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Federal Law with which the Copyright Act and the 1980 Copyright Act Amendment are amended 1996 Copyright Act Amendment-UrhGNov 1996
Federal Law with which the Copyright Act and
the 1980 Copyright Act Amendment are amended |
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| (1996 Copyright Act Amendment-UrhGNov 1996) |
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| The National Council decided: |
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| Article I
Amendment to the Copyright Act |
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| The Copyright Act, Federal Law Gazette No. 111/1936, amended by the Federal Law as promulgated in Federal Law Gazette No. 93/1993, shall be amended as follows: |
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“Exhibiting
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| (2) Para 1 shall not apply to works of applied arts (handicraft).” |
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| If the programme carrying signals are broadcast coded, this shall be considered as radio broadcast only if the means for decoding the broadcast have been made accessible to the public by the radio broadcaster or upon his consent. |
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| (1) In the case of a radio broadcast via satellite the exploitation activity reserved for the author shall encompass the input of the programme carrying signals, under the control and responsibility of the radio broadcaster, into an uninterrupted communication chain leading to the satellite and back to earth. The radio broadcast via satellite shall therefore, subject to para 2, only be realized in the country in which this input is undertaken. |
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| (2) If the input as specified in para 1 is undertaken in a country which is not a member state of the European Economic Area and in which the protection level provided for in chapter II of the directive of the Council of the European Communities, dated 27th September, 1993, for the coordination of certain provisions in respect of the protection of authors and services regarding satellite broadcasting and diffusion by cable, ABL No L 248, dated 6th October, 1993, p.15, in the version applying to Austria in accordance with Annex XVII of the EEA agreement, is not guaranteed, no broadcast shall be undertaken |
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| 1. in the Member State of the European Economic Area in which the terrestrial broadcasting station is situated from which the programme carrying signals are transmitted to the satellite: |
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| 2. if the precondition according to Z 1 is not met, in the Member State of the European Economic Area, in which the radio broadcaster, who commissioned the input as referred to in para 1, has his main office. |
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| (3) In the cases of para 2 the operation of a terrestrial broadcasting station and/or the commissioning of an input as referred to in para 1 shall be understood as a broadcast in the meaning of § 17, para 1.” |
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| “The film producer and the author shall be entitled to equal shares in the legal remuneration claims unless they are unrenounceable and the film producer has not entered into any other agreement with the author.” |
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| “in as far as these authors have not entered into any other agreement with the film producer, this consent shall not be required for translations and adaptation including the completion of an unfinished cinematographic work, required for the ordinary exploitation of the cinematographic work in accordance with honest habits and practices not detrimental to the intellectual interests of the author in his work.” |
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“Reproduction for one’s own use
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| (1) Anyone shall be entitled to reproduce copies of a work for his/her own use. |
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| (2) If such reproduction is made for the purpose of making the work accessible to the public by means of the copy made, this shall not be considered as a reproduction for one’s own use, subject to paras 4 and 5. Copies reproduced for one’s own use must not be used for the purpose of making the work accessible to the public. |
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| (3) Schools and universities shall be permitted to produce and distribute for the purpose of instruction and/or education to the extent justified thereby as many reproduction copies as are required for a certain class or lecture (Reproduction for use at school). The authorization to reproduce works for use at school shall not apply to works destined for instruction and education by their nature and designation. |
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| (4) Institutions open to the public and collecting copies shall be entitled, unless this is done for commercial proposes (reproduction for internal use of collections): |
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| (5) The following reproductions shall, however, be permissible only upon the consent of the rightholder: |
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| 1. the reproduction of entire books or magazines unless this is done by copying the latter by hand, or the work concerned is an unpublished or out of sale one, or the preconditions of para 4, Z 1 apply; this provision shall also apply if the reproduction basis is not the book or magazine as such but a reproduction of the book or magazine obtained in whatever way; |
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| 2. the execution of a work of architecture according to a plan or design or the reconstruction of such a work.” |
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| Upon an order individual reproduction copies may be made free of charge also for an other person’s use. Such reproduction shall be permissible also against payment |
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| 1. if the reproduction is made by means of reprographic or similar methods; |
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| 2. if a work of literature or music is reproduced by copying by hand. |
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| (1) If it is to be anticipated that a work which is broadcasted on the radio or recorded on a picture or sound carrier produced for commercial purposes, will be reproduced for a person’s own use by recording it on a picture or sound carrier, the author shall be entitled to equitable remuneration (empty cassette remuneration), if the carrier material is put on the domestic market for sale; carrier material shall refer to unused picture or sound carriers suitable for such reproduction, or other picture or sound carriers destined for such purposes. |
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| (2) If it is to be anticipated that a work because of its kind will be reproduced by means of reprographic or similar methods for a person’s own use, the author shall be entitled to equitable remuneration (reprographic reproduction remuneration): |
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| 1. if an equipment which by its construction is destined for such reproduction (reproduction equipment), is put on the domestic market for sale (equipment remuneration), and |
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| 2. if a reproduction equipment is operated at schools, universities, institutions for educational or other vocational and further training purposes, research institutions, public libraries or institutions operating reproduction equipment against payment (operator remuneration). |
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| (3) The following persons shall have to pay the remuneration: |
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| 1. The remuneration for empty cassettes and/or equipment the person who first puts on the domestic market against payment and for commercial purposes the carrier material and/or the reproduction equipment; anyone subsequently putting the carrier material and/or the reproduction equipment on the domestic market against payment and for commercial purposes or offers the latter for sale, shall be liable as guarantor and payer. Exempt from the liability for empty cassette remuneration shall be a person receiving sound carriers with not more than 5 000 hours playing time and picture carriers with not more than 10 000 hours playing time within a period of half a year; |
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| 2. The operator remuneration the operator of the reproduction equipment. |
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| (4) When assessing the remuneration the following circumstances shall be taken into special consideration: |
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| 1. in respect of the empty cassette remuneration the playing time; |
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| 2. in respect of the equipment remuneration the capacity of the equipment; |
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| 3. in respect of the operator remuneration the type and scope of utilization of the reproduction equipment to be anticipated in view of the circumstances, above all the type of enterprise, the location of the equipment and the customary use. |
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| (5) Remuneration claims in accordance with paras 1 and 2 can only be made by performing rights societies. |
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| (6) The performing rights society shall pay back the equitable remuneration |
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| 1. to the person exporting the carrier material or a reproduction equipment prior to selling the latter to an end user; |
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| 2. to the person using carrier material for a reproduction for another than his own use, unless this use refers to a free utilization of a work; prima facie evidence shall suffice.” |
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| 10. The former § 42 a shall be defined as § 42 c. |
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| 2. in a work which by its nature and denomination is destined for school use, only for an explanation of the contents.” |
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| “(1) Individual works of music may be reproduced and distributed upon publication in the form of notations in a work, which by its nature and denomination is destined for school use, to an extent justified by the purpose: |
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| 1. if they are included in a collection combining works of several authors and destined for music lessons, |
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| 2. if they are only included for an explanation of the contents.” |
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| 13. § 54, para 1, Z 3 shall read: |
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| “3. to reproduce and distribute individually published works of graphic art in a work which by its nature and denomination is destined for school and education purposes only for the explanation of the contents, or in such a school book for the purposes of art education of the youth.” |
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| 14. The following Z 3a shall be inserted after § 54, para 1, Z 3: |
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| “3 a. to reproduce and distribute individually published works of graphic art in a scientific work constituting the main topic;” |
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“Permitting the use of picture or sound
carriers to federal institutes for
audiovisual media.
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| (1) Picture or sound carriers on which a published work is recorded, may be distributed by permitting the use to federal institutes for audiovisual media (§ 30a of the research organisation law, Federal Law Gazette No. 34/1981). For this purpose also a reproduction of the picture or sound carrier shall be permitted. |
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| (2) Para 1 shall not apply to picture or sound carriers having been produced or distributed by violating an exclusive right to reproduce or distribute the work recorded on these carriers. |
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Use of picture or sound carriers in libraries
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| (1) Institutions open to the public (libraries, collections of picture or sound carriers and the like) may use picture or sound carriers for public recitations, performances and presentations of the works recorded thereon to not more than two visitors at a time of the institution, provided this is not done for commercial purposes. The author shall be entitled to equitable remuneration therefor. Respective claims can only be made by performing rights societies. |
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| (2) Para 1 shall not apply if a picture or sound carrier is used which was produced or distributed by violating an exclusive right to reproduce or distribute the work recorded thereon. |
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Public communication during lessons
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| (1) Schools and universities may, for the purpose of instruction and/or training to the extent justified thereby, publicly perform cinematographic works and related works of music; the right to play feature films shall be restricted to universities though. |
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| (2) For a public performance in accordance with para 1 the author shall be entitled to equitable remuneration. Such claims can only be made by performing rights societies. |
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| (3) Paras 1 and 2 shall not be applicable |
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| 1. to cinematographic works, which by their nature and designation are destined for use at schools and universities; |
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| 2. if a picture or sound carrier is used which was produced or distributed by violating an exclusive right to reproduce or distribute the work recorded thereon. |
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Public communication in accommodation
enterprises
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| (1) Accommodation enterprises may publicly perform cinematographic works for the guests they accommodate, if |
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| 1. at least two years have passed since the first performance of the cinematographic work in Austria or in the German language or in a language of a minority group recognized in Austria, |
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| 2. the performance is realized by means of a picture of sound carrier manufactured for commercial purposes and the distribution of which is permissible in accordance with § 16, para 3, and |
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| 3. the audience is admitted free of charge. |
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| 2) For the public performance in accordance with para 1 the author shall be entitled to equitable remuneration. Such claims can only be made by performing rights societies.” |
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| (1) The right to use broadcasts of works including those via satellite for the simultaneous, complete and unchanged transmission by means of cable can only be asserted by performing rights societies; this shall not apply, however, to the right of asserting infringements of copyright at court. |
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| (2) Broadcasts may be used for a transmission within the meaning of para 1 if the transmitting radio broadcaster has obtained permission to do so from the competent performing rights society (§ 3 VerwGesG, Federal Law Gazette No. 112/1936). By reference to this permission also the authors who did not conclude a protection of rights’ contract and whose rights are not protected on the basis of 2a reciprocity contract with a foreign performing rights society either, shall have the same rights and obligations as the right holders of the performing rights society. |
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| (3) Paras 1 and 2 shall not apply, however, if the right of transmission in the meaning of para 1 rests with the radio broadcaster whose broadcast is transmitted. |
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“Cinematographic works
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| § 62. The copyright of cinematographic works shall end seventy years after the death of the last living representative of the following persons, i.e. the chief producer and the author of the film script, of the dialogues and of the musical work specially created for the cinematographic work.” |
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“Serial works
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| § 63. For works published in several volumes, parts, consignments, numbers or episodes and in respect of which the publication represents the decisive fact for the commencement of the protection period, the latter shall be assessed at the publication of each component.” |
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“Section II
Protection of pictures, sound carriers, radio
broadcasts, and posthumous works”
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| “(7) § § 5, 7 to 9, 11 to 13, 14, para 2, § 15, para 1, § § 16, 16 a, 16 b, 17, 17 a, 17 b, 18, para 3, § 23, paras 2 and 4, § § 24, 25, paras 2 to 6, § § 26, 27, paras 1, 3, 4 and 5, § 31, para 1, 32, para 1, § 33, para 2, § § 36, 37, 41, 42 a, 42 b, 42 c, 54, para 1, Z 3, 3a and 4, and para 2, § § 56, 56 a, 56 b, 59 a and 59 b shall apply to pictures, § § 56 c and 56 d to cinematographic products mutatis mutandis; however, § 42 a, second sentence, Z 1 shall not apply to reproductions of commercially manufactured pictures on the basis of a model obtained by means of a photographic process.” |
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| 30. The following sentence shall be added to § 76 a, para 3: |
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“4. Posthumous Works
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| § 76 b. Anyone publishing an unpublished work for which the protection period has expired, with due permission, shall be entitled to the exploitation rights of the work in the same way as an author. This protection right shall expire twenty-five years after the publication; the period shall be assessed according to § 64.” |
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| 33. In § 86, para 2 the quotation “§ 56, para 3” shall be replaced by “§ 56, para 3, § 56 b, para 2, 56 c, para 3, Z 2, § 56 d, para 1, Z 2.” |
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| 33 a. § 87 a, para 1, first sentence shalI read: |
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| “Anyone compelled by virtue of this law to pay an equitable compensation or an equitable remuneration, an equitable share of such a consideration, to pay damages or render the profit made, shall be obliged to render an account to the rightholder and to have the correctness of such an account checked by an expert.” |
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| 34. § 87 a, para 2 shall read: |
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| 36. § 90 a, para 1, para 2 and para 3 shall read: |
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| “(1) Carrier material and reproduction equipment in the meaning of § 42 b, released for free circulation or deposited at a depot of type D in the meaning of the respective customs provisions, shall have to be declared by the declarant in line with the specifications according to paras 3 and 4 with a separate declaration. In this declaration the number of pieces, the type and trade marks of the declared goods shall be stated; with carrier material moreover the length of performance, and with reproduction equipment the capacity (reproductions per minute) shall be indicated. The declaration is a necessary document for customs clearance in the meaning of the customs provisions. The declarations shall be transmitted by the customs offices to the performing rights societies asserting claims in accordance with § 42 b and, in connection therewith, § 69, para 3, § 74, para 7, and § 76, para 4. |
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| 36 a. § 90 a, para 5, shall read: |
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| “(5) The declarant and the recipient of the declared goods stated in the declaration shall have to inform the performing rights societies referred to in para 1 upon their request correctly and completely on the relevant circumstances of the payment obligation.” |
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| “The interference shall not be punishable, however, if it only concerns the unauthorized reproduction or an unauthorized recording of a recitation or a performance for a person’s own purposes or free of charge upon request for another person’s own use.” |
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| “(2 a) Whoever commits a punishable act commercially, shall be punished with imprisonment of up to two years.” |
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| 39. The following § 99 b shall be inserted after § 99 a: |
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“Posthumous works
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| Article II
Modifications of the Amendment to the 1980 Copyright Law |
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| The Federal Law of 2nd July, 1980, Federal Law Gazette No. 321, with which the Copyright Law is amended (Urheberrechtsgesetznovelle 1980 - UrhGNov. 1980), last amended by the Federal Law as promulgated in Federal Law Gazette No. 612/1989, shall be amended as follows: |
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| Article III
Entering into force and implementation |
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| (1) This Federal Law shall enter into force on April 1st, 1996, except for para 2. |
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| (3) Implementing regulations may be issued already prior to April 1st, 1996 but shall not enter into force before that date. |
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| (4) The Federal Minister of Justice shall be entrusted with the execution of this Federal Law. |
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| Article IV
Empty cassette remuneration |
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| For the period April 1st, 1996 to December 31st, 1997 Art. II, para 1, Z 1 UrhGNov 1980 shall read: |
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| Article VI
Cinematographic works |
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| Article VII
Radio broadcast via satellite |
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| The co-producer of a cinematographic work may permit another person the radio broadcast of the cinematographic work via satellite only upon the consent of the co-producer concerned (Z 5), if |
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| 1. the cinematographic work was jointly produced by film makers from several countries, |
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| 2. at least one co-producer belongs to the Member State of the European Economic Area, |
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| 3. the contract on the joint production of the cinematographic work was concluded before April 1st, 1996, |
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| 4. the contract explicitly allocates the right to broadcast to certain areas, i.e. for all technical means of the broadcast, and no special regulation is made for broadcasting via satellite, and |
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| 5. the broadcast via satellite impairs the exclusive right to broadcast of a co-producer. |
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| Article VIII
Protection periods |
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| (1) This Federal Law shall not apply if already running protection periods would be affected. |
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| (2) In as far as this Federal Law provides for a prolongation of the protection period, it shall apply to copies produced, recitations and performances given, photos taken and broadcasts effected before April 1st, 1996: |
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| 1. for which the protection period has not expired on July 1st 1995 according to the regulations in force so far, or |
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| 2. which are protected in a Member State of the European Economic Area and for which the protection period in this Member State has not expired on July 1st, 1995. |
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| Article IX
Posthumous works |
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| (1) This Federal Law shall apply to posthumous works, |
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