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However, rental does not include the transfer of originals or copies (3) For the purposes of this Act, ʻrentalʼ means the time-limited transfer for use which directly or indirectly serves profit-making purposes. Section 16Right of reproduction (3) The communication of a work is deemed public if it is intended for a plurality of members of the public. The right of communication of broadcasts and of works made available to the public (section 22).

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  • (2) If the author reveals his or her identity within the period designated in subsection (1) sentence 1 or if the pseudonym adopted by the author leaves no doubt as to his or her identity, the term of protection is calculated in accordance with sections 64 and 65.
  • (4) In all other cases, foreign nationals enjoy copyright protection under international treaties.
  • Sections 88, 89 (4), 90, 93 and 94 apply accordingly to sequences of images and sequences of images and sounds which are not protected as cinematographic works.
  • 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.

(4) A request for arbitration proceedings in accordance with section 36 (3) sentence 2 must contain a proposal for the establishment of a joint remuneration agreement. The other party does not commence negotiations on joint remuneration agreements within three months after the written request of one of the parties to initiate such negotiations, (2) Associations as referred to in subsection (1) must be representative, independent and empowered to establish joint remuneration agreements. Especially in the case of contractual negotiations relating to the granting of rights of use or the making available to the public of audio-visual works via video-on-demand services, the rightholders and users of works may institute a mediation procedure or another voluntary out-of-court dispute resolution procedure.

(3) If, under this Act, equitable remuneration is to be paid to the rightholder for a reproduction which was freely permitted in accordance with previous provisions, the copies designated in subsection (2) may be distributed without payment of remuneration. (1) German nationals or enterprises whose principal place of business is located within the territory to which this Act applies enjoy the protection granted under section 94 and 95 for all their video recordings or video and audio recordings, regardless of whether and where they were released. (1) German nationals or enterprises whose principal place of business is located within the territory to which this Act applies enjoy the protection granted under sections 85 and 86 for all their audio recordings, regardless of whether and where they were released. As regards reproductions which, pursuant to subsection (1) sentence 2, are remunerated in accordance with sections 54 to 54c, only these provisions apply.

(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.

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(2) Subsection (1) applies accordingly to means the sole purpose of which is to facilitate the unauthorised removal or circumvention of any technical device which may have been applied to protect the computer program. Section 98 (3) and (4) applies accordingly. (1) The rightholder may require of the owner or proprietor that all unlawfully produced or distributed copies or all copies intended for unlawful distribution be destroyed. (3) Subsections (1) and (2) are to be interpreted such that their application neither impairs the normal exploitation of the work nor unreasonably impairs the rightholder’s legitimate interests. Used for the development, production or marketing of a computer program which is substantially similar in its expression or for any other acts which infringe copyright.

The presumption does not apply in the relationship to the author or the original holder of the related right. Where no editor has been named, it is presumed that the publisher is entitled to assert such rights. Upon such declaration being made their 1xbet ios app share accrues to the other joint authors. They must make a declaration of waiver to the other joint authors.

(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

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(1) The Land governments are authorised to assign, by way of statutory instrument, copyright litigation matters for which the regional court is competent as court of first instance or as appeal court to one of the several regional courts competent within a district where this serves the administration of justice. Section 105Courts for copyright litigation The nature and extent of the publication are determined in the judgment.

(1) Where the author has granted an exclusive right of use against payment of flat-rate remuneration, the author is nevertheless entitled to exploit the work in another manner after the expiry of 10 years. (3) Where rights of use in future works have been granted in the performance of the contract, then upon termination of the contract the provision concerning the works which have not yet been supplied becomes ineffective. (1) Where the author permits the inclusion of the work in a collection which is published periodically, then, in cases of doubt, the publisher or editor acquires an exclusive right of reproduction, distribution and making available to the public. The author may demand from the contracting party consent to the agreement being amended so as to eliminate the deviation.

(5) The collecting societies and the receiving office may only use the information received pursuant to section 54b (3) no. 2 and sections 54e and 54f for the purpose of asserting claims under subsection (1). (2) Each rightholder is entitled to an equitable share of the remuneration paid pursuant to sections 54 to 54c. Insofar as is necessary to assess the remuneration owed by the operator pursuant to section 54c, the author may demand permission to enter, during normal business hours, the operational and business premises of an operator who keeps appliances available for the making of photocopies in return for payment. (3) Where the person obliged to pay remuneration does not meet this obligation, or only does so incompletely or otherwise incorrectly, twice the rate of remuneration may be demanded. (2) Where the person obliged to make such report does not meet this obligation, or only does so incompletely or otherwise incorrectly, twice the rate of remuneration may be demanded.

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