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Law on Copyright and Neighboring Rights of July 19 1996
Law on Copyright and Neighboring Rights
(Copyright Law)








(of September 9, 1965, as last amended by the Law of July 19, 1996)


 
 





PART I
COPYRIGHT








Section I
General








Art. 1. Authors of literary, scientific and artistic works shall enjoy protection for their works in accordance with this Law.







Section II
Works








(Protected Works)







Art. 2.—







(1) Protected literary, scientific and artistic works shall include, in particular:







1.     works of language, such as writings, speeches and computer programs;







2.     musical works;







3.     works of pantomime, including choreographic works;







4.     works of fine art, including works of architecture and of applied art and plans for such works;







5.     photographic works, including works produced by processes similar to photography;







6.     cinematographic works, including works produced by processes similar to cinematography;







7.     illustrations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and three-dimensional representations.







(2) Personal intellectual creations alone shall constitute works within the meaning of this Law.







(Amended by the Law of June 24, 1985, and by the Law of June 9, 1993.)







(Adaptations)







Art. 3. Translations and other adaptations of a work which constitute personal intellectual creations of the adapter shall enjoy protection as independent works without prejudice to copyright in the work that has been adapted. Insignificant adaptations of a non-protected musical work shall not enjoy protection as independent works.







(Amended by the Law of June 24, 1985.)







(Collections)







Art. 4. Collections of works or of other contributions which, by reason of their selection or arrangement, constitute personal intellectual creations shall enjoy protection as independent works without prejudice to copyright in the works included in the collections.







(Official Works)







Art. 5.—







(1) Laws, ordinances, official decrees and notices as also decisions and official grounds of decisions shall not enjoy copyright protection.







(2) The same shall apply to other official works published in the official interest for public information, with the condition that the provisions of (3) and (2) concerning prohibited alterations and acknowledgment of sources shall apply mutatis mutandis.







(Published Works and Released Works)







Art. 6.—







(1) A work shall be deemed published if, with the consent of the copyright owner, it has been made accessible to the public.







(2) A work shall be deemed released if, with the consent of the copyright owner, copies of the work have been produced in sufficient quantity and have been publicly offered for sale or put into circulation. A work of fine art shall also be deemed to have been released if, with the consent of the copyright owner, the original or a copy of the work is made permanently accessible to the public.







Section III
Authors








(Author)







Art. 7. The person who creates the work shall be deemed the author.







(Joint Authors)







Art. 8.—







(1) If several persons have created a work jointly, and their respective contributions cannot be separately exploited, they shall be deemed the joint authors of the work.







(2) The right of publication and of exploitation of the work shall belong jointly to the joint authors; alterations to the work shall be permissible only with the consent of the joint authors. However, a joint author may not unreasonably refuse his consent to the publication, exploitation or alteration of the work. Each joint author shall be entitled to assert claims arising from infringements of the joint copyright; however, he may demand payment only on behalf of all joint authors.







(3) The proceeds resulting from the utilization of the work shall accrue to the joint authors in proportion to the extent of their respective contributions to the work unless otherwise agreed between them.







(4) A joint author may renounce his share of the exploitation rights (Article 15). The other joint authors shall be notified of renunciation. Notification shall imply that the share accrues to the other joint authors.







(Authors of Compound Works)







Art. 9. If several authors have combined their works for exploitation in common, each of them may require from the others their consent to the publication, exploitation or alteration of the compound works, if such consent may be reasonably demanded of them.







(Presumption of Authorship)







Art. 10.—







(1) In the absence of proof to the contrary, the person designated in the customary manner as the author on copies of a work which has been published or on the original of a work of fine art shall be deemed the author of the work; the same shall apply to a designation which is known as the author’s pseudonym or the artist’s mark.







(2) Where the author is not designated as provided in





Section IV
Scope of Copyright








1. GENERAL







Art. 11. Copyright shall protect the author with respect to his intellectual and personal relationship with his work, and also with respect to utilization of his work.







2. MORAL RIGHTS OF AUTHORS







(Right of Publication)







Art. 12.—







(1) The author shall have the right to decide whether and how his work is to be published.







(2) The author shall have the exclusive right to publicly communicate or describe the content of his work for as long as neither the work nor its essence nor a description of the work has been published with his consent.







(Recognition of Authorship)







Art. 13. The author shall have the right of recognition of his authorship of the work. He may decide whether the work is to bear an author’s designation and what designation is to be used.







(Distortion of the Work)







Art. 14. The author shall have the right to prohibit any distortion or any other mutilation of his work which would jeopardize his legitimate intellectual or personal interests in the work.







3. EXPLOITATION RIGHTS







(General)







Art. 15.—







(1) The author shall have the exclusive right to exploit his work in material form; his right shall comprise in particular:







1.     the right of reproduction (Article 16);







2.     the right of distribution (Article 17);







3.     the right of exhibition (Article 18).







(2) The author shall further have the exclusive right to communicate his work to the public in non-material form (right of communication to the public); his right shall comprise in particular:







1.     the right of recitation, performance and presentation (Article 19);







2.     the right of broadcasting (Article 20);







3.     the right of communication by means of video or audio recordings (Article 21);







4.     the right of communication of broadcasts (Article 22).







(3) The communication of a work shall be deemed public if it is intended for a plurality of persons, unless such persons form a clearly defined group and are connected by personal relationship with each other or with the organizer.







(Right of Reproduction)







Art. 16.—







(1) The right of reproduction is the right to make copies of the work by whatever method and in whatever quantity.







(2) Reproduction of a work shall also be constituted by the fixation of the work on devices which permit the repeated communication of sequences of images or sounds (video or audio recording mediums) whether by recording a communication of the work on a video or audio medium or by transferring the work from one medium to another.







(Distribution Right)







Art. 17.—







(1) The distribution right shall be the right to offer to the public or to put into circulation an original work or copies thereof.







(2) If an original work or copies thereof have been put into circulation by way of sale with the consent of the person entitled to distribute the work in the territory of the European Union or of another contracting Party to the Agreement on the European Economic Area, their future distribution shall be permissible, with the exception of rental.







(3) For the purposes of this Law, “rental” means making available for use for a limited period of time and for direct or indirect commercial purposes. However, the making available of original works or copies thereof,







1.     of architecture and of applied art or







2.     under an employment or service relationship for the exclusive purpose of being used in execution of duties under the employment or service relationship







shall not be deemed to be rental.







(Amended by the Law of June 23, 1995)







(Right of Exhibition)







Art. 18. The right of exhibition is the right to place on public view the original or copies of an unpublished work of fine art or of an unpublished photographic work.







(Right of Recitation, Performance and Presentation)







Art. 19.—







(1) The right of recitation is the right of live delivery to the public of a work of language.







(2) The right of performance is the right of live performance to the public of a musical work or of public performance of a work on the stage.







(3) The right of recitation and performance encompasses the right to make recitations and performances perceivable to the public by screen, loudspeaker or similar technical device, in a place other than that in which the live rendering takes place.







(4) The right of presentation is the right to make a work of fine art, a photographic work, a cinematographic work, or illustrations of a scientific or technical character perceivable to the public by means of technical devices. The right of presentation does not include the right to make the broadcast of such works perceivable to the public (Article 22).







(Right of Broadcasting)







Art. 20. The right of broadcasting is the right to make a work accessible to the public by broadcasting, such as radio or television transmission, or by wire or by other similar technical devices.







(Right of Communication by Video or Audio Recordings)







Art. 21. The right of communication by audio or video recordings is the right to make recitations or performances of a work perceivable to the public by means of video or audio recordings.





(Right of Communication of Broadcasts)







Art. 22. The right of communication of broadcasts is the right to make broadcasts of a work perceivable to the public by means of screen, loudspeaker or similar technical device.





(Adaptations and Transformations)







Art. 23. Adaptations or other transformations of a work may be published or exploited only with the consent of the author of the adapted or transformed work. In the case of cinematographic adaptations of a work, of the execution of plans and sketches for a work of fine art, or of copies of an architectural work, the author’s consent shall be required for the making of such adaptation or transformation.







(Free Use)







Art. 24.—







(1) An independent work created by free use of the work of another person may be published and exploited without the consent of the author of the used work.







(2)





4. OTHER RIGHTS OF AUTHORS







(Access to Works)







Art. 25.—







(1) The author may require the owner of the original or of a copy of his work to afford him access to the original or the copy, provided it is necessary for making reproductions or adaptations of the work and is not opposed by any legitimate interest of the owner.







(2) The owner shall not be required to surrender the original or the copy to the author.







(Resale Royalty Right)







Art. 26.—







(1) If the original of a work of fine art is resold and if an art dealer or an auctioneer is involved as purchaser, vendor or agent, the vendor shall pay to the author a share amounting to five percent of the selling price. There shall be no such obligation if the selling price is less than 100 German marks.







(2) The author may not waive his right to his share in advance. The expectancy may not be enforced; any disposition of the expectancy shall be without legal effect.







(3) The author may require an art dealer or auctioneer to provide information on the originals of the author’s works that have been resold through the intermediary of the art dealer or auctioneer during the last calendar year having elapsed prior to the request for information.







(4) Where necessary to assert his claim against the vendor, the author may require the art dealer or auctioneer to provide information on the name and address of the vendor and the amount of the selling price. The art dealer or auctioneer may refuse information on the name and address of the vendor if he pays the share due to the author.







(5) The claims under (4) may only be asserted through a collecting society.







(6) Where there exists reasonable doubt as to the accuracy or completeness of the information provided in accordance with (4), the collecting society may demand that access to the account books or to other documents be granted, at the choice of the party obliged to provide the information, either to the collecting society or to a chartered accountant or sworn auditor designated by that party, to the extent that this is necessary to ascertain the accuracy or completeness of the information. Where the information is found to be inaccurate or incomplete, the party obliged to provide the information shall pay the cost of the examination.







(7) The claims of the author shall expire after 10 years.







(8) The foregoing provisions shall not apply to architectural works and works of applied art.







(Amended by the Law of November 10, 1972.)







(Remuneration for Rental and Lending)







Art. 27.—







(1) Where an author has transferred his rental right (Article 17) in a video or audio recording to the producer of the audio recording or film, the renter shall nevertheless pay equitable remuneration for the rental to the author. The claim to remuneration may not be waived. It may be assigned in advance only to a collecting society.







(2) For the lending of original works or copies thereof in respect of which further distribution is permitted under Article 17(3) shall apply mutatis mutandis.







(3) Claims to remuneration under (2) may only be asserted through a collecting society.







(Amended by the Law of November 10, 1972, and by the Law of June 23, 1995.)







Section V
Dealings with Rights in Copyright








1. SUCCESSION TO COPYRIGHT







(Inheritance of Copyright)







Art. 28.—







(1) Copyright may be transferred by inheritance.







(2) The author may transfer the exercise of copyright to an executor by testamentary disposition. Article 2210 of the Civil Code shall not apply.







(Transfer of Copyright)







Art. 29. Copyright may be transferred in execution of a testamentary disposition or to co-heirs as part of the partition of an estate. Copyright shall not otherwise be transferable.







(Successor in Title of Author)







Art. 30. In the absence of any stipulation to the contrary, the successor in title of the author shall have the rights afforded the author by this Law.







2. EXPLOITATION RIGHTS







(Granting of Exploitation Rights)







Art. 31.—







(1) The author may grant a right to another to use the work in a particular manner or in any manner (exploitation right). An exploitation right may be granted as a non-exclusive right or as an exclusive right.







(2) A non-exclusive exploitation right shall entitle the right holder to use the work, concurrently with the author or any other entitled persons, in the manner permitted to him.







(3) An exclusive exploitation right shall entitle the right holder to use the work, to the exclusion of all other persons, including the author, in the manner permitted to him, and to grant non-exclusive exploitation rights. Article 35 remains unaffected.







(4) The grant of an exploitation right for as yet unknown types of use and any obligations in that respect shall have no legal effect.







(5) If the types of use to which the exploitation right extends have not been specifically designated when the right was granted, the scope of the exploitation right shall be determined in accordance with the purpose envisaged in making the grant.







(Limitation of Exploitation Rights)







Art. 32. An exploitation right may be limited in respect of place, time or purpose.







(Continuing Effect of Non-Exclusive Exploitation Rights)







Art. 33. A non-exclusive exploitation right which the author has granted prior to granting an exclusive exploitation right shall remain effective with respect to the holder of the exclusive exploitation right in the absence of any contrary agreement between the author and the holder of the non-exclusive exploitation right.







(Transfer of Exploitation Rights)







Art. 34.—







(1) An exploitation right may be transferred only with the author’s consent. The author may not unreasonably refuse his consent.







(2) If exploitation rights in the individual works contained in a collection are transferred together with the exploitation right in the collection (< FONT>







(3) An exploitation right may be transferred without the author’s consent if the transfer is comprised in the sale of the whole of an enterprise or the sale of parts of an enterprise.







(4) The holder of an exploitation right and the author may agree on different terms.







(5) If the transfer of an exploitation right is permissible by agreement or by law without the author’s consent, the transferee shall have joint liability for the discharge of the transferor’s obligations under his agreement with the-author.







(Grant of Non-Exclusive Exploitation Rights)







Art. 35.—







(1) The holder of an exclusive exploitation right may grant non-exclusive rights only with the author’s consent. No consent shall be required if the exclusive exploitation right was granted exclusively for the administration of the author’s interests.







(2) The provisions of (2) and





(Author’s Participation)







Art. 36.—







(1) If an author has granted an exploitation right to another party on conditions which cause the agreed consideration to be grossly disproportionate to the income from the use of the work, having regard to the whole of the relationship between the author and the other party, the latter shall be required, at the demand of the author, to assent to a change in the agreement such as will secure for the author an equitable share of the income having regard to the circumstances.







(2) Such claim shall be barred two years from the time the author obtains knowledge of the circumstances which give rise to the claim or after 10 years irrespective of such knowledge.







(3) The claim may not be waived in advance. Expectancy may not be enforced; any disposition of the expectancy shall be without legal effect.







(Agreements to Grant Exploitation Rights)







Art. 37.—







(1) If an author grants to another an exploitation right in his work, he shall be deemed in case of doubt to have retained his right to authorize the publication or exploitation of any adaptation of the work.







(2) If an author grants to another the right to reproduce his work, he shall be deemed, in doubt, to have retained his right to record his work on video or audio mediums.







(3) If an author grants to another the right to communicate his work to the public, the latter shall not be deemed, in doubt, to be entitled to make the communication perceivable to the public by screen, loudspeaker or other similar technical device other than at the event for which it is intended.







(Contributions to Collections)







Art. 38.—







(1) If an author consents to inclusion of his work in a collection which appears periodically, the publisher or editor shall be deemed in case of doubt to have acquired an exclusive right of reproduction and distribution. However, the author may otherwise reproduce and distribute the work on expiry of one year from the date of release, unless otherwise agreed.







(2) The second sentence of





(3) If a contribution is made available to a newspaper, the publisher or editor shall be deemed to have acquired a nonexclusive exploitation right, unless otherwise agreed. If the author grants an exclusive exploitation right, he shall be entitled, immediately after the appearance of the contribution, to otherwise reproduce and distribute his work, unless otherwise agreed.







(Alteration of Work)







Art. 39.—







(1) The holder of an exploitation right may not alter the work, its title or the designation of author (





(2) Alterations to the work and its title which the author cannot reasonably refuse shall be permissible.







(Agreements as to Future Works)







Art. 40.—







(1) Agreements by which an author undertakes to grant exploitation rights in future works which are in no way specified or only referred to by type shall be in writing. They may be terminated by either party after a period of five years from conclusion of the agreement. Six months notice of termination shall be given, if no shorter period has been agreed.







(2) The right of termination may not be waived in advance. Other contractual or statutory rights of termination shall remain unaffected.







(3) If exploitation rights in future works have been granted in execution of the agreement, that provision shall cease to have effect in respect of works which have not yet been supplied at such time.







(Right of Revocation for Non-Exercise)







Art. 41.—







(1) If the holder of an exclusive exploitation right does not exercise such right or exercises it insufficiently, and if thereby serious injury is caused to the author’s legitimate interests, the latter may revoke the exploitation right. This shall not apply if non-exercise or insufficient exercise is mainly due to circumstances which the author can reasonably be expected to remedy.







(2) The right of revocation may not be exercised before the expiration of two years from the grant or transfer of the exploitation right or, if the work is supplied at a later date, from the date of delivery. In the case of a contribution to a newspaper, the period shall be three months, for a contribution to a periodical appearing at monthly intervals or less, it shall be six months, and for contributions to other periodicals, one year.







(3) The right of revocation may be exercised only after the author has afforded the holder of the exploitation right, upon notifying him of the proposed revocation, an additional period of time adequate to sufficiently exercise the right. The author shall not be required to afford an additional period of time if it is impossible for the holder of the right to exercise it or if he refuses to exercise it or if the affording of an additional period of time would jeopardize predominant interests of the author.







(4) The right of revocation may not be waived in advance. Its exercise may not be precluded in advance for more than five years.







(5) The exploitation right shall terminate when the revocation takes effect.







(6) The author shall indemnify the person affected by the revocation if and to the extent required by equity.







(7) The rights and claims of the parties under other statutory provisions shall remain unaffected.







(Right of Revocation for Changed Conviction)







Art. 42.—







(1) An author may revoke an exploitation right if the work no longer reflects his conviction and he therefore can no longer be expected to agree to the exploitation of the work. The author’s successor in title (Article 30) may exercise such right of revocation only if he proves that prior to his death the author would have been entitled to revoke and was prevented from so doing or that he has done so by testamentary disposition.







(2) The right of revocation may not be waived in advance. Its exercise may not be precluded.







(3) The author must equitably indemnify the holder of the exploitation right. The indemnification must cover at least the costs which he had incurred before he was notified of revocation; however, costs attributable to uses already completed shall not be taken into account. Revocation shall not become effective until the author has reimbursed such costs or provided security therefor. The holder of the right shall communicate the amount of his costs to the author within three months after notification of revocation; if he fails to do so, the revocation shall become effective already on expiration of this period.







(4) Should the author wish to resume exploitation of the work after revocation, he shall be required to offer to the previous holder of the exploitation right the same type of right on reasonable conditions.







(5) The provisions of (7) shall apply mutatis mutandis.







(Authors in Employment or Service)







Art. 43. The provisions of this subsection shall also apply if the author has created the work in execution of his duties under a contract of employment or service provided nothing to the contrary transpires from the terms or nature of the contract of employment or service.







(Sale of the Original of a Work)







Art. 44.—







(1) If the author sells the original of a work, he shall not be deemed in case of doubt to have thereby granted an exploitation right to the acquirer.







(2) The owner of the original of a work of fine art or of a photographic work shall be entitled to exhibit the work in public, even if it has not yet been published, unless expressly excluded by the author when selling the original.







Section VI
Limitations on Copyright








(Administration of Justice and Public Safety)







Art. 45.—







(1) It shall be permissible to make or cause to be made copies of a work for use in proceedings before a court, an arbitration tribunal or a public authority.







(2) Courts, arbitration tribunals and public authorities may, for the purposes of administration of justice and public safety, reproduce portraits or cause portraits to be reproduced.







(3) The distribution, public exhibition and public communication of such works shall be permissible under the same conditions as for their reproduction.







(Collections for Religious, School or Instructional Use)







Art. 46.—







(1) Reproduction and distribution shall be permissible where limited parts of works, of works of language and of musical works, individual works of fine art or individual photographs are incorporated after their publication in a collection which assembles the works of a considerable number of authors and is intended, by its nature, exclusively for religious, school or instructional use. The purpose for which the collection is to be used shall be clearly stated on the title page or some other appropriate place.







(2)





(3) Reproduction may begin only if the intention to exercise the rights afforded by





(4) The author shall be paid equitable remuneration for the reproduction and distribution.







(5) An author may prohibit reproduction and distribution if the work no longer reflects his conviction and he can therefore no longer be expected to agree to the exploitation of his work and he has for that reason revoked any existing exploitation right (Article 42). The provisions of Article 136(1) and (2) shall be applicable mutatis mutandis.







(Amended by the Law of November 10, 1972.)







(School Broadcasts)







Art. 47.—







(1) Schools and institutions for the training and further training of teachers may make individual copies of works which are included in a school broadcast by recording the works on a video or audio medium. The same shall apply to youth welfare homes and to the official provincial pictorial materials services or comparable publicly owned institutions.







(2) The video or audio recordings may be used only for instructional purposes. They must be destroyed not later than the end of the school year following the transmission of the school broadcast, unless equitable remuneration has been paid to the author.







(Amended by the Law of June 24, 1985.)







(Public Speeches)







Art. 48.—







(1) It shall be permissible







1.     to reproduce and distribute in newspapers, periodicals or other information journals which mainly record current events, speeches on issues of the day made at public meetings or in broadcasting and to communicate such speeches to the public;







2.     to reproduce, distribute and communicate to the public speeches made at public proceedings in State, local government or religious bodies.







(2) It shall not be permissible, however, to reproduce and distribute the speeches referred to in paragraph (1), item 2, in the form of a collection containing predominantly speeches by the same author.







(Newspaper Articles and Broadcast Commentaries)







Art. 49.—







(1) It shall be permissible to reproduce and distribute individual broadcast commentaries and individual articles from newspapers and other information journals devoted solely to issues of the day in other newspapers or journals of like kind and to communicate such commentaries and articles to the public, if they concern political, economic or religious issues of the day and do not contain a statement reserving rights. The author shall be paid equitable remuneration for reproduction, distribution and public communication, unless short extracts from a number of commentaries or articles are reproduced, distributed or publicly communicated in the form of an overview. Claims may be asserted by a collecting society only.







(2) It shall be permissible, without limitation, to reproduce, distribute and publicly communicate miscellaneous information relating to facts or news of the day which have been publicly disseminated by the press or by broadcasting; this provision shall not affect any protection afforded by other provisions of law.







(Amended by the Law of June 24, 1985.)







(Visual and Sound Reporting)







Art. 50. For the purposes of visual and sound reporting on events of the day by broadcast or film and in newspapers or periodicals mainly devoted to current events, works which become perceivable in the course of the events which are being reported on may be reproduced, distributed and publicly communicated to the extent justified by the purpose of the report.







(Quotations)







Art. 51. Reproduction, distribution and communication to the public shall be permitted, to the extent justified by the purpose, where







1.     individual works are included after their publication in an independent scientific work to illustrate its contents;







2.     passages from a work are quoted after its publication in .an independent work of language;







3.     individual passages from a published musical work are quoted in an independent musical work.







(Public Communication)







Art. 52.—







(1) The public communication of a published work shall be permissible if the communication serves no gainful purpose on the part of the organizer, spectators are admitted free of charge and, in the case of recitation or performance of the work, none of the performers (Article 73) receive special remuneration. An equitable remuneration shall be paid for the communication. The obligation to pay remuneration shall not apply in respect of events organized by the Youth Welfare Service, the Social Welfare Service, the Old Persons Welfare Service, the Prisoners Welfare Service and for school events, on condition that in accordance with their social or educational purpose they are only accessible for a specifically limited circle of persons. This shall not apply if the event serves the gainful purpose of a third party; in such case, the third party shall be required to pay the remuneration.







(2) The public communication of a published work shall be permissible at a religious service or a celebration of the churches or religious communities. However, the organizer shall pay the author an equitable remuneration.







(3) Public stage performances and broadcasts of a work and public presentations of cinematographic works shall in all cases be permissible only with the consent of the copyright owner.







(Amended by the Law of June 24, 1985.)







(Reproduction for Private and Other Personal Uses)







Art. 53.—







(1) It shall be permissible to make single copies of a work for private use. A person authorized to make such copies may also cause such copies to be made by another person; however, this shall apply to the transfer of works to video or audio recording mediums and to the reproduction of works of fine art only if no payment is received therefor.







(2) It shall be permissible to make or to cause to be made single copies of a work







1.     for personal scientific use, if and to the extent that such reproduction is necessary for the purpose,







2.     to be included in personal files, if and to the extent that reproduction for this purpose is necessary and if a personal copy of the work is used as the model for reproduction,







3.     for personal information concerning current events, in the case of a broadcast work,







4.     for other personal uses,







(a)     in the case of small parts of published works or individual contributions that have been published in newspapers or periodicals,







(b)     in the case of a work that has been out of print for at least two years.







(3) It shall be permissible to make or to cause to be made copies of small parts of a printed work or of individual contributions published in newspapers or periodicals for personal use,







1.     in teaching, in non-commercial institutions of education and further education or in institutions of vocational education in a quantity required for one school class or







2.     for State examinations and examinations in schools, universities, non-commercial institutions of education and further education and in vocational education in the required quantity, if and to the extent that such reproduction is necessary for this purpose.







(4) Reproduction







(a)     of graphic recordings of musical works,







(b)     of a book or a periodical in the case of essentially complete copies, shall only be permissible, where not carried out by manual copying, with the consent of the copyright owner or in accordance with paragraph (2), item 2, or for personal use in the case of a work that has been out of print for at least two years.







(5) Copies may neither be disseminated nor used for public communication. It shall be permissible, however, to lend out lawfully made copies of newspapers and works that are out of print or such copies in which small damaged or lost parts have been replaced with reproduced copies.







(6) The recording of public lectures, representations or performances of works on video or audio recording mediums, the realization of plans and sketches for works of fine art, and the reproduction of works of architecture shall only be permissible with the consent of the copyright owner.







(Amended by the Law of June 24, 1985, and by the Law of June 9, 1993.)







(Obligation to Pay Remuneration for Reproduction by Means of Video and Audio Recording)







Art. 54.—







(1) Where the nature of a work makes it probable that it will be reproduced by the recording of broadcasts on video or audio recording mediums or by transfer from one recording medium to another in accordance with (2), the author of the work shall be entitled to payment of equitable remuneration from the manufacturers







1.     of appliances and







2.     of video or audio recording mediums







that are obviously intended for the making of such reproductions, in respect of the possibility of making such reproductions that is created by the sale of the appliances and of the video or audio recording mediums. In addition to the manufacturer, any person who commercially imports or reimports such appliances or such video or audio recording mediums into the territory to which this Law applies or who deals therein shall be jointly liable. A dealer shall not be liable if he procures in one half calendar year video or audio recording mediums with less than 6,000 hours of playing time and less than 100 appliances.







(2) The importer shall be the person who introduces the appliances or the video or audio recording mediums, or causes them to be introduced, into the territory to which this Law applies. Where the importing is based on a contract with a person foreign to that territory, the importer shall be that contractual party alone who is domiciled in the territory to which this Law applies, in so far as he is commercially active. Any person who acts simply as forwarding agent, carrier or the like in the introduction of the goods shall not be considered the importer. A person who introduces goods from third countries, or causes them to be introduced, into a free zone or a free warehouse in accordance with Article 166 of Council Regulation (EEC) No. 2913/92 of 12 October, 1992 establishing the Community Customs Code (OJ No. L 302, p. 1) shall only be deemed the importer if the items are used in that territory or if they are released for free circulation for customs purposes.







(Amended by the Law of June 24, 1985, by the Law of March 7, 1990 and by the Law of July 25, 1994.)







(Obligation to Pay Remuneration for Reproduction by Means of Photocopying)







Art. 54a.—







(1) Where the nature of a work is such that it may be expected to be reproduced in accordance with (3) by the photocopying of a copy or by some other process having similar effect, the author of the work shall be entitled to payment of equitable remuneration from the manufacturer of appliances intended for the making of such reproductions, in respect of the possibility created by the sale or other placing on the market of the appliances. In addition to the manufacturer, any person who commercially imports or reimports such appliances into the territory to which this Law applies or who deals therein shall be jointly liable. A dealer shall not be liable if he procures less than 20 appliances in one half calendar year.







(2) Where appliances of such type are operated in schools, universities or vocational training institutions or other educational and further education institutions (educational institutions), research institutions, public libraries or in institutions which have available appliances for the making of photocopies on payment, the author shall also be entitled to payment of equitable remuneration from the operator of the appliance.







(3) (Added by the Law of July 25, 1994.)







(Inapplicability of the Dealer’s Obligation to Pay Remuneration)







Art. 54b. The dealer’s obligation to pay remuneration (Article 54a(1)) shall not apply,







1.     where a person required to pay the remuneration, from whom the dealer obtains the appliances or the video or audio recording mediums, is bound by an inclusive contract concerning the remuneration or







2.     if the dealer notifies the receiving office designated in accordance with Article 54h(3) in writing of the nature and quantity of the appliances and video or audio recording mediums received and of his source of supply by January 10 and July 10 for each preceding half calendar year.







(Added by the Law of July 25, 1994.)







(Inapplicability of the Obligation to Pay Remuneration on Export)







Art. 54c. The claim under Article 54a(1) shall not apply where it is probably under the circumstances that the appliances or the video or audio recording mediums will not be used to make reproductions within the territory to which this Law applies.







(Added by the Law of July 25, 1994.)







(Amount of Remuneration)







Art. 54d.—







(1) The amounts set out in the Article 54a(1) and (2) where not otherwise agreed.







(2) The amount of the total remuneration to be paid by the operator under Article 54a(2) shall depend on the type and extent of utilization of the appliance that is to be expected in view of the circumstances, particularly the location and the habitual use.







(Added by the Law of July 25, 1994.)







(Obligation to Refer in Invoices to Copyright Remuneration)







Art. 54e.—







(1) Invoices for the sale or other placing on the market of appliances under Article 54a(1) shall make reference to the copyright remuneration due for the appliance.







(2) Invoices for the sale or other placing on the market of appliances or video or audio recording mediums referred to in (Added by the Law of July 25, 1994.)







(Obligation to Report)







Art. 54f.—







(1) Any person who commercially imports or reimports appliances or video or audio recording mediums that are obviously intended for the making of reproductions by means of video and audio recording into the territory to which this Law applies shall have the obligation in respect of the author to report in writing the nature and quantity of the items imported to the receiving office designated in accordance with Article 54h(3) monthly by the tenth day after the expiry of each calendar month.







(2) Paragraph (1) shall apply mutatis mutandis to appliances intended for making reproductions by photocopying a copy or by any procedure having a similar effect.







(3) Where the person required to report does not satisfy the obligation to report or only does so incompletely or otherwise incorrectly, twice the rate of remuneration may be required.







(Added by the Law of July 25, 1994.)







(Obligation to Provide Information)







Art. 54g.—







(1) The author may require information from those persons required to pay  Article 54a(1) as to the nature and quantity of appliances and video or audio recording mediums sold or otherwise put into circulation on the territory to which this Law applies. The dealer’s obligation to provide information shall also extend to naming his sources of supply; it shall also subsist in the cases under the third sentence of Article 54a(1) and of Article 54b, item 1.





(2) The author may require information necessary to assess the remuneration from the operator of an appliance in an institution within the meaning of the first sentence of Article 54a(2).







(3) Where the person required to give information fails to satisfy the obligation or only satisfies it incompletely or otherwise incorrectly, twice the rate of remuneration may be required.







(Added by the Law of July 25, 1994.)







(Collecting Societies; Handling of Reports)







Art. 54h.—







(1) Claims under Articles 54, 54f(3) and





(2) Each copyright owner shall be entitled to an equitable share in the remuneration paid under Articles 54 and





(3) The collecting societies shall designate a joint receiving office to receive communications made in accordance with 54f in each case for the claims to remuneration under Article 54a(1) to the Patent Office. The Patent Office shall publish them in the Federal Gazette.







(4) The Patent Office may publish models for the reports in accordance with Articles 54b, item 2, and





(5) The collecting societies and the receiving office may only use the information received in accordance with Article 54b, item 2, 54g for the purpose of asserting claims under paragraph (1).







(Added by the Law of July 25, 1994.)







(Reproduction by Broadcasting Organizations)







Art. 55.—







(1) A broadcasting organization entitled to broadcast a work shall have the right to record the work by means of its own facilities on video or audio recording mediums in order to use them once only for broadcasting over each of its transmitters or relay stations. Such video or audio recordings must be destroyed not later than one month after the first broadcast of the work.







(2) Video or audio recordings of an exceptional documentary nature need not be destroyed if they are placed in an official archive. The author shall be notified without delay of their deposit in such archive.







(Reproduction and Public Communication by Commercial Enterprises)







Art. 56.—







(1) Commercial enterprises which sell video or audio recordings or appliances for making or communicating such recordings, or appliances for the reception of broadcasts, or which repair them, may record works on video or audio mediums and may publicly communicate video or audio recordings or make broadcast works perceivable to the public where necessary to demonstrate such appliances and devices to customers or to repair such appliances.







(2) Video or audio recordings made pursuant to





(Incidental Works)







Art. 57. It shall be permissible to reproduce, distribute and publicly communicate works if they may be regarded as insignificant and incidental with regard to the actual subject of the reproduction, distribution or public communication.







(Catalog Illustrations)







Art. 58. It shall be permissible to reproduce and distribute works of fine art which are exhibited in public or intended for public exhibition or auction in catalogs which are issued by the organizer for the purpose of the exhibition or auction.







(Works in Public Places)







Art. 59.—







(1) It shall be permissible to reproduce, by painting, drawing, photography or cinematography, works which are permanently located on public ways, streets or places and to distribute and publicly communicate such copies. For works of architecture, this provision shall be applicable only to the external appearance.







(2) Reproductions may not be carried out on a work of architecture.







(Portraits)







Art. 60.—







(1) The commissioner of a portrait or his successor in title may reproduce it or cause it to be reproduced by photography. If the portrait is a photographic work, reproduction other than by photography shall also be permissible. The copies may be distributed without payment.







(2) The same rights shall be enjoyed by the person portrayed or, after his death, by his next of kin in the case of a portrait created on commission.







(3) Next of kin in the sense of





(Compulsory License for the Production of Audio Recordings)







Art. 61.—







(1) If a producer of audio recordings has been granted an exploitation right in a musical work entitling him to record the work on an audio medium and to reproduce and distribute that recording for commercial purposes, the author shall be required to grant an exploitation right with the same content on reasonable conditions to any other producer of audio recordings whose main establishment or whose domicile is located on the territory to which this Law applies; this provision shall not apply if the exploitation right referred to is lawfully administered by a collecting society or if the work no longer reflects the author’s conviction and he therefore can no longer be expected to agree to the exploitation of his work and he has for that reason revoked any existing exploitation right. The author shall not be required to authorize the use of the work in the production of a cinematographic work.







(2) The provisions of





(3) An exploitation right granted under the foregoing provisions shall have effect only on the territory to which this Law applies and for export to States in which the work does not enjoy protection against recording on audio mediums.







(4) If the author has granted the exclusive exploitation right to another person entitling him to record the work for commercial purposes on audio recording mediums and to reproduce and distribute those recordings, the foregoing provisions shall be applicable except that the holder of the exclusive exploitation right shall be required to grant the exploitation right referred to in





(5) The foregoing provisions shall be applicable mutatis mutandis to a work of language employed as the text of a musical work, if the author of the work of language has granted to a producer of audio recordings a right to record the work in conjunction with the musical work and to reproduce and distribute such recordings.







(6) Actions claiming the grant of exploitation rights shall be heard in those cases where neither the author nor, in the case referred to in





(7) The foregoing provisions shall not apply if the exploitation right referred to in





(Prohibition of Alteration)







Art. 62.—







(1) Where the use of a work is permissible under the provisions of this Section, no alteration may be made to the work. Article 39 shall be applicable mutatis mutandis.







(2) Where the purpose of the use may demand, it shall be permissible to make translations and such alterations to the work as amount merely to extracts or to transpositions into another key or pitch.







(3) With respect to works of fine art and photographic works, conversion to a different scale and other alterations of the work shall be permissible to the extent required by the method of reproduction.







(4) In the case of collections for religious, school and instructional use (Article 46), such alterations of works of language shall be permissible as are necessary for religious, school and instructional use, in addition to the alterations permitted under (3). However, such alterations shall require the consent of the author or, after his death, of his successor in title (Article 30) if the latter is a next of kin of the author ((Amended by the Law of November 10, 1972.)







(Acknowledgment of Source)







Art. 63.—







(1) If a work or part of a work is reproduced pursuant to





(2) Where the provisions of this Section permit the public communication of a work, the source must be clearly acknowledged if and where trade practice so requires.







(3) If an article from a newspaper or other information journal is reproduced in another newspaper or other such information journal, or is broadcast, under Article 49(1), the broadcasting organization which transmitted the commentary shall in all cases be acknowledged in addition to the author.







Section VII
Duration of Copyright








(General)







Art. 64. Copyright shall expire 70 years after the author’s death.







(Amended by the Law of June 23, 1995.)







(Joint Authors, Cinematographic Works)







Art. 65.—







(1) If copyright is owned by several joint authors ( 70 years after the death of the last surviving author.







(2) In the case of cinematographic works and works and works produced in a way similar to cinematographic works, copyright shall expire 70 years after the death of the last survivor of the following persons: the principal director, the author of the screenplay, the author of the dialogue, the composer of music composed for the cinematographic work concerned.







(Amended by the Law of June 23, 1995.)







(Anonymous and Pseudonymous Works)







Art. 66.—







(1) In the case of anonymous and pseudonymous works, copyright shall expire 70 years after publication. However, it shall expire 70 years already after the creation of the work if the work has not been published within that period.







(2) If the author reveals his identity within the period referred to in the first sentence of Article 138) within the period referred to in he first sentence of





(3) The acts under Article 28(2)).







(Amended by the Law of June 23, 1995.)







(Serial Works)







Art. 67. In the case of works published in parts which are not self-contained (installments), the calculation of the term of protection in the case referred to in the first sentence of (Amended by the Law of June 23, 1995.)







(Repealed)







Art. 68. (Repealed by the Law of June 24, 1985.)







(Calculation of Time Limits)







Art. 69. The time limits specified in this Section shall begin with the end of the calendar year in which the event which determines the beginning of the time limit has occurred.







Section VIII
Special Provisions on Computer Programs








(Object of Protection)







Art. 69a.—







(1) For the purposes of this Law, computer programs shall mean programs in any form, including their design material.







(2) The protection afforded shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, shall not be protected.







(3) Computer programs shall be protected if they constitute original works in the sense that they are the result of their author’s own intellectual creation. No other criteria, particularly of a qualitative or aesthetic nature, shall be applied to determine their eligibility for protection.







(4) The provisions on works of language shall apply to computer programs where not otherwise provided in this Section.







(Authors in Employment or Service)







Art. 69b.







(1) Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer exclusively shall be entitled to exercise all the economic rights in the program, unless otherwise agreed.







(2) Paragraph (1) shall apply mutatis mutandis to service relationships.







(Restricted Acts)







Art. 69c. The right holder shall have the exclusive right to do or to authorize:







1.     the permanent or temporary reproduction of a computer program by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the computer program necessitate such reproduction, such acts shall be subject to authorization by the right holder;







2.     the translation, adaptation, arrangement or any other alteration of a computer program and the reproduction of the results thereof. The rights of the person who alters the program shall remain unaffected;







3.     any form of distribution of the original of a computer program or of copies thereof, including rental. Where a copy of a computer program is put into circulation by way of sale on the territory of the European Communities or of another Contracting State of the Convention Concerning the European Economic Area with the consent of the right holder, the distribution right in respect of that copy shall be exhausted, with the exception of the rental right.







(Amended by the Law of September 27, 1993.)







(Exceptions to the Restricted Acts)







Art. 69d.—







(1) In the absence of specific contractual provisions, the acts referred to in items 1 and 2 of Article 69c shall not require authorization by the right holder where they are necessary for the use of the computer program by any person entitled to use a copy of the program in accordance with its intended purpose, including for error correction.







(2) The making of a back-up copy by a person having a right to use the computer program may not be prevented by contract insofar as it is necessary to ensure future use.







(3) The person having a right to use a copy of a program shall be entitled, without the authorization of the right holder, to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.







(Decompilation)







Art. 69e.—







(1) The authorization of the right holder shall not be required where reproduction of the code and translation of its form within the meaning of items 1 and 2 of Article 69c are indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that the following conditions are met:







1.     these acts are performed by the licensee or by another person having a right to use a copy of a program, or on their behalf by a person authorized to do so;







2.     the information necessary to achieve interoperability has not previously been readily available to the persons referred to in item 1;







3.     these acts are confined to the parts of the original program which are necessary to achieve interoperability.







(2) Information obtained by means of acts under paragraph (1) may not







1.     be used for goals other than to achieve the interoperability of the independently created computer program,







2.     be given to others, except when necessary for the interoperability of the independently created computer program,







3.     be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.







(3) Paragraphs (1) and (2) shall be interpreted in such a way that their application neither impairs the normal exploitation of the work nor unreasonably prejudices the right holder’s legitimate interests.







(Infringement of Rights)







Art. 69f.—







(1) The right holder may require from their owners or proprietors that all unlawfully manufactured or distributed copies or all copies intended for unlawful distribution be destroyed. (3) shall apply mutatis mutandis.







(2) Paragraph (1) shall apply mutatis mutandis to any means of which the sole intended purpose is to facilitate the unauthorized removal or circumvention of any technical device which may have been applied to protect a computer program.







(Application of Other Legal Provisions; Law of Contract)







Art. 69g.—







(1) The provisions of this Section shall not prejudice the application of other statutory provisions to computer programs, particularly those concerning the protection of inventions, topographies of semiconductor products, trademarks and unfair competition, including the protection of business and works secrets as also agreements under the law of obligations.







(2) Any contractual provisions contrary to Article 69d(2) and (3) and (Section VIII added by the Law of June 9, 1993 and amended by the Law of October 25, 1994.)







PART II
NEIGHBORING RIGHTS








Section I
Protection of Certain Editions








(Scientific Editions)







Art. 70.—