Upon receipt of the request, the BZSt checks whether the conditions for the execution of a mutual agreement procedure are met. The transnational part of a mutual agreement procedure is carried out only if the request is admissible and sufficiently substantiated and if no satisfactory solution can be found in Germany. (2) If the copyright was transferred in whole or in part to another person before the entry into force of this Law, the transfer shall also extend in case of doubt to the period during which the term of protection provided for in §§ 64 to 66 was extended. The same shall apply mutatis mutandis if another person has been authorized to exercise a right to which the author is entitled before the entry into force of this Law. (5) The author is entitled to a separate appropriate remuneration if the other person commences a new type of use in accordance with paragraph 1 which was not yet known at the time of the conclusion of the contract. Article 32(2) and (4) shall apply mutatis mutandis. Claims can only be made through a collecting society. If the other contractual partner has transferred the right of use to a third party, the third party is liable for a royalty at the beginning of the new type of use of the author`s work. The responsibility of the other person does not apply.

(2) The claims referred to in paragraph 1 shall not entitle the rightholder to film the work again. The author has the right to exploit his work in any other way after the expiry of a period of 10 years after the conclusion of the contract. A derogation from sentence 2 to the detriment of the author is only possible through an agreement based on a collective agreement (§ 36) or a collective agreement. (4) The technological measures applied to fulfil the obligations laid down in paragraph 1, including measures for the implementation of voluntary agreements, shall enjoy the legal protection afforded by the provisions of § 95a. 2.is member of an association of users of a work which has drawn up the collective remuneration agreement. (2a) Articles 31, 32 to 32b, 32d to 40, 41, 42 and 43 shall apply mutatis mutandis to transfers of rights and rights pursuant to paragraph 1 and to transfers pursuant to paragraph 2. (4) The author of a scientific contribution resulting from research activities of which at least half has been publicly funded and which has been reprinted in a collection, which is regularly published at least twice a year, shall also have the right, if he has granted the publisher or publisher an exclusive right of use, to make the contribution available to the public in the accepted manuscript after 12 months after the first publication. Version, unless it serves a commercial purpose. The source of the first publication must be indicated. A derogation agreement to the detriment of the author is ineffective. (2) If an original or reproduction of a work or video or sound recording was acquired before 30 June 1995 or if a third party has been authorised to use it for rental purposes, the consent of the holder of the rental right required for rental after that date (§§ 17, 77 paras.

2 sentences 1 and §§ 85 and 94) shall be deemed to have been granted. The lessor shall pay equitable remuneration to each of those rightholders; Article 27(1), sentences 2 and 3, on the claims of authors and performers, and Article 27,3, shall apply accordingly. § 137d is not affected. which were produced by public service broadcasters before 1 January 2003 and which form part of their collection shall also be authorised by public service broadcasters under the conditions laid down in Article 61(2) to (5). §§ 61a and 61b apply accordingly. (2) The right of withdrawal does not exist if the parties have agreed on remuneration in accordance with § 32c (1) when the new type of use is known. The right of withdrawal does not apply even if the parties have agreed on remuneration under a joint remuneration agreement. The right of revocation expires with the death of the author. (3) If the parties have agreed, the procedure for drawing up joint remuneration agreements shall be conducted before the arbitration board (§ 36a). The proceedings shall be conducted at the written request of one of the parties if the performance of the performer is organised by an enterprise which is entitled to both the performer and the owner of the enterprise under the first sentence of Article 77(1) and (2) and Article 78(1). Articles 10 (1), § 31 as well as § 33 and 38 shall apply accordingly. 2.to to the extent that the Agreement covers essential acts of use in the territory to which this Law applies.

Information necessary to request a mutual agreement procedure under the EU arbitration agreement (2a) A joint remuneration agreement may also serve as a basis for determining equitable remuneration in the case of contracts concluded before its temporal scope. Principles for the examination of the distribution of income between related parties in cross-border business relationships with regard to the obligation to investigate and cooperate, for correction as well as for mutual agreement and eu arbitration (administrative principle procedure) The BZSt collects for mutual mutual agreement procedures (with the exception of prior agreement agreements; see brochure pre-understanding agreements). . . .

About Author

blackk