WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIIIDEU/CIl 
28 May 1996 
(96-1974) 
Original: Englishl 
anglais/ 
inglés 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
Gennany 
The present document reproducesl the Law dealing with Copyright and Related Rights (Copyright 
Law) of 9 September 1965, as last amended by Law of 23 June 1995, as notified by Gennany under 
Article 63.2 of the Agreement (see document IP/N/lIDEU/l/Rev.I). 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Allemagne 
Le présent document contient le textel de la Loi du 9 septembre 1965 relative au droit d'auteur 
et aux droits connexes (Loi sur le droit d'auteur), modifiée en dernier lieu par la Loi du 23 juin 1995, 
notifiée par l'Allemagne au titre de l'article 63: 2 de l'Accord (voir le document IP IN / 1/D EU / 1/Rev .1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÂRRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
Alemania 
El presente documento reproducel la Ley de Derecho de Autor y Derechos Conexos, de 9 de 
septiembre de 1965, con las l1ltimas modificaciones introducidas por la Ley de 23 de junio de 1995, 
notificada por Alemania en virtud de 10 dispuesto en el pârrafo 2 deI articulo 63 deI Acuerdo (véase 
el documento IP/N/lIDEU/lIRev.l). 
lEnglish only/anglais seulement/en inglés solamente. IP/N/lIDEU/C/l 
Page 2 
GERMANY 
LAW DEALING WITH COPYRIGHT AND RELATED RIGHTS 
(COPYRIGHT LAW) 
(Text of September 9, 1965, 
as last amended by the Law of June 23, 1995) 
(Translation by the International Bureau of WIPO, completed by 
the German authorities with regard to Amendments by the Law of 
October 25, 1994, and by the Law of June 23, 1995) 
Part l copyright 
SECTION l GENERAL 
Article 1 
Authors of literary, scientific and artistic works shall enjoy 
protection for their works in accordance with this Law. 
SECTION II WORKS 
Article 2 Protected Works 
(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 wbrks of architecture and of 
applied art and plans for such works; 
5. photographie works, including works produced by processes 
similiar to cinematographYi IP/N/lIDEU/C/l 
Page 3 
6. illustrations of a scientific or technical nature, such as 
drawings, plans, maps, sketches, tables and three­
dimensional representations. 
(2) Personal intellectual creations al one shall constitute 
works within the meaning of this Law. 
(Amended by the Law of June 9, 1993.) 
Article 3 Adaptations 
Translations and other adaptations of a work which constitute 
personal intellectual creations of the adapter shall enjoy 
protection as independent werks without prejudice te copyright 
in the work that has been adapted. Insignificant adap~ations of 
a non-protected musical work shall not enjoy protection as 
independent works. 
(Amended by the Law of June 24, 1985.) 
Article 4 Collections 
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. 
Article 5 Official Works 
(1) Laws, ordinances, official decrees and notices as also 
decisions and official grounds of decisions shall not enjoy 
copyright protection. IP/N/lIDEU/CIl 
Page 4 
(2) The same shall apply to other official works published in 
the official interest for public information, with the 
condition that the provisions of Article 62(1) to (3) and 
Article 63(1) and (2) concerning prohibited alterations and 
acknowledgment of sources shall apply mutatis mutandis. 
Article 6 Published Works and Released Works 
(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 
Article 7 Author 
The person who creates the work shall be deemed the author. 
Article 8 Joint Authors 
(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 per.missible only with the consent of the joint 
authors. However, a joint author may not unreasonably refuse IP/N/lIDEU/C/1 
Page 5 
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 aIl 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. 
Article 9 Authors of Compound Works 
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. 
Article 10 Presumption of Authorship 
(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; thesame 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 paragraph 
(1), it shall be presumed that the person designated as the 
editor on the copies of the work is entitled to as sert the 
author's rights. Where no editor is designated, it shall be 
presumed that the publisher is entitled. IP/N/l/DEU/e/1 
Page 6 
Article 11 SECTION IV SCOPE OF COPYRIGHT 
1. General 
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 
Article 12 Right of Publication 
(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. 
Article 13 Recognition of Authorship 
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 w~at designation is to be 
used. Article 14 Distortion of the Work IP/N/lIDEU/C/l 
Page 7 
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 
Article 15 General 
(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 relation­
ship with each other or with the organizer. IPINIl/DEUICI 1 
Page 8 
Article 16 Right of.Reproduction 
(l) 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. 
Article 17 Distribution Right 
(1) The distribution right is the right to offer to the pUblic 
or to put into circulation the original work or copies thereof. 
(2) If the original work or copies thereof have been put into 
circulation in the territory of the European Union or of 
another Contracting State of the Convention Concerning the 
European Economie Area through sale thereof with the consent of 
the holder of the distribution right, their further 
distribution shall be permissible with the exeption of rentaI. 
(3) In the meaning of the provisions of this Law, rentaI shall 
be the temporary making available for use for the purposes of 
directly or indirectly making profits. However, making 
available the following original works or copies thereof shall 
not he deemed to constitute rentaI 
1. edifices and works of applied art, or 
2. in the context of a work or service relationship for the 
exclusive purpose of being used in fulfilling obligations 
arising out of the work or service relationship. 
(Amended by the Law of June 23, 1995.) Article 18 Right of Exhibition IP/N/lIDEU/CIl 
Page 9 
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 photographie work. 
Article 19 Right of Recitation, Performance, and Presentation 
(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 photographie 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). 
Article 20 Right of Broadcasting 
The right of broadca~ting 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. IP/N/lIDEU/C/1 
Page 10 
Article 21 Right of Communication by Video or Audio Recordings 
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. Article 
19(3) shall apply mutatis mutandis. 
Article 22 Right of Communication of Broadcasts 
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. Article 19(3) 
shall apply mutatis mutandis. 
Article 23 Adaptations and Transformations 
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. 
Article 24 Free Use 
(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) Paragraph (1) shall not apply to the use of a musical work 
where a melody has been recognizably borrowed from the work and 
used as a basis for a new work. 4. Other Rights of Authors 
Article 25 Access to Works IP/N/IIDEU/C/I 
Page Il 
(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 leg~timate 
interest of the owner. 
(2) The owner shall not be required to surrender the original 
or the copy to the author. 
Article 26 Resale Royalty Right 
(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 priee. There shall be no sueh 
obligation if the selling priee is less than 100 German marks. 
(2) The author may not waive his right to his share in advance. 
The expeetancy may not be enforeed; any disposition of the 
expectancy shall be without legal effect. 
(3) The author may require an art dealer or auetioneer to 
provide information on the originals of the author's works that 
have been resold through the intermediary of the art dealer or 
auetioneer during the last ealendar 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 priee. The art dealer or auetioneer may 
refuse information on the name and address of the vendor if he 
pays the share due te the author. IP/~/l/1)1alJ/C:/l 
P.e12 
(5) The claims under paragraphs (3) and (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 
paragraphs (3) or (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 des~gnated 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.) 
Article 27 Remuneration for RentaI and Lending 
(1) If the author has granted to the producer of an audio 
recording or a film the rentaI right (Article 17) with regard 
to a video or audio recording, the hirer shall nevertheless pay 
an equitable remuneration to the author for the rentaI. The 
claim to remuneration cannot be waived. It may only be assigned 
in advance to a collecting society. 
(2) For the lending of originals or copies of a work in respect 
of which further distribution is permitted under Article 17(2), 
an equitable remuneration shall be paid to the author if the 
originals or copies are lent through an institution accessible 
to the public (library, collection of video or audio recordings IP/N/lIDEU/C/l 
Page 13 
or of other originals or copies). Lending in the meaning of the 
first sentence shall be temporary making available for use, not 
for the purposes of directly or indirectly making profits; 
Article 17(3), second sentence, shall apply mutatis mutandis. 
(3) The claims to remuneration under paragraphs (1) and (2) may 
only be asserted through a collecting society. 
(Amended by the Law of Novernber 10, 1972, and by the Law of 
June 23, 1995.) 
SECTION V DEALINGS WITH RIGHTS IN COPYRIGHT 
1. Succession to Copyright 
Article 28 Inheritance of Copyright 
(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. 
Article 29 Transfer of Copyright 
Copyright may be transferred in execution of a testamentary 
disposition or to coheirs as part of the partition of an 
estate. Copyright shall not otherwise be transferable. 
Article 30 Successor in Title of Author 
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. IP/N/l/DEU/C/l 
Page 14 
2. Exploitation Rights 
Article 31 Granting of Exploitation Rights 
(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 aIl 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. 
Article 32 Limitation of Exploitation Rights 
An exploitation right may be limited in respect of place, time 
or purpose. IP/N/1/DEU/C/1 
Page 15 
Article 33 Continuing Effect of Non-exclusive Exploitation 
Rights 
A non-exclusive exploitation right which the author hps 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. 
Article 34 Transfer of Exploitation Rights 
(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 (Article 4), the consent of the author 
of the collection shall be sufficient. 
(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) T~e holder of an exploitation right and the author rnay 
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. IP/N/lIDEU/C/1 
Page 16 
Article 35 Grant of Non-exclusive Exploitation Rights 
(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 Article 34(1), second sentence, (2) and 
(4) shall apply mutatis mutandis. 
Article 36 Author's Participation 
(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 enforcedi any disposition of the expectancy shall be without 
legal effect. 
Article 37 Agreements to Grant Exploitation Rights 
(1) If an author grants to another an exploitation right in his 
work, he shall be deemed in case of doubt to have retpined his 
right to authorize the publication or exploitation of any 
adaptation of the work. IP/N/1/DEU/C/l 
Page 17 
(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 mediurns. 
(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 communi'cation perceivable to the 
public by screen, loudspeaker or other similar technical device 
other than at the event for which it is intended. 
Article 38 Contributions to Collections 
(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 paragraph (1) shall also apply to a 
contribution to a collection which does not appear 
periodically, if making the contribution available does not 
entitle the author to remuneration. 
(3) If a contribution is made available to a newspaper, the 
publisher or editor shall be deemed to have acquired a non­
exclusive 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. IP/~/l/I>~lJ/<:/l 
Page 18 
Article 39 Alteration of Work 
(1) The holder of an exploitation right may not alter the work, 
its title or the designation of author (Article 10(1», unless 
otherwise agreed. 
(2) Alterations to the work and its title which the author 
cannot reasonably refuse shall be permissible. 
Article 40 Agreements as to Future Works 
(1) Agreements by which an author undertakes to grant 
exploitation rights in future works which are in no way 
specified or only re~erred 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. 
Article 41 Right of Revocation for Non-exercise 
(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 IP/N/lIDEU/C/l 
Page 19 
mainly due to circurnstances 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 ri9ht, 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. IP/N/l/DEU/e/1 
Page 20 
Article 42 Right of Revocation for Changed Conviction 
(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 coyer 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 50, 
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 Article 41(5) and (7) shall apply mutatis· 
mutandis. Article 43 Authors in Employrnent or Service IPINI l/DEUlel 1 
Page 21 
The provisions ofthis subsection shal~ 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. 
Article 44 Sale of the Original of a Work 
(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 
photographie 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 
Article 45 Administration of Justice and Public Safety 
(1) It shall be permissible to make or cause to be made copies 
of a work for use in proeeedings 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. IP/N/lIDEU/C/l 
Page 22 
Article 46 Collections for Religious, School or Instructional 
Use 
(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 nurnber 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) Paragraph (1) shall apply to musical works incorporated in 
a collection intended for musical instruction only if the 
collection is intended for musical instruction in schools that 
are not schools of music. 
(3) Reproduction may begin only if the intention to exercise 
the rights afforded by paragraph (1) has been communicated by 
registered letter to the author or, if his permanent or 
temporary residence is unknown, to the holder of an exclusive 
exploitation right, and two weeks have elapsed since dispatch 
of the letter. If the permanent or temporary address of the 
holder of the exclusive right is also unknown, the 
communication can be made by pUblication in the Official 
Bulletin (Bundesanzeiger). 
(4) The author shall be paid equitable remuneration for the 
reproduction and distribution. 
(5) An author may prohibit reproduction and distribution if the 
workono 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 IPINIl/DEUlel 1 
Page 23 
(Article 42). The provisions of Article 136(1) and (2) shall be 
applicable mutatis mutandis. 
(Amended by the Law of November 10, 1972.) 
Article 47 School Broadcasts 
(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.) 
Article 48 Public Speeches 
(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, IP/N/l/DEU/e/1 
Page 24 
in the form of a collection containing predominantly speeches 
by the same author. 
Article 49 Newspaper Articles and Broadcast Commentaries 
(1) It shall be perrnissible 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, econornic 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 cornmentaries 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 rniscellaneous 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.) 
Article 50 Visual and Sound Reporting 
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. Article 51 Quotations IPINIl/DEUlel 1 
Page 25 
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. 
Article 52 Public Communication 
(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 specifi­
cally limited circle of persons. This shall not apply if the 
event serves the gain fuI purpose of a third party; in such 
case, the third part~ shall be required to pay the remu­
neration. 
(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. IP/NIl/DEUlel 1 
Page 26 
(3) Public stage performances and broadcasts of a work and 
public presentations of cinematographic works shall in aIl 
cases be permissible only with the consent of the copyright 
owner. 
(Amended by the Law of June 24, 1985.) 
Article 53 Reproduction for private and Other Personal Uses 
(1) It shall be permissible to make single copies of a work for 
priv~te 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 he 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 work~ 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 he 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, IP/N/1/DEU/C/l 
Page 27 
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 graphie recordings of musical works, 
(b) of a book or a periodical in the case of essentially 
complete copies, 
shall only be permissible, where nct carried out by manu al 
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 
perrnissible with the consent of the copyright owner. 
(Amended by the Law of June 24, 1985, and by the Law of June 9, 
1993.) IP/N/lIDEU/C/l 
Page 28 
Article 54 Obligation to Pay Remuneration 
(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 the transfer from one recording medium 
to another in accordance with Article 53(1) or (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 repro­
ductions, in respect of the possibility of making such repro­
ductions that is created by the sale of the appliances and of 
the video or audio recording mediums; in addition to the manu­
facturer, any person who commercially imports or reimports such 
appliances or such video or audio recording mediums into the 
territory to which this Law applies shall be jointly liable. 
(2) Where the nature of the ·work is such that it may be 
expected to be reproduced in accordance with Article 53(1) to 
(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 of making such reproductions 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 shall be jointly liable. Where 
appliances of such type are operated in schools, universities 
or vocational training institutions or in 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. The 
amount of the remuneration to be paid in total by the operator 
shall depend on the type and extent of utilization of the IPINIl/DEUICll 
Page 29 
appliance that is to be expected in view of the circumstances, 
particularly the location and the habituaI use. 
(3) The entitlement afforded by paragraph (1) and the first 
sentence of paragraph (2) shall not apply where it is probable 
under the circurnstances that the appliances or the video and 
audio recording mediums will not be used to make reproducti'ons 
within the territory to which this Law applies. 
(4) The amounts set out in the annex shall be deemed equitable 
remuneration in accordance with paragraphs (1) and (2) where 
not otherwise agreed~ Invoices for the sale or other placing on 
the market of the appliances referred to in the first sentence 
of paragraph (2) shall contain a reference to the author's 
remuneration due for the appliance. 
(5) The author shall be entitled to require information from 
those persons required to pay remuneration under paragraphs (1) 
and (2) 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 
author shall be entitled to require the information necessary 
to assess the remuneration from the operator of an appliance in 
an institution w,ithin the meaning of the second sentence of 
paragraph (2). 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. 
(6) Claims under paragraphs (1), (2) and (5) may only be 
asserted by a cOllecting society. Each copyright owner shall be 
entitled to an equitable share in the remuneration paid under 
paragraphs (1) and (2). 
(Amended by the Law of June 24, 1985, and by the Law of March 
7, 1990.) IP/N/lIDEU/C/l 
Page 30 
Article 55 Reproduction by Broadcasting Organizations 
(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 o~ their 
deposit in such archive. 
Article 56 Reproduction and Public Communication by 
Commercial Enterprises 
(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 paragraph (1 ) 
must be destroyed immediately. 
Article 57 Incidental Works 
It shall be permissible to reproduce, distribute and publicly 
communicate works if the y may be regarded as insignificant and 
incidental with regard to the actual subject of the 
reproduction, distribution or public communication. Article 58 Catalog Illustrations IP/N/lIDEU/C/1 
Page 31 
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. 
Article 59 Works in Public Places 
(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. 
Article 60 Portraits 
(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 photographie 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 paragraph (2) shall mean the 
spouse and children or, if there is neither spouse nor child, 
the parents. IP/N/l/DEU/e/l 
Page 32 . 
Article 61 
Recordings Compulsory License for the Production of Audio 
(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 it 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 paragraph (1) shall be applicable with 
respect to a producer of audio recordings who has neither his 
main establishment nor his domicile on the territory to which 
this Law applies, only if, as evidenced by a notification by 
the Federal Minister for Justice in the Bundesgesetzblatt a 
corresponding right is granted by the State in which his main 
establishment or domicile is located to producers of audio 
recordings whose main establishments or whose domiciles are on 
the territory to which this Law applies. 
(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 
ta 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 IP/N/lIDEU ICI 1 
Page 33 
be applicable except that the holder of the exclusive 
exploitation right shall be required to grant the exploitation 
right referred to in paragraph (1). 
(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 paragraph (4), the holder of the exclusive right 
has a legal domicile in the territory to which this Law 
applies, by the courts located in the district in which the 
Patent Office has its headquarters. Interim injunctions may be 
issued, even if the conditions set out in Articles 935 and 940 
of the Code of Civil Procedure are not fulfilled. 
(7) The foregoing prévisions shall not apply if the 
exploitation right referred to in paragraph (1) has been 
granted solely for the purpose of producing a film. 
Article 62 Prohibition of Alteration 
(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 photographie works, 
conversion to a different scale and other alterations of the IP/N/lIDEU/C/l 
Page 34 
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 paragraphs (1) to (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 (Article 60(3» or has acquired 
copyright by ·testamentary disposition of the author. Consent 
shall be deemed to have been granted if the author or his 
successor in title does not object within one month of 
notification of the proposed alteration and if the notification 
of the alteration has drawn attention to this legal 
consequence. 
(Arnended by the Law of November 10, 1972.) 
Article 63 Acknowledgment of Source 
(1) If a work or part of a work is reproduced pursuant to 
Article 45(1), Articles 46 to 48, 50, 51, 58, 59 and 61, the 
source must in aIl cases be clearly acknowledged. In 
reproducing complete works of language or complete musical 
works, the publishing house which published the work must be 
stated in addition to the author, as also any abridgments or 
other alterations to the work. There shall be no obligation to 
acknowledge sources if no source is given either on the copy of 
the work used or with the reproduction of the work used and if 
no source is otherwise known to the person entitled to 
reproduce. 
(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 50 requires. IP/N/l/DEU/C/l 
Page 35 
(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 newspaper or 
other information journal from which the article was extracted 
shall also be acknowledged in addition to the author designated 
in the source; if a further newspaper or other information 
journal is mentioned there as the source, such other newspaper 
or other information journal shall be acknowledged. If a 
broadcast commentary is reproduced in a newspaper or other 
information journal, or in a 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 
Article 64 General 
Copyright shall expire 70 years after the author's death. 
(Amended by the Law of June 23, 1995.) 
Article 65 Joint Au~hors, cinematographic works 
(1) If copyright is owned by several joint authors (Article 8), 
it shall expire 70 years after the death of the last surviving 
author. 
(2) In the case of cinematographic works and works which are 
produced in a similar way to cinematographic works, copyright 
shall expire 70 years after the death of the longest-living of 
the following persons: the principal director, the author of 
the screenplay, the author of the dialogues, the composer of 
the music composed for the cinematographic work in question. 
(Amended by the Law of June 23, 1995.) IP/N/lIDEU/C/l 
Page 36 
Article 66 Anonymous and Pseudonyrnous Works 
(1) In the case of anonymous and pseudonymous works, copyright 
shal~ expire 70 years after publication. However, it shall 
expire as soon as 70 years after creation of the work if the 
work was not pUblished within that time limite 
(2) If the author discloses his identity within the time limit 
specified in paragraph (1), first sentence, or if the pseudonym 
assumed by the author leaves no doubt as to his identity, the 
duration of copyright protection shall be calculated in 
accordance with Articles 64 and 65. The same shall apply if 
within the time limit specified in paragraph (1), first 
sentence, the true name of the author is submitted for entry in 
the Register of Authors (Article 138). 
(3) The author, or after his death his legal successor (Article 
30) or the executor {Article 28 (2», shall be entitled to 
perform the actions under paragraph (2). 
(Amended by the Law of June 23, 1995.) 
Article 67 Serial Works 
In the case of works published in parts which are not'self­
contained (instalments), the term of protection of each 
instalment in the cases referred to in Article 66(1), first 
sentence, shall be calculated separately from the time of its 
publication. 
(Amended by the Law of June 23, 1995.) 
Article 68 (Repealed) 
(Repealed by the Law of June 24, 1985.) Article 69 Calculation of Time Limits IP/N/1/DEU/C/l 
Page 37 
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 
Article 69a Object of Protection 
(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 eligibili ty for protection'. 
(4) The provisions on works of language shall apply to computer 
programs where not otherwise provided in this Section. 
Article 69b Authors in Employment or Service 
(1) Where a computer program is created by an employee in the 
execution of his duties or following the in~tructions given by 
his employer, the employer exclusively shall be entitled to 
exercise aIl the economic rights in the program, unless 
otherwise agreed. IP/N/lIDEU/C/l 
Page 38 
(2) Paragraph (1) shall apply mutatis mutandis to service 
relationships. 
Article 69c Restricted Acts 
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 forro, 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 Cornmunities or of 
another Contracting State of the Convention Concerning the 
European Economie Area with the consent of the right 
holder, the distribution right in respect of that copy 
shall be exhausted, with the exception of the rentaI 
right. 
(Amended by the Law of October 25, 1994.) 
Article 69d Exceptions to the Restricted Acts 
(1) In the absence of specifie contraetual 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 IP/NIl/DEUlel 1 
Page 39 
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 prograrn shall .. be entitled, without the authorization of the right holder, to 
observe, study or test the functioning of the pro gram in order 
to determine the ideas and principles which underlie any 
element of the prograrn if he does so while performing any of 
the acts of loading, displaying, running, transmitting or 
storing the prograrn which he is entitled to do. 
Article 6ge Decompilation 
(1) The authorization of the right holder shall not be required 
where reproduction of the code and translation of its forro 
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 
prograrn 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 interop­
erability of the independently created computer program, 
2. be given to others, except when necessary for the IP/N/VDEU/CIl 
Page 40 
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 (l) and (2) shall be interpreted in sUGh a way 
that their application neither impairs the normal exploitation 
of the work nor unreasonably prejudices the right holder's 
legitimate interests. 
Article 69f Infringement of Rights 
(1) The right holder may require from their owners or 
proprietors that aIl unlawfully manufactured or distributed 
copies or aIl copies intended for unlawful distribution be 
destroyed. Article 98(2) and (3) shall apply mutatis mutandis. 
(2) Paragraph (1) shall apply mutatis mutandis to any means of 
which the sole intended purpose 1s to facilitate the 
unauthorized removal or circumvention of any technical device 
which may have been applied to protect a computer program. 
Article 69g Application of Other Legal Provisions; Law of 
Contract 
(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 Article 6ge shall be null and void. 
(Section VIII added by the Law of June 9, 1993.) Part II Neighboring Rights IP/N/1/DEU/C/l 
Page 41 
SECTION l PROTECTION OF CERTAIN EDITIONS 
Article 70 Scientific Editions 
(1) Editions which cQnsist of non-copyrighted works or texts 
shall enjoy, mutatis mutandis, the protection afforded by the 
provisions of Part l if they represent the result of scientific 
analysis and differ in a significant manner from previously 
known editions of the works or texts. 
(2) The right shall· be enjoyed by the author of the edition. 
(3) The right shall expire 25 years after pUblication of the 
editlon; however, it shall expire 25 years after its production 
if the edition is not pUblished within that time limite The 
time limit shall be calculated in accordance with Article 69. 
(Amended by the Law of March 7, 1990.) 
Article 71 Posthumous Works 
(1) Any person who causes a work which has not previously been 
published to be legally published for the first time or 
performs it in pUblic for the first time after the expiry of 
the copyright shall have the exclusive right to exploit it. The 
same shall apply to works which have not been previously 
published and which were never protected in the territory to 
which this Law applies, but whose authors have been dead for 
more than 70 years. Articles 5, 15 to 24, 26, 27 and 45 to 63 
shall apply mutatis mutandis. 
(2) The right shall be transferable. IF/N/l/DEU/C/I 
Page 42 . 
(3) The right shall expire 25 years after the publication of 
the work or, if its first pUblic communication took place 
earlier, after the latter. 
(Amended by the Law of March 7, 1990, and by the Law of June 
23,1995.) 
SECTION II PROTECTION OF PHOTOGRAPHS 
Article 72 
(1) Photographs and products manufactured in a similar way to 
photographs shall be protected, mutatis mutandis, by the 
provisions of Part l applicable to photographie works. 
(2) The right afforded by paragraph (1) shall belong to the 
photographer. 
(3) The right afforded by paragraph (1) shall expire 50 years 
after publication of the photograph, or if its first permitted 
public communication took place earlier, after the latter, but 
50 years after its manufacture where the photograph has not 
been published or legally cornmunicated in public within such 
periode The period shall be calculated in accordance with 
Article 69. 
(Amended by the Law of June 24, 1985, and by the Law of June 
23, 1995.) 
SECTION III PROTECTION OF PERFORMERS 
Article 73 Performers 
For the purposes of this Law, performer rneans a person who IP/N/l/DEU/e/l 
Page 43 
recites or performs a work or participates artistically in the 
recitation or performance of a work. 
Article 74 Transmission by Screen or Loudspeaker 
Public communication of performance by screen, loudspeaker or 
similar technical device in a place other than that in which it 
takes place shall require the consent of the performer. 
Article 75 Recording, Reproduction and Distribution 
(1) Fixation of performance on a video or audio recording 
medium shall require the consent of the performer. 
(2) The performer shall have the exclusive right to reproduce 
and distribute the video or audio recording medium. 
(3) Article 27 shall apply mutatis mutandis to remuneration 
rights of the performer for rentaI and lending of video or 
audio recording mediums. 
(Amended by the Law of June 23, 1995.) 
Article 76 Broadcasting 
(1) Broadcasting of a performance shall require the consent of 
the perforrner. 
(2) A performance which has been lawfully fixed on video or 
audio recording mediums may be broadcast without the consent of 
the performer if the recordings have been published; however, 
equitable remuneration shall be paid to the performer. IP/~/l/I>~lJ/C:/l 
~M 
Article 77 Public Communication 
If a performance is publicly communicated by means of video or 
audio recordings or made perceivable to the public by means of 
a broadcast, the performer shall be paid equitable 
remuneration. 
Article 78 Assignrnent 
A performer may assign to third parties the rights afforded by 
Articles 74 to 77. Article 75(3) in conjunction with 
Article 27(1), second and third sentences, shall remain 
unaffected. 
(Amended by the Law of June 23, 1995.) 
Article 79 Performers in Employrnent or Service 
If a performer has given a performance in execution of his 
duties under a contract of employrnent or of service, the extent 
and conditions under which his employer may use it or authorize 
others to use it shall be determined, if not otherwise agreed, 
by reference to the nature of the contract of employrnent or 
service. 
Article 80 Choral, Orchestral and Stage Performances 
(1) In the case of choral, orchestral and stage performances, 
the consent of the elected representatives of the participating 
groups of perfor.mers, such as choir, orchestra, ballet and 
stage companies, in addition to the consent of the soloists, 
conductor and producer, shall suffice for the purposes of 
Articles 74, 75(1) and (2) and Article 76(1). If a group has no 
such representative, the consent of the performers belonging to IP/N/lIDEU/C/l 
Page 45 
that group shall be replaced by the consent of the leader of 
the group. 
(2) In the case of choral, orchestral and stage performances, 
the rights afforded by Articles 74 to 77, with the exception of 
the right of consent, shall be asserted for groups of perfor­
mers exclusively by their representatives or, if no 
representatives have been elected, by the leader of the group. 
Exercise of the right may be transferred to a collecting 
society. 
(Amended by the Law of June 23, 1995.) 
Article 81 Protection of Organizers 
If a performance is organized by an enterprise, the consent of 
the owner of the enterprise shall be required for the purposes 
of Articles 74, 75 (1) and (2) and Article 76(1), in àddition 
to the consent of the performer. 
(Amended by the Law of June 23, 1995.) 
Article 82 Duration of Rights 
Where a performance has been recorded on a video or audio 
medium, the rights of the performer shall expire 50 years and 
those of the organizer 25 years after the publication of the 
video or audio recording, or if its first le gal use for public 
communication took place earlier, after the latter; however, 
the rights of the performer shall expire 50 years, and those of 
the organizer 25 years, after the performance if the video or 
audio recording has not been published or legally used for 
public communication within that period of time. The period of 
time shall be calculated in accordance with Article 69. 
(Amended by the Law of March 7, 1990, and by the Law of June 
23, 1995.) IP/N/lIDEU/C/I 
Page 46 
Article 83 Protection Against Distortion 
(1) A performer shall have the right to prohibit any distortion 
or other alteration of his performance of such nature as to 
jeopardize his standing or reputation as a performer. 
(2) If a work is performed by several performers together, each 
performer shall take the others into due account when 
exercising the right. 
(3) The right shall expire with the death of the performer; 
however, it shall expire 50 years after the performance if the 
performer has died prior to expiry of that period; the period 
shall be calculated in accordance with Article 69. After the 
death of the performer, the right shall belong to his next of 
kin (Article 60(3)). 
(Amended by the Law of June 23, 1995.) 
Article 84 Limitation of Rights 
The provisions of Section VI of Part I, with the exception of 
Article 61, shall apply mutatis mutandis to the rights afforded 
the performer and the organizer by this Section. 
SECTION IV PROTECTION OF PRODUCERS OF AUDIO RECORDINGS 
Article 85 Right of Reproduction and Distribution 
(1) The producer of an audio recording shall have the exclusive 
right to reproduce and distribute the recording. If the audio 
recording has been produced by an enterprise, the owner of the 
enterprise shall be deemed the producer. The right shall not 
subsist by reason of the reproduction of an audio recording. IP IN 11ID EU ICIl 
Page 47 
(2) The right shall expire 50 years after publication of the 
audio recording, or if its first legal use for pUblic 
communication took place earlier, after the latter; however, it 
shall expire 50 years after production if the audio recording 
has not been published or Iegally used for public communication 
during that periode The period shall be calculated in 
accordance with Article 69. 
(3) Article 27(2) and (3) as weIl as the provisions of Section 
VI of Part l, with the exception of Article 61, shall apply 
mutatis mutandis. 
(Amended by the Law of June 23, 1995.) 
Article 86 Right of Participation 
If a published audio recording on which a performance"has been 
fixed is used for public communication, the producer of the 
audio recording may claim from the performer an equitable 
participation in the remuneration which the performer receives 
pursuant to Article 76(2) and Article 77. 
SECTION V PROTECTION OF BROADCASTING ORGANIZATIONS 
Article 87 
(1) A broadcasting organization shall have the exclusive right 
1. to rebroadcast its broadcasts, 
2. to record its broadcasts on a video or audio recording 
medium, to make photographs of its broadcasts and to 
reproduce and distribute such recordings or photographs, 
with the exception of the rentaI right, 
3. to make its broadcast perceivable to the public in places 
only accessible to the public on payment of an entrance 
fee. IP/N/lIDEU/C/1 
Page 48 
(2) The right shall expire 50 years after the first broadcast. 
The period shall be calculated in accordance with Article 69. 
(3) The provisions of Section VI of Part l, with the exception 
of Article 47(2), second sentence, Article 54(1) and Article 
61, shall apply mutatis mutandis. 
(Amended by the Law of June 24, 1985, and by the Law of June 
23, 1995.) 
Part III Special Provisions on Films 
SECTION l CINEMATOGRAPHIC WORKS 
Article 88 The Right of Cinematographic Adaptation 
(1) If an author permits another person to make a cinemato­
graphie adaptation of his work, he shall be deemed, in doubt, 
to have granted the following exploitation rights: 
1. the right to use the work in its original form or as an 
adaptation or transformation for the purpose of producing 
a cinematographic work; 
2. the right to reproduce and distribute the cinematographic 
work; 
3. the right to publicly present the cinematographic work if 
it is a work intended for presentation; 
4. the right to broadcast the cinematographic work if it is a 
work intended for broadcasting; 
5. the right to exploit translations and other cinemato­
graphie adaptations or transformations of the cine­
matographic work to the same extent as the work itself. 
(2) In doubt, the rights referred to in paragraph (1) shall not 
be deemed to include the right to remake the cinematographic 
work. In doubt, the author shall be deemed to ,have the right, 
after the expiration of 10 years from the conclusion of the IP/N/lIDEU/C/1 
Page 49 
contract, to utilize his work otherwise for cinernatographic 
purposes. 
(3) The foregoing provisions shall apply mutatis mutandis to 
the rights referred to in Articles 70 and 71. 
Article 89 Rights in Cinernatographic Works 
(1) Any person who undertakes to participate in the production 
of a film shall be deerned, in doubt, to have granted, should he 
acquire a copyright in the cinematographic work, to the produc­
er of the film an exclusive right to utilize the cinemato­
graphie work as also translations and other adaptations or 
transformations of the cinematographic work in any known 
rnanner. 
(2) If the author of the cinematographic work has in advance 
granted to another person the exploitation right referred to in 
paragraph (1), he shall nevertheless remain entitled to grant 
that right to the film producer, with or without limitation. 
(3) Authors' rights in works used to produce the cine­
matographic work, such as novels, screenplay and film" music, 
shall remain unaffected. 
Article 90 Limitation of Rights 
The provisions concerning,the need for the author's consent to 
the transfer of exploitation rights (Article 34) and to the 
grant of non-exclusive rights (Article 35) and the provisions 
on the right of revocation for non-exercise (Article 41) or for 
changed conviction (Article 42) shall not apply to the rights 
referred to in Article 88(1), items 2 to 5, and Article 89(1). 
The ?uthor of the cinematographic work (Article 89) shall have 
no claims by virtue of Article 36. IP/N/l/DEU/C/l 
Page 50 
Article 91 Rights in Photographs 
The producer of a cinematographic work shall be deemed to have 
acquired the right of cinematographic exploitation in 
photographs which are taken in connection with the production 
of such cinematographic work. The photographer shall have no 
rights in this respect. 
Article 92 Performers 
(1) If a performer concludes a contract with the film producer 
on his participation in the production of a cinematographic 
work, in cases of doubt concerning exploitation of the 
cinematographic work such contract shall constitute assignment 
of the rights pursuant to Article 75(1) and (2) and Article 
76(1). 
(2) If the performer has assigned in advance a right mentioned 
in paragraph (1) to a third party, he shall nevertheless retain 
the entitlement to assign this right in respect of exploitation 
of the cinematographic work to the film producer. 
(Amended by the Law of June 23, 1995.) 
Article 93 Protection Against Distortion 
The authors of a cin~matographic work and of works used in its 
production, and the holders of neighboring rights who partici­
pate in the production of the cinematographic work or whose 
contributions are used in its production may prohibit in 
accordance with Articles 14 and 83 only gross distortions or 
other gross mutilations of their works or of their contribu­
tions, with respect to the production and exploitation of the 
cinematographic work. Each author or right holder shall take 
the others and the film producer into due account when 
exerèising the right. Article 94 Protection of Producers of Films IP IN Il ID EU ICI 1 
Page 51 
(1) The producer of a film shall have the exclusive right to 
reproduce, distribute and use for public presentation or 
broadcasting the video recording or video and audio recording 
on which the cinematographic work is fixed. The film producer 
shall further have the right to prohibit any distortion or 
abridgment of the video recording or video and audio recording 
whicp may jeopardize his legitimate interests. 
(2) The right shall be transferable. 
(3) The right shall expire 50 years after the publication of 
the video recording or video and audio recording or, if its 
first legal use for pUblic communication took place earlier, 
after the latter; however, it shall expire 50 years after 
production if the video recording or video and audio recording 
has not been pUblished or legally used for pUblic communication 
during such period. 
(4) Article 27 (2) and (3), as weIl as the provisions of 
Section VI of Part l, with the exception of Article 61, shall 
apply mutatis mutandis. 
(Amended by the Law of June 23, 1995.) 
SECTION II MOVING PICTURES 
Article 95 
Articles 88, 90, 91, 93 and 94 shall apply mutatis mutandis to 
sequences of images and to sequences of images and sounds which 
are not protected as cinematographic works. IP/NIVDEU ICI 1 
Page 52 
Part IV Common Provisions on Copyright and Neighboring Rights 
SECTION l PROHIBITION OP'EXPLOITATION 
Article 96 
(1) Unlawfully made copies may be neither distributed nor used 
for public communication. 
(2) Unlawfully made broadcasts may not be fixed on video or 
audio recording mediums or pUblicly communicated. 
SECTION II INPRINGEMENTS 
1. Civil Law Provisions; Remedies 
Article 97 Actions for Injunction and Damages 
(1) As against any person who infringes a copyright or any 
other right protected by this Law, the injured party may bring 
an action for injunctive relief requiring the wrongdoer to 
cease and desist if there is a danger of repetition of the acts 
of infringement, as well as an action for damages if the 
infringement was intentional or the result of negligence. In 
place of damages, the injured party may require surrender of 
the profits derived by the infringer from the acts of 
infringement together with detailed accounting reflecting such 
profits. 
(2) Authors, including of scientific editions (Article 70), 
photographers (Article 72) and performers (Article 73) may, if 
the infringement was intentional or the result of negligence, 
recover, as justice may require, a monetary indemnity.for the 
injury caused to them even if no pecuniary loss has occurred. IP/N/1/DEU/C/l 
Page 53 
(3) Rights arising from other statutory provisions shall not be 
affected. 
(Amended by the Law of June 23, 1995.) 
Article 98 Claim to Destruction or Surrender of Copies 
(1) The injured party may require destruction of aIl copies 
unlawfully manufactured, unlawfully distributed or intended for 
unlawful distribution that are in the possession of the 
infringer or are his property. 
(2) In place of the measures provided for in paragraph (1), the 
injured party may require that the copies that are the property 
of the infringer be surrendered to him in return for equitable 
remuneration that may not exceed the cost of manufacture. 
(3) Where the rneasures under paragraphs (1) and (2) are 
disproportionate, in the individual case, for the infringer or 
the owner and if the infringing nature of the copies can be 
rernoved in sorne other way, the injured party shall have a claim 
only to the measures necessary for such purpose. 
(Amended by the Law of March 7, 1990.) 
Article 99 Clairn to Destruction or Surrender of Deviees 
The provisions of Article 98 shall apply mutatis mutandis ta 
devices that are the property of the infringer and that are 
used or intended exclusively or almost exclusively for the 
unlawful manufacture of copies. 
(Amended by the Law of March 7, 1990.) 
Article 100 Liability of the Owner of an Enterprise IP/~/l/l)13tJ/<:/l 
~~ 
If a right protected under this Law has been infringed in an 
enterprise by an employee or agent of such enterprise, the 
injured party may also assert the rights provided in Articles 
97 to 99, with the exception of the right to damages,_ against 
the owner of such enterprise. Further claims which may arise 
from other statutory provisions shall not be affected. 
Article 101 Exceptions 
(1) If, in the event of infringement of a right protected under 
this Law, the claims of the injured party for injunctive relief 
(Article 97), for destruction or surrender of the copies 
(Article 98) or the devices (Article 99) are asserted against a 
person whose acts of infringement were neither intentional nor 
negligent, such person may indemnify in money the injured party 
if execution of the claims would produce for him a serious and 
disproportionate injury and if the injured party may reasonably 
be required to accept redress in cash. The compensation shall 
represent the amount that would have constituted equitable 
remuneration had the right been granted by contract. Payment of 
such compensation shall constitute the injured party's consent 
to a utilization within the customary limits. 
(2) The measures set out in Articles 98 and 99 shall not apply 
to: 
1. works of architecture; 
2. separable parts of copies and devices whose manufacture or 
distribution is not unlawful. 
(Arnended by the Law of March 7, 1990.) 
Article 101a Claim to Information in~espect of Third Parties 
(1) Any person who infringes copyright or any other right 
protected by this Law in the course of business through the IP/NIlIDEU/CI 1 
Page 55 
manufacture or distribution of copies may be required by the 
injured party to give information as to the origin and 
distribution channels of such copies, without delay, except 
where disproportionate in the individual case. 
(2) The person required to give information under paragraph (1) 
shall give particulars of the name and address of the 
manufacturer, the supplier and other prior owners of the 
copies, of the trade customer or of the principal, as also in 
respect of the quantity of copies that have been manufactured, 
dispatched, received or ordered. 
(3) In those cases where infringement is obvious, the 
obligation to provide information may be imposed by an 
injunction in compliance with the Code of Civil Procedure. 
(4) Such information may only be used in criminal pcoceedings 
or in proceedings under the Law on Minor Offenses against the 
person required to give information, or against a dependent 
pers9n under Article 52(1) of the Code of Criminal Procedure, 
in respect of an act committed before the information was 
given, with the consent of the person required to give the 
information. 
(5) Further claims to information shall remain unaffected. 
(Amended by the Law of March 7, 1990.) 
Article 102 Prescription 
Claims arising from infringement of copyright or of any other 
right protected by this Law shall become invalid by 
prescription three years after the time at which the entitled 
person gains knowledge of the infringement and of the identity 
of the infringer or 30 years after the infringement, 
irrespective of such knowledge. Article 852(2) of the. Civil 
Code shall apply mutatis mutandis. Where the infringer has made 
gains at the cost of the entitled person by reason of the IP/NIlIDEU/CI 1 
Page 56 
infringement, he shall remain obliged, even after the claim has 
expired, to surrender such gain in accordance with the 
provisions on the surrender of unjustified gain. 
(Amended by the Law of March 7, 1990.) 
Article 103 Publication of Judgment 
(1) If an action has been brought under this Law, the' judgment 
may authorize the successful party to publish the judgment at 
the cost of the unsuccessful party, if the successful party can 
offer a legitimate reason to do so. Unless the court rules 
otherwise, the judgment may not be published until it,becomes 
final. 
(2) The nature and extent of the publication shall be 
determined in the judgment. The authority to publish the 
judgment shall expire if it is not published within six months 
after it becomes final. 
(3) The party given authority to publish may request that the 
unsuccessful party be required to defray in advance the cost of 
publication. This request shall be ruled upon by a competent 
court of first instance without oral proceedings. Prior to 
ruling upon the matter, the unsuccessful party shall be heard. 
Article 104 Legal Recourse 
For all litigation concerning the exercise of rights arising 
from the legal relationships regulated by this Law (copyright 
litigation), ordinary legal recourse shall be accorded. For 
copyright litigation arising out of employment or service 
relationships that concern solely claims to the payment of an 
agreed compensation, recourse to labor courts and to 
administrative tribunals shall remain unaffected. Article 105 Courts for Copyright Litigation IP/N/lIDEU/C/l 
Page 57 
(1) The Provincial Governments shall be empowered to assign by 
statutory order copyright litigation for which the Provincial 
Courts are competent in the first instance or on appeal to one 
of such Provincial Courts for the jurisdictions of a number of 
Provincial Courts where it is in the interests of the 
administration of justice. 
(2) The Provincial Governments shall further be empowered to 
assign by statutory order copyright litigation that is of the 
competence of the Local Courts to one of such Local Courts for 
the jurisdictions of a number of Local Courts where it is in 
the interests of the administration of justice. 
(3) The Provincial Governments may transfer the powers under 
paragraphs (1) and (2) to the Provincial Judicial 
Administrations. 
(4) Parties may also·be represented before a Provincial Court 
to which copyright litigation for the jurisdictions of a number 
of Provincial Courts has been assigned in accordance with 
paragraph (1) by lawyers admitted to the Provincial Court which 
would otherwise be competent. The same shall apply to 
representatives before the Provincial High Court acting as 
appeal court. 
(5) The additional expense incurred by a party in being 
represented under paragraph (4) by a lawyer not admitted to the 
court hearing the case shall not be refunded. 
2. Criminal Law Provisions 
Article 106 Unauthorized Exploitation of Copyrighted Works 
(1) Any person who, other than in a manner allowed by law and 
without the right holder's consent, reproduces, distributes or IP/N/l/DEU/C/l 
Page 58 
publicly communicates a work or an adaptation or transformation 
of a work shall be liable to imprisonment for up to three years 
or a fine. 
(2) The attempt to commit such an offense shall be punishable. 
(Amended by the Law of March 2, 1974, and by the Law of March 
7, 1990.) 
Article 107 Unlawful Affixing of Designation of Author 
(1) Any person who: 
1. without the author's consent, affixes a designation of 
author (Article 10(1)) to the original of a work of fine 
art or distributes an original bearing such designation, 
2. affixes a designation of author (Article 10(1)) on a copy, 
adaptation or transformation of a work of fine art in such 
manner as to give to the copy, adaptation or trans­
formation the appearance of an original or distributes a 
copy, adaptation or transformation bearing such designa­
tion, 
shall be liable to imprisonment for up to three years ,or a fine 
if the offense does not carry a more severe penalty under other 
provisions. 
(2) The attempt to commit such an offense shall be punishable. 
(Amended by the Law of March 2, 1974, and by the Law of March 
7, 1990.) 
Article 108 Infringement of Neighboring Rights 
(1) Any person who, other than in a manner allowed by law and 
without the right holder's consent: 
1. reproduces, distributes or publicly communicates a 
scientific edition (Article 70) or an adaptation or transformation of such edition; IP/N/lIDEU/C/l 
Page 59 
2: exploits a posthumous work or an adaptation or 
transformation of such work contrary to Article 71; 
3. reproduces, distributes or publicly communicates a 
photograph (Article 72) or an adaptation or transformation 
of a photograph; 
4. exploits a performance contrary to Articles 74, 75(1) or 
(2) or Article 76(1); 
5. exploits an audio recording contrary to Article 85; 
6. exploits a broadcast contrary to Article 87; 
7. exploits a video or video and aUdio recording contrary to 
Article 94 or Article 95 in conjunction with Artic~e 94, 
shall be liable to imprisonment for up to three years or -a 
fine. 
(2) The attempt to commit such an offense shall be punishable. 
(Amended by the Law of March 2, 1974, by the Law of March 7, 
1990 and by the Law of June 23, 1995.) 
Article 108a Unlawful Exploitation on a Commercial Basis 
(1) Where the person committing the acts referred to in 
Articles 106 to 108 does so on a commercial basis, the penalty 
shall be imprisonment for up to five years or a fine. 
(2) The attempt to commit such an offense shall be punishable. 
(Added by the Law of June 24, 1985, and amended by the Law of 
March 7, 1990.) 
Article 109 Criminal Prosecution 
Offenses under Articles 106 to 108 shall only be prosecuted on 
complaint unless the prosecuting authorities deem that ex IP/N/lIDEU/C/l 
Page 60 
officio prosecution is justified in view of the particular 
public interest. 
(Amended by the Law of June 24, 1985.) 
Article 110 Confiscation 
Objects implicated in an offense under Articles 106, 107(1), 
item 2, 108 and 108a may be confiscated. Article 74a of the 
Penal Code shall apply. Where the claims referred to in 
Articles 98 and 99 are upheld in proceedings under the 
provisions of the Code of Criminal Procedure with regard to the 
compensation of the injured party (Articles 403 to 406c), the 
provisions on confiscation shall not be applied. 
(Amended by the Law of June 24, 1985, and by the Law of March 
7, 1990.) 
Article 111 Publication of the Judgment 
If in cases covered by Articles 106 to 108a a penalty has been 
pronounced, the court shall, at the request of the injured 
party and if the latter can show a justified interest, order 
publication of the judgment. The nature of the publication 
shall be laid down in the judgment. 
(Amended by the Law of June 24, 1985.) 
3. Measures by the Customs Authorities 
Article 111a 
(1) Where the manufacture or distribution of copies infringes 
copyright or any other right protected by this Law those copies 
shall be subject, at the request of the holder of the rights IP/N/1/DEU/C/l 
Page 61 
and against his security, to seizure by the customs 
authorities, on import or export, in those cases where the 
infringement is obvious. This provision shall apply in trade 
with other Member States of the European Economic Community and 
with other Contracting States of the Convention Concerning the 
European Economic Area only insofar as controls are carried out 
by the customs authorities. 
(2) Where the customs authorities order a seizure, they shall 
advise the person entitled to dispose and also the petitioner 
thereof without delay. The origin, quantity and place of 
storage of the copies, together with the name and address of 
the person entitled to dispose, shall be communicated to the 
petitioner; the secrecy of correspondence and of mail (Article 
10 of the Basic Law) shall be restricted to that extent. The 
petitioner shall be given the opportunity to inspect the copies 
where such inspection does not constitute a breach of 
commercial or trade secrecy. 
(3) Where no oPPosition to the seizure is made, at the latest 
within two weeks of service of the notification under the first 
sentence of paragraph (2), the customs authorities shall order 
confiscation of the seized copies. 
(4) If the person entitled to dispose opposes seizure, the 
customs authorities shall inform the petitioner thereof without 
delay. The petitioner shall be required to declare to the 
customs authorities without delay, whether he maintains the 
request under paragraph (1) in respect of the seized copies. 
1. If the petitioner withdraws his request, the customs 
authorities shall lift the seizure without delay. 
2. If the petitioner maintains his request and submits an 
executable court decision ordering the impounding of the 
seized copies or limitation of the right to dispose, the 
customs authorities shall take the necessary measures. 
Where neither of the cases referred to in items 1 and 2 are 
applicable, the customs authorities shall lift the seizure on 
the expiry of two weeks after service of the notification to IP/N/lIDEU/C/l 
Page 62 
the petitioner under the first sentence; where the petitioner 
can show that a court decision according to item 2 has been 
requested, but has not yet been received, the seizure shall be 
maintained for a further two weeks at the most. 
(5) Where the seizure proves to have been unjustified from the 
beginning and if the petitioner has maintained the request 
under paragraph (1) in respect of the seized copies or has not 
made a declaration without delay (second sentence of paragraph 
(4», he shall be required to compensate the damages that 
seizure has occasioned to the person entitled to dispose. 
(6) The petition under paragraph (1) is to be submitted to the 
Regional Finance Office and shall be effective for tW9 years 
unless a shorter period of validity has been requested; it may 
be repeated. The cost of official acts related to the request 
shall be charged to the petitioner in accordance with Article 
178 of the Fiscal Code. 
(7) Seizure and confiscation may be opposed by the legal 
remedies allowed by the fixed penalty procedure under the Law 
on Minor Offenses in respect of seizure and confiscation. The 
petitioner shall be heard in the review proceedings. An 
immediate appeal. shall lie from the decision of the Local 
Court; it shall be heard·by the Provincial High Court. 
(Added by the Law of March 7, 1990 and amended by the Law of 
October 25, 1994.) 
SECTION III ENFORCEMENT 
1. General 
Article 112 
Enforcement affecting a right protected by this Law shall be 
subject to the general rules of law in the absence of anything 
to the contrary in Articles 113 to 119. IP/N/lIDEU/C/l 
Page 63 
2. Enforcement of Claims for Money Against Authors 
Article 113 Copyright 
A claim for money against an author may only be enforced on a 
copyright with his consent and only insofar as he is able to 
grant exploitation rights (Article 31). The consent may not be 
given through a legal representative. 
Article 114 Originals of Works 
(1) A claim for money against an author may only be enforced on 
originals of his works owned by him with his consent. The 
consent may not be given through a legal representative. 
(2) Consent shall not be required: 
1. where enforcement on the original of a work is necessary 
for enforcement on an exploitation right in the work; 
2. for enforcement on the original of a work of architecture; 
3. for enforcement on the original of another work of fine 
art, if the work has been published. 
In the cases referred to in items 2 and 3, the original of the 
work may be distributed without the author's consent. 
3. Enforcement of Claims for Money Against Successors 
in Title of Authors 
Article 115 Copyright 
A claim for money against the successor in title of an author 
(Article 30) may only be enforced on a copyright with 'his 
consent, and only insofar as he is able to grant exploitation 
rights (Article 31). Consent shall not be required if the work 
has been published. IP/NIlIDEU/CI 1 
Page 64 
Article 116 Originals of Works 
(1) A claim for money against the successor in title of an 
author (Article 30) may only be enforced on originals of works 
of the author owned by the successor in title with his consent. 
(2) Consent shall not be required: 
1. in the cases referred to in Article 114(2), first 
sentence; 
2. for enforcement on the original of a work if the work has 
been published. 
Article 114(2), second sentence, shall.apply mutatis mutandis. 
Article 117 Executor 
If copyright is to be exercised in accordance with Article 
28(2) by an executor, it shall be for the executor to give the 
consent required in Articles 115 and 116. 
4. Enforcement of Claims for Money Against Authors of 
Scientific Editions and Against Photographers 
Article 118 
Articles 113 to 117 shall apply mutatis mutandis: 
1. to enforcement of claims for money against an author of a 
scientific edition (Article 70) and against his successor 
in title; 
2. to enforcement of claims for money against a photographer 
(Article 72) and against his successor in title. IP/NIlIDEU/CIl 
Page 65 
5. Enforcement of Claims for Money on Certain Devices 
Article 119 
(1) Devices intended exclusively for reproduction or broad­
casting, such as moulds, plates, engraving stones, blocks, 
stencils and negatives, shall be subject to enforcement of 
claims for money only if the creditor is entitled to exploit 
the work using such devices. 
(2) The same shall apply to devices intended exclusively for 
presenting a cinematographic work, such as reels of film and 
the like. 
(3) Paragraphs (1) and (2) shall apply mutatis mutandis to 
editions protected under Articles 70 and 71, to photographs 
protected under Article 72 and to video and audio recordings 
protected under Article 75(2) and Articles 85, 87, 94 and 95. 
(Amended by the Law of June 23, 1995.) 
Part V Scope of Application. 
Transitional and Final Provisions 
SECTION I SCOPE OF THE LAW 
1. Copyright 
Article 120 German Nationals and nationals of another Member 
State of the EU or of another Contracting State of the 
Convention Concerning the EEA 
(1) German nationals shall enjoy copyright protection· with 
respect to all of their works, whether or not they have been 
published and regardless of the place of publication. In the 
case of a work created by joint authors (Article 8) I it shall 
be sufficient if one of the joint authors is a German national. IP/N/lIDEu/ell 
Page 66 
(2) The following shall be deemed equal to German nationals: 
1. Germans in the meaning of Article 116 (1) of the Basic Law 
who do not possess German nationality, and 
2. nationals of another Member State of the European Union or 
of another Contracting State of the Convention Concerning 
the European Economic Area. 
(Amended by the Law of June 23, 1995.) 
Article 121 Foreign Nationals 
(1) Foreign nationals shall enjoy copyright protection with 
respect to their works published in the territory to which this 
Law applies, unless the work or a translation of the work has 
been published outside that territory more than 30 days prior 
to its publication within that territory. Subject to the same 
limitation, foreign nationals shall enjoy protection with 
respect to their works published in the territory to which this 
Law applies in translation only. 
(2) Works of fine art which are an integral part of real 
property located in the territory to which this Law applies 
shall be assimilated to works published in that territory for 
the purposes of paragraph (1). 
(3) The protection afforded under paragraph (1) may be limited 
by a statutory order of the Federal Minister for Justice for a 
foreign national who does not belong to a member State of the 
Berne Convention for the Protection of Literary and Artistic 
Works and, at the time of publication of the work, had his 
domicile neither in the territory to which this Law applies nor 
in one of the member States of the Berne Union, and if the 
State of which he is a national does not afford adequate 
protection to the works of German nationals. 
(4) Foreign nationals shall further enjoy copyright protection IP/NIlIDEU/CI 1 
Page 67 
as provided by international treaty. In the absence of such 
treaty, such works shall be protected by copyright if, 
according to an announcement by the Federal Minister for 
Justice in the Bundesgesetzblatt, German nationals enjoy in the 
State of which the author is a national equivalent protection 
for their works. 
(5) Resale royalty right (Article 26) shall be available to 
foreign nationals only if the State of which they are nationals 
grants, according to an announcement by the Federal Minister 
for Justice in the Bundesgesetzblatt, German nationals an 
equivalent right. 
(6) Foreign nationals shall enjoy protection under Articles 12 
to 14 with respect to all of their works, even if the 
conditions contained in paragraphs (1) to (5) are not 
fulfilled. 
Article 122 Stateless Persons 
(1) Stateless persons who are habitually resident in the 
territory to which this Law applies shall enjoy with respect to 
their works the same copyright protection as German nationals. 
(2) Stateless persons who are not habitually resident in the 
territory to which this Law applies shall enjoy with respect to 
their works the same copyright protection as the nationals of 
the foreign State in which they are habitually resident. 
Article 123 Foreign Refugees 
The provisions of Article 122 shall apply mutatis mutandis to 
foreigners who are refugees within the meaning of treaties or 
other statutory provisions. This shall not preclude protection 
under Article 121. IP/N/I/DEU/C/l 
Page 68 
2. Neighboring Rights 
Article 124 Scientific Editions and Photographs 
Articles 120 to 123 shall apply mutatis mutandis for the 
protection of scientific editions (Article 70) and the 
protection of photographs (Article 72). 
Article 125 Protection of Performers 
(1) The protection afforded by Articles 73 to 84 shall be 
enjoyed by German nationals with respect to all their 
performances, irrespective of where they take place. Article 
120(2) shall apply. 
(2) Foreign nationals shall enjoy protection with respect to 
all of their performances that take place in the territory to 
which this Law applies unless otherwise stipulated in 
paragraphs (3) and (4). 
(3) If performances by foreign nationals are lawfully fixed on 
video or audio recordings, and if such recordings have been 
published, foreign nationals shall enjoy, with respect to such 
video or audio recordings, protection under Article 75 (2), 
Article 76(2) and Article 77 if they have been published in the 
territory to which this Law applies unless such recordings have 
been published outside the territory to which this Law applies 
more than 30 days before their publication within that 
territory. 
(4) If performances of foreign nationals have been lawfully 
broadcast, the foreign nationals shall enjoy .protection against 
the recording of the broadcast on a video or audio medium 
(Article 75(1», protection against the rebroadcasting of the 
broadcast (Article 76(1» and the protection under Article 77 
if the broadcast was transmitted from the territory to which 
this Law applies. IP/NIlIDEU/CI 1 
Page 69 
(5) Foreign nationals shall further enjoy protection as 
provided by international treaty. Article 121(4), second 
sentence, and Articles 122 and 123 shall apply mutatis 
mutandis. 
(6) Protection under Articles 74, 75(1) and Article 83 shall be 
enjoyed by foreign nationals with respect to all of their 
performances, even if the conditions contained in paragraphs 
(2) to (5) are not fulfilled. The same shall apply to the 
protection under Article 76(1) where a direct broadcast of the 
performance is conce~ned. 
(7) If protection is afforded under paragraphs (2) to (4) or 
(6), it shall expire at the latest on expiry of the term of 
protection in the state of which the performer is a national, 
without exceeding the term of protection under Article 82. 
(Amended by the Law of June 23, 1995.) 
Article 126 Protection of Producers of Audio Recordings 
(1) The protection afforded by Articles 85 and 86 shall be 
enjoyed by German nationals or German enterprises which have 
their headquarters in the territory to which this Law applies 
with respect to all of their audio recordings, irrespective of 
whether and where they have been published. Article 120(2) 
shall apply. Enterprises which have their headquarters in 
another Member State of the European Union or in another 
Contracting State of the Convention Concerning the European 
Economic Area shall be deemed equal to enterprises which have 
their headquarters in the territory to which this Law applies. 
(2) Foreign nationals or foreign enterprises which do not have 
their headquarters in the territory to which this Law applies 
shall enjoy protection for their audio recordings published in 
that territory unless the recording was published outside the IP/N/I/DEU/C/I 
Page 70 
territory to which this Law applies more than 30 days before it 
was published in that territory. Protection shall however 
expire at the latest on expiry of the term of protection in the 
state whose nationality the producer of the audio recording 
possesses or in which the enterprise has its headquarters, 
without exceeding the term of protection under Article 85(2). 
(3) Foreign nationals or foreign enterprises which do not have 
their headquarters in the territory to which this Law applies 
shall further enjoy protection as provided by international 
treaty. Article 121(4), second sentence, and Articles 122 and 
123 shall apply mutatis mutandis. 
(Amended by the Law of June 23, 1995.) 
Article 127 Protection of Broadcasting Organizations 
(1) Broadcasting organizations which have their headquarters in 
the territory to which this Law applies shall enjoy the 
protection afforded by Article 87 with respect to all of their 
broadcasts, irrespective of where they are broadcast. Article 
126(1), third sentence, shall apply. 
(2) Broadcasting organizations which do not have their 
headquarters in the territory to which this Law applies shall 
enjoy protection for all of their broadcasts which are 
broadcast from that territory. Protection shall expire at the 
latest on expiry of the term of protection in the state in 
which the broadcasting organization has its headquarters, 
without exceeding the term of protection under Article 87(2). 
(3) Broadcasting organizations which do not have their 
headquarters in the territory to which this Law applies shall 
further enjoy protection as provided by international treaty. 
Article 121(4), second sentence, shall apply mutatis mutandis. 
(Amended by the Law of June 23, 1995.) Article 128 Protection of Film Producers IP/NllIDEU/C/1 
Page 71 
(1) German nationals or German enterprises which have their 
headquarters in the territory to which this Law applies shall 
enjoy the protection afforded by Articles 94 and 95 with 
respect to their video or video and audio recordings, 
irrespective of whether and where they have been published. 
Article 120(2) and Article 126(1), third sentence, shall apply. 
(2) The provisions of Article 126(2} and (3) shall apply 
mutatis mutandis to foreign nationals or foreign enterprises 
which do not have their headquarters in the territory to which 
this Law applies. 
(Amended by the Law Gf June 23, 1995.) 
SECTION II TRANSITIONAL PROVISIONS 
Article 129 Works 
(1) The provisions of this Law shall also apply to works 
created prior to its entry into force, unless such works were 
not at that time protected by copyright or unless some 
provision to the contrary is contained in this Law. This shall 
also apply mutatis mutandis to neighboring rights. 
(2) The duration of copyright for works which have been 
published after the expiration of 50 years from the author's 
death, but prior to the entry into force of this Law shall be 
determined in accordance with previously existing legal 
provisions. IP/NIlIDEU/CI 1 
Page 72 
Article 130 Translations 
The rights of an author of a translation which was lawfully 
published prior to January 1, 1902, without the consent of the 
author of the work translated shall remain unaffected. 
Article 131 Works of Language Set to Music 
Works of language set to music which could be reproduced, 
distributed and publicly communicated without the consent of 
the author under Article 20 of the Law on Copyright in Works of 
Literature and Music of June 19, 1901 (Reichsgesetzblatt p. 
227) in the version of the Law of May 22, 1910, giving effect 
to the revised Berne Convention for the Protection of Literary 
and Artistic Works (Reichsgesetzblatt p. 793), may continue in 
the future to be reproduced, distributed and publicly 
communicated to the ~ame extent, if the musical version of the 
work was published prior to the entry into force of this Law. 
Article 132 Contracts 
(1) The provisions of this Law, with the exception of Articles 
42, 43 and 79, shall not apply to contracts concluded prior to 
the entry into force of this Law. Articles 40 and 41 shall 
apply to such contracts, except that the periods mentioned in 
Article 40(1}, second sentence, and Article 41(2) shall begin 
not earlier than the entry into force of this Law. 
(2) Dispositions taken prior to the entry into force of this 
Law shall remain effective. 
Article 133 (Repealed) 
(Repealed by the Law of August 17, 1973.) Article 134 Authors IP/N/lIDEU/C/l 
Page 73 
Any person who, at the time of entry into force of this Law, is 
considered an author under the earlier provisions, but not 
under the provisions of this Law, shall continue to be deemed 
an author except for the purposes of Article 135. Where a legal 
person is considered the author of a work under the earlier 
provisions, those previous provisions shall be applicable in 
calculating the duration of copyright. 
Article 135 Owners of Neighboring Rights 
Any person who, at the time of entry into force of this Law is 
considered the author of a photograph or of the recording of a 
work on devices for audible mechanical reproduction, ~nder the 
earlier provisions, shall be the owner of the corresponding 
neighboring rights afforded by this Law. 
Article 135a Calculation of the Term of Protection 
Where the term of protection is shortened by the application of 
this Law to a right which came into being prior to the entry 
into force of this Law, and where the event which under this 
Law determines the beginning of the term of protection occurred 
prior to the entry into force of this Law, such term shall be 
calculated as from the entry into force of this Law. However, 
protection shall lapse not later than on expiration of the 
duration of protection under the earlier provisions. 
(Added by the Law of November 10, 1972.) IP/~/l/I>~lJ/C:/l 
~~ 
Article 136 Reproduction and Distribution 
(1) Where reproduction is permissible under the earlier 
provisions, but prohibited under this Law, any making of copies 
of such reproduction commenced prior to the entry into force of 
this Law may be completed. 
(2) Any copies made pursuant to paragraph (1) or prior to the 
entry into force of this Law may be distributed. 
(3) If equitable remuneration is to be paid under this Law to 
the right holder for a reproduction which would have been free 
under the earlier provisions, the copies referred to in 
paragraph (2) may be distributed without payment of 
remuneration. 
Article 137 Transfer of Rights 
(1) If copyright has been transferred prior to the entry into 
force of this Law, the transferee shall enjoy the corresponding 
exploitation rights (Article 31). However, transfer shall not 
be deemed in doubt to extend to rights first established by 
this Law. 
(2) If copyright has been transferred in whole or in part to 
another person prior to the entry into force of this Law, the 
transfer shall also extend in doubt to the period of time by 
which the duration of copyright was extended under Articles 64 
to 66. The same shall apply if, prior to the entry into force 
of t~is Law, another person has been authorized to exercise one 
of the rights afforded to the author. 
(3) In the cases referred to in paragraph (2), the transferee 
or the person receiving authorization shall pay to the 
transferor or the person giving authorization an equitable 
remuneration if it is to be assumed that the latter would have IP/N/lIDEU/C/l 
Page 75 
obtained higher remuneration for the transfer or authorization 
if the extended term of protection had already been stipulated 
at that time. 
(4) The claim to remuneration shall fall away if, as soon as it 
is asserted the transferee places the right at the disposal of 
the alien or for the time following expiry of the hitherto 
stipulated duration of protection or the person receiving 
authorization waives such authorization for that period of 
time. If the acquirer has further alienated the copyright prior 
to the entry into force of this Law, the remuneration shall not 
be payable if it would constitute an undue burden on the 
acquirer in view of the circumstances of the further 
alienation. 
(5) Paragraph (1) shall apply to neighboring rights, mutatis 
mutandis. 
Article 137a Photographic Works 
(1) The provisions of this Law as regards the term of' copyright 
shall also apply to those photographic works whose term of 
protection under prior law has not yet expired on July 1, 1985. 
(2) Where a right of.exploitation in a photographic work has 
been assigned or transferred to another person; such assignment 
or transfer shall not extend, in case of doubt, to the period 
of time by which the term of copyright in photographic works 
has been extended. 
(Added by the Law of June 24, 1985.) 
Article 137b Certain Editions 
(1) The prov~s~ons of this Law concerning the term of 
protection under Articles 70 and 71 shall also be applied to IP/NIlIDEU/CI 1 
Page 76 
scientific editions and posthumous editions where their term of 
protection under prior law has not yet expired on July 1, 1990. 
(2) Where any right of exploitation in a scientific edition or 
a posthumous edition has been assigned or transferred to 
another person prior to July 1, 1990, the assignment or 
transfer shall also extend, in case of doubt, for the period of 
time by which the term of the neighboring right has been 
extended. 
(3) The provisions of Article 137(3) and (4) shall apply 
mutatis mutandis. 
(Added by the Law of March 7, 1990.) 
Article 137c Performers 
(1) The provisions of this Law concerning the term of 
protection under Article 82 shall also be applied to 
performances recorded on video or audio mediums prior to 
July 1, 1990, if on January 1, 1991, 50 years have not yet 
elapsed since publication of the recording. If the video or 
audio recording has not been published within that period of 
time, the period is to be calculated as from the performance. 
Protection under this Law shall in no event exceed 50 years 
after publication of the video or audio recording or, if the 
recording has not been published, 50 years after the 
performance. 
(2) Where a right of exploitation in the performance has been 
assigned or transferred to another person prior to July 1, 
1990, the assignment or transfer shall also extend, in case of 
doubt, to the period of time by which the term of protection 
has been extended. 
(3) The provisions of Article 137{3) and (4) shall apply mutatis mutandis. 
(Added by the Law of March 7, 1990.) 
Article 137d Computer Programs I1?/~/l/I>I!{]/C:/l 
~n 
(1) The provisions of Section VIII of Part I shall also apply 
to c~mputer programs created prior to June 24, 1993. However, 
the exclusive rental right (Article 69c, item 3) shall not 
extend to copies of a program acquired by others prior to 
January 1, 1993, for the purpose of rental. 
(2) Article 69g(2) shall also apply to contracts concluded 
prior to June 24, 1993. 
(Added by the Law of June 9, 1993.) 
Article 137e Transitional regulation in implementation of 
Directive 92/100/EEC 
(1) The provisions of this Law entering into force on June 30, 
1995 shall also apply to previously created works, perform­
ances, audio recordings, broadcasts and films, unless they are 
no longer protected at this time. 
(2) If an original or copy of a work or a video or audio 
recording was acquired prior to June 30, 1995 or made available 
to a third party for the purposes of rental, the consent of the 
holder of the rental·right (Articles 17, 75 (2) and Articles 85 
and 94) shall be deemed to have been given with regard to 
rental after this time. The hirer shall pay in each case an 
equitable remuneration to these rightholders; Article 27 (1), 
second and third sentences, in respect of the rights of authors 
and performers and Article 27 (3) shall apply mutatis mutandis. 
Article 137d shall remain unaffected. IP/N/lIDEU/C/l 
Page 78 
(3) If a video or audio recording which prior to June 30, 1995 
was acquired or made.available to a third party for the 
purposes of rental was rented between July 1, 1994 and June 30, 
1995, this rental shall be subject to a remuneration right, 
whereby paragraph (2), second sentence, shall apply mutatis 
mutandis. 
(4) If an author has granted an exclusive distribution right 
prior to June 30, 1995, the grant shall also apply to the 
rental right. If a performer has participated prior to this 
date in the production of a cinematographic work, or consented 
to the use of his performance for the production of a 
cinematographic work, his exclusive rights shall be deemed to 
have been assigned to the film producer. If prior to this date 
he has consented to the fixation of his performance on a audio 
recording and to reproduction, consent shall also be deemed to 
constitute assignment of the distribution right, including 
rental. 
(Added by the Law of June 23, 1995.) 
Article 137f Transitional regulation in implementation of 
Directive 93/98/EEC 
(1) If by application of this Law in the version applicable 
from July 1, 1995 the duration of a previously accrued right 
were to be reduced, protection shall expire on expiry' of the 
term of protection pursuant to the provisions applicable prior 
to June 30, 1995. Furthermore, the provisions of this Law 
regarding the term of protection in the version applicable from 
July 1, 1995 shall also apply to works and related rights with 
regard to which protection did not yet expire on July 1, 1995. 
(2) The provisions contained in the version of the Law 
applicable from July 1, 1995 shall also apply to works with 
respect to which protection pursuant to this Law expired prior IP/N/lIDEU/C/l 
Page 79 
to July 1, 1995, but which at this time still exists pursuant 
to the law of another Member State of the European Union or of 
another Contracting State of the Convention Concerning the 
European Economic Area. The first sentence shall apply mutatis 
mutandis to the related rights of the publisher of posthumous 
works (Article 71), of the performers (Article 73), of 
producers of audio recordings (Article 85), of broadcasting 
organizations (Article 87) and of producers of films 
(Articles 94 and 95). 
(3) If protection of a work is resumed under paragraph (2) in 
the territory to which this Law applies, the author shall be 
entitled to the resumed rights. Exploitation commenced prior to 
July· 1, 1995 may however be continued in the framework provided 
for. An equitable remuneration shall be paid for exploitation 
from July 1, 1995. The first to third sentences shall apply 
mutatis mutandis to related rights. 
(4) If prior to July 1, 1995 an exploitation right concerning 
the subject-matter of a neighbouring right remains protected 
under this Law has been granted or assigned to another, in 
cases of doubt the grant or assignment shall also cover the 
period by which the term of protection has been extended. In 
the case of the first sentence, equitable remuneration shall be 
afforded. 
(Added by the Law of June 23, 1995.) 
SECTION III FINAL PROVISIONS 
Article 138 Register of Authors 
(1) The Register of Authors for the entries set out in Article 
66(2), second senten~e, shall be kept at the Patent Office. The 
Patent Office shall effect the entries without verifying the 
applicant's entitlement or the accuracy of the information 
submitted for entry. IP/~/l/I>~lJ/C:/l 
~W 
(2) If entry is refused, the applicant may petition for a 
decision by the courts. The petition shall be heard by the 
Provincial High court having jurisdiction for the district in 
which the Patent Office has its heardquarters and which shall 
give a reasoned decision. The petition shall be made in writing 
to the Provincial High Court. The decision of the Provincial 
High Court shall be final. In other respects, judicial 
procedure shall be governed by the provisions of the Law on 
Matters of Voluntary Jurisdiction. The court costs shall be 
governed by the Regulations on Costs; the fees shall be 
determined.by Article 131 of the Regulations on Costs. 
(3) The entries shall be published in the Bundesanzeiger. The 
cost of publication shall be paid in advance by the applicant. 
(4) Any person may inspect the Register of Authors. Extracts 
from the Register shall be issued on request; when required, 
they shall be certified. 
(S) The Federal Minister for Justice shall be empowered to 
issue statutory orders 
1. regulating the form of the application and the maintenance 
of the Register of Authors; 
2. ordering the imposition of charges (fees and expenses) to 
cover administrative costs relating to the entry, the 
issuing of a certificate of entry and the issuing of other 
extracts or their certification, and regulating matters 
concerning the party liable for costs, the time at which 
charges are due, the obligation of payment in advance, 
exemption from charges, limitation, the procedure for the 
fixing of charges, and legal remedies against the fixing 
of charges. The fee for an entry shall not excee~ 30 
German marks. 
(6) Entries made with the Leipzig City Council under Article 56 
of the Law on Copyright in Works of Literature and Music of June 19, 1901, shall remain effective. 
(Amended by the Law of June 23, 1970.) ]]>/~/I/I)JjlJ/<:/1 
Page 81 
Article 139-141 
(irrelevant) Amending and Repealing Provisions 
Article 142 Application in Land Berlin (irrelevant) 
This Law shall also apply in the Land Berlin in accordance with 
Article 13(1), of the Third Transitional Law of January 4, 1952 
(B~ndesgesetzblatt I, p. 1). Statutory orders issued pursuant 
to this Law shall also apply in the Land Berlin in accordance 
with Article 14 of the Third Transitional Law. 
Article 143 Entry Into Force 
(1) Articles 64 to 67, 69, 105(1) to (3) and 138(5) shall enter 
into force on the day following promulgation of this Law. 
(2) All other provisions of this Law shall enter into force on 
January 1, 1966. IP/NIl/DEU/CI 1 
Page 82 
ANNEX (to Article 54(4) of the Copyright Law) 
Rates of Remuneration 
I. Remuneration under Article 54(1): 
The remuneration due to all owners of rights shall be· 
1. for each audio recording appliance ............ ~ 2.50 DM 
2. for each video recording appliance with or 
without audio r~cording ....................... 18.00 OM 
3. in respect of audio recording mediums, 
for each hour of playing time in normal 
utilization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. O. 12 OM 
4. in respect of video recording mediums, 
for each hour of playing time in normal 
utilization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. O. 1 7 OM 
5. for each audio and video recording appliance for 
whose operation separate mediums are not required 
. (items 3 and 4), twice the remuneration rates under 
items 1 and 2 
II. Remuneration under Article 54(2): 
1. Remuneration due to all owners of rights under 
Article 54(2), first sentence, shall be, for each 
reproduction appliance with a capacity of 
from 2 to 12 copies a minute ....................... 75 DN. 
from 13 to 35 copies a minute ..................... 100 OM 
from 36 to 70 copies a minute ..................... 150 OM 
more than 70 copies a minute ...................... 600 DM IP/N/lIDEU/CIl 
Page 83 
2~ Remuneration due to all owners of rights under 
Article 54(2), second sentence, shall be, for each 
DIN A4 page of photocopying 
(a) for photocopies made exclusively from books approved 
by a provincial authority as school, books and 
intended for school use ...................... 0.05 DM 
(b) for all other photocopies .................... 0.02 DM 
3. For reproduction appliances with which polychrom~ photo­
copies can be made and for polychrome photocopies, the 
rate of remuneration shall be double. 
4. These rates of remuneration shall be applied mutatis 
mutandis to other reproduction processes having a 
comparable effect. 