries may make a work from their holdings available to their users for personal research or private studies at terminals on their premises. They may lend restored works as well as copies of newspapers, out-of-commerce works or damaged works from their holdings. Individual third persons for the purpose of monitoring the quality of the scientific research. The authorisation under sentence 1 does not extend to research organisations cooperating with a private enterprise which exerts a certain degree of influence on the research organisation and has preferential access to the findings of its scientific research. Act in the public interest based on a state-approved mandate.

(7) The foregoing provisions do not apply if the right of use referred to in subsection (1) has been granted solely for the purpose of producing a film. (2) Where the author grants to another a right of use in the reproduction of the work, then, in cases of doubt, the author retains the right to transfer the work to video and audio recording mediums. (3) The claim under subsection (1) is ruled out where the obligation to provide information under section 32d or section 32e is regulated by an agreement which is based on a joint remuneration agreement (section 36) or collective agreement.

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(7) The parties may lay down the details of proceedings before the arbitration board in the form of an agreement. As joint and several debtors they are required, at the request and for the receipt of the presiding judge, to make requisite advance payment for the arbitration board’s work. The decision is initially taken by the assessors; if a majority vote cannot be obtained, then, following further consultation, the chairperson participates in a renewed vote. If the association of authors participates, then it and the party representing the users of the work each appoints additional assessors. The arbitration board sends the request for arbitration proceedings to the other party and calls on that party to comment in writing within one month.

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• They may enable users, for non-commercial purposes, to reproduce up to 10 per cent of a work per session and to make reproductions of individual illustrations, articles from the same professional or scientific journal, other small-scale works and out-of-commerce works.
• (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.
• The rightholder may not invoke agreements which restrict or prohibit uses permitted under sections 61d and 61f to the detriment of the persons entitled to such use.
• (3) An agreement which deviates from subsections (1) to (2a) to the detriment of the author may not be invoked by the other party to the agreement.

If, on the basis of the contract in accordance with sentence 1, access is given only to a part of the database work, only the adaptation and reproduction of that part is permitted. The video or audio recording mediums are to be deleted at the latest one month after the work is first broadcast. (1) The author may require information from the person obliged to pay remuneration pursuant to section 54 or section 54b as to the nature and quantity of appliances and storage mediums sold or otherwise put into circulation within the territory to which this Act applies. (1) Together with the manufacturer, any person who, on a commercial scale, imports or re-imports the appliances or storage mediums into the territory to which this Act applies or any person who trades in them bears liability as joint and several debtor.

(4) Subsections (1) and (2) apply accordingly in relation to the rights of cinematographic exploitation in photographs and photographic works produced in connection with the creation of a cinematographic work. (1) Authors and the holders of rights in other subject matter protected under this Act are entitled to an equitable share of the income which publishers of press publications generate from the use of their rights under section 87g (1), at a minimum a share of one third of that income. (1) The rights of publishers of press publications may not be asserted to the detriment of the author or related rightholder whose work or other subject matter protected under this Act is contained in the press publication. (4) The digital distribution and digital communication to the public of a part of a database which is essential in terms of its nature or extent is permitted for the purposes of illustration in teaching in educational establishments in accordance with section 60a.

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Where the obligated party 1xbet ios app obtained something on account of the infringement at the rightholder’s expense, section 852 of the Civil Code applies accordingly. (3) The obligation to present the documents designated in subsection (1) may be ordered by way of a temporary injunction pursuant to sections 935 to 945 of the Code of Civil Procedure if the entitlement to damages obviously exists. Where the injuring party asserts that the information is confidential, the court takes the measures necessary to guarantee the level of protection required in the individual case. This in particular applies in cases in which the temporary injunction is issued without the opposing party having been heard.

Section 79bPerformers’ remuneration for types of use which become subsequently known 50 years after release of the audio medium containing the performance or The right to remuneration may only be asserted by a collecting society. ʻIncomeʼ means the income generated by the producer of the audio medium minus expenses. Section 79aPerformers’ entitlement to remuneration (4) Section 20b applies accordingly.