WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/DEU/C/2 
24 May 1996 
(96-1981) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Germany 
The present document reproduces I the Law Dealing with the Administration of Copyright and 
Related Rights (Copyright Administration Act) of 9 September 1965, as last amended by Law of 
23 June 1995, as notified by Germany under Article 63.2 of the Agreement (see document 
IP/N/l/DEU/l/Rev.I). 
Conseil des aspects des droits de propriete 
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 present document contient le texte1 de la Loi du 9 septembre 1965 relative ai' administration 
du droit d'auteur et des droits connexes (Loi sur 1 'administration du droit d'auteur), modifiee en dernier 
lieu par la Loi du 23 juin 1995, notifiee par l' Allemagne au titre de l'article 63:2 de l' Accord (voir 
le document IP/N/l/DEU/l/Rev.I). 
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 pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
Alemania 
El presente documento reproduce1 la Ley de Administraci6n del Derecho de Autor y Derechos 
Conexos, de 9 de septiembre de 1965, con las ultimas modificaciones introducidas por la Ley de 23 de 
junio de 1995, notificada por Alemania en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/I/DEU/I/Rev.I). 
lEnglish only/anglais seulementlen ingles solamente. IP/N/lIDEU/C/2 
Page 2 
GERMANY 
LAW ON THE ADMINISTRATION OF COPYRIGHT AND NEIGHBORING RIGHTS 
(COPYRIGHT ADMINISTRATION 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 
July 25, 1994, and by the Law of June 23, 1995) 
SECTION I AUTHORIZATION TO CONDUCT BUSINESS 
Article 1 Compulsory Authorization 
(f) Any person who undertakes the collective management of 
exploitation rights, authorization rights or claims to 
remuneration pursuant to the Copyright Law of September 9, 1965 
(Bundesgesetzblatt I, p. 1273), for the account of several 
authors or holders of neighboring rights shall require an 
authorization to that effect irrespective of whether 
administration is undertaken on his own behalf or 'on behalf of 
others. 
(2) Paragraph (1) shall not apply to the occasional or short 
term administration of the rights and claims referred to. 
(3) Any person who acts without the authorization required by 
paragraph (1) may not assert the rights or claims entrusted to 
him for administration. He shall not be entitled to file a 
complaint under Article 109 of the Copyright Law. IP IN 11 ID EU le/2 
Page 3 
(4) If th~ activity referred to in paragraph (1) is undertaken 
by a legal person or a partnership they shall constitute a 
collecting society within the meaning of this Law. If the 
activity referred to in paragraph (1) is undertaken by an 
individual natural person, the provisions of this Law in 
respect of collecting societies shall apply to such person 
mutatis .mutandis. 
Article 2 Grant of Authorization 
Authorization shall be granted by the supervisory authority 
(Article 18(1}) on a written application. The application shall 
be accompanied by: 
1. the statutes of the society; 
2. a statement of the names, addresses and nationalities of 
the persons entitled by law or the statutes to represent 
the society; 
3. a declaration stating the number of persons who have 
entrusted the collecting society with the administration 
of their exploitation rights, authorization rights or 
claims to remuneration, and the quantities and economic 
importance of the rights and claims entrusted to the 
society for administration. 
Article 3 Refusal of Authorization 
(1) Authorization may be refused only if: 
1. the statutes of the collecting society do not comply with 
the provisions of this Law; 
2. there is reason to believe that a person entitled by law 
or the statutes to represent the collecting society does 
not possess the trustworthiness needed for the exercise of 
his activity; or 
3. it is unlikely, in view of the economic basis of the 
collecting society, that the rights and claims entrusted 
to it will be effectively administered. IP/N/1/DEU/C/2 
Page 4 
(2) The reasons for refusing authorization shall be given and 
notified to the collecting society .. 
Article 4 Revocation of Authorization 
(1) Authorization shall be revoked if: 
1. one of the grounds for refusal mentioned in Article 3(1) 
was not known to the supervisory authority at the time of 
granting authorization or occurred subsequently and the 
deficiency is not remedied within a period to be·laid down 
by the supervisory authority, or 
2. despite a warning by the supervisory authority, the 
collecting society repeatedly infringes one of the 
obligations incumbent on it under this Law. 
(2) The grounds for revoking the authorization shall be given 
and notified to the collecting society. Revocation shall become 
effective three months after it has become uncontestable, 
provided no later date is fixed therein. 
Article 5 Publication 
The grant of authorization and any revocation that has become 
effective ·in accordance with Article 4(2) shall be published in 
the Official Bulletin (Bundesanzeiger). 
SECTION II RIGHTS AND DUTIES OF COLLECTING SOCIETIES 
Article 6 Obligation to Administer 
(1) A collecting society shall be required, at the request of a 
right holder, to administer on equitable terms the rights and 
claims relevant to its sphere of activity if such rigpt holder 
is a German within the meaning of the Basic Law or nationals of IP/N/lIDEU/C/2 
Page 5 
another Member State of the European Union or of another 
Contracting State of the Convention Concerning the European 
Economic Area or has his place of residence in the territory to 
which this Law applies ~nd if effective administration of his 
rights and claims is not otherwise possible. If the owner of an 
enterprise is the rightholder, the obligation shall exist 
towards the company which has its headquarters in a Member 
State of the European Union or in a Contracting State of the 
Convention Concerning the European Economic Area. 
(2) A joint representation shall be constituted to adequately 
safeguard the interests of right holders who have not been 
accepted as members of a collecting society. The statutes of a 
collecting sOciety shall contain provisions on the choice of 
the representation by the right holder~ and on the powers of 
the representation. 
(Amended by the Law of June 23, 1995.) 
Article 7 Distribution of Revenue 
A collecting society shall distribute the revenue from .its 
activities according to fixed rules (distribution plan) that 
prevent any arbitrary act of distribution. The distribution 
plan shall conform to the principle that culturally important 
works and performances are to be promoted. The principles of 
the distribution plan shall be incorporated in the statutes of 
collecting societies. 
Article 8 Welfare and Assistance Schemes 
Collecting societies shall set up welfare and assistance 
schemes for the holders of the rights and claims that they 
administer. IP/NIlIDEU/C/2 
Page 6 
'Article g' Rendering of Accounts and Auditing 
(1) Immediately on completion of the financial year, a 
collecting society shall draw up for the past year a balance 
sheet, profit and loss account and an appendix (annual 
accounts) together with an annual report. 
(2) The annual accounts shall be drawn up in a clear and 
readily understandable manner. The rules of orderly bookkeeping 
shall be applied. Explanations on the balance sheet and on the 
profit and loss account shall be given in the appendix. 
(3) The annual report shall set out the transactions and 
situation of the collecting society in such a way as to present 
a picture that corresponds to the real circumstances. 
(4) The annual accounts, including the bookkeeping and the 
annual report, shall be audited by one or more qualified 
auditors. Only accountants or firms of accountants may be 
appointed as auditors. 
(5) The auditors shall report in writing on the result of their 
audit. If the outcome of their audit results in no objections, 
they shall certify that fact by the following statement on the 
annual accounts: 
I/we have duly examined the bookkeeping, the annual 
accounts and the annual report and have found them in 
conformity with the law and with the statutes of the 
society. 
If they have objections to raise, the auditors shall either 
qualify or refuse their audit certificate. The auditors shall 
sign the audit certificate stating the place and date. 
(6) The collecting society shall publish the annual accounts 
and the annual report in the Bundesanzeiger not later than 
eight months after the close of the financial year. Publication 
shall include the full text of the audit certificate. If the IP/N/lIDEU/C/2 
Page 7 
auditors refuse their certification, attention shall be drawn 
to the fact in a special. note on the annual accounts. 
(7) More extensive statutory provisions on rendering of 
accounts and auditing shall remain unaffected. 
(Amended by the Law of December 19, 1985.) 
Article 10 obligation to Furnish Information 
Collecting societies shall be required to inform any person, on 
a written request, whether they administer exploitation rights 
in a given work or given authorization rights or claims to 
re~uneration on behalf of an author or of a holder of 
neighboring rights. 
Article 11 Obligation to Contract 
(1) Collecting societies shall be required to grant 
exploitation rights or authorizations to any person so 
requesting on equitable terms in respect of the rights they 
administer. 
(2) Should no agreement be reached with respect to the amount 
of remuneration to be paid for the grant of exploitation rights 
or of an authorization, the rights or authorization shall be 
deemed to ha~~ been granted if the remuneration demanded by the 
collecting society has been paid subject to reservation or has 
been deposited in favor of the collecting society. 
Article 12 Inclusive Contracts 
Collecting societies shall be required to conclude inclusive 
contracts in respect of the rights and claims they administer, 
on equitable terms, with associations whose members exploit IP/N/1/DEU/C/2 
Page·g 
works or performances protected under the Copyright Law or who 
are required to pay remuneration under the Copyright Law, 
unless they_ may not reasonably be expected to conclude such 
inclusive contract, particularly where the membership of such 
association is too small. 
Article 13 Tariffs 
(1) Collecting societies shall draw up tariffs in respect of 
the remuneration they demand for the rights and claims they 
administer. Where inclusive contracts have been concluded, the 
rates of remuneration agreed upon in such contracts shall 
constitute the-tariffs. 
(2) Collecting societies shall be required to publish, the 
tariffs and any amendment thereto without delay in the 
Bundesanzeiger. 
(3) The basis for calculating the tariffs shall normally be the 
monetary advantages obtained from exploitation. The tariffs may 
also be computed on other bases where these result in adequate 
criteria for the proceeds of exploitation, that may be assessed 
with reasonable economic outlay. When establishing tariffs, the 
proportion of the utilization of a work in the total exploita­
tion shall be taken into appropriate account. In establishing 
the tariffs and in collecting the remuneration, collecting 
societies shall have due regard to the religious, cultural and 
social interests of the persons liable to pay the remuneration, 
including the interests of youth welfare. 
(Amended by the Law of June 24, 1985.) 
Article 13a Obligations of Organizers 
(1) Organizers of public communications of copyrighted works 
shall be required to obtain beforehand the authorization of the. IP/N/lIDEU/C/2 
Page 9 
collecting society which administers the exploitation rights in 
the work~ concerned. 
(2) After the event, the organizer shall send to the collecting 
society a list of ti10 works used at the event. This shall not 
apply to the communication of a work by means of audio 
recordings, to communication of broadcasts of a work or to 
events at which as a rule non-protected or insignificantly 
adapted works of music are performed. 
(3) Where inform<ation for the distribution of revenue from the 
administration of the right to communicate broadcasts is needed 
from the broadcasting organizations which have organized the 
broadcasts, such organizations shall be required to provide the 
collecting societies with such information against payment of 
their expenses. 
(Amended by the Law of June 24, 1985.) 
Article 13b Presumption of Entitlement 
(1) Where a collecting society asserts a claim to information 
that may only be asserted by a collecting society, it shall be 
presumed that it ad~inisters the rights of all right holders. 
(2) Where a collecting society asserts a claim to remuneration 
under Articles 27, 54(1), Article 54a(1) or (2), Article 75(3), 
Article 85(3) or Article 94(4) of the Copyright Law, it shall 
be presumed that it administers the rights of all right 
holders. Where more than one collecting society is entitled to 
assert the claim, the presumption shall only apply where the 
claim is asserted jointly by all entitled collecting societies. 
Where a collecting society receives payments for those right 
holders whose rights it does not administer, it shall exempt 
the persons liable to make payments from the remuneration 
claims of such right holders. IP/N/1/DEU/C/2 
Page 10 
(Added by the Law of June 24, 1985, and amended by the Law of 
July 25, 1994, and by the Law of June 23, 1995.) 
Article 14 Arbitration Board 
(1) In disputes to which a collecting society is a party, any 
party may apply to the Arbitration Board where the dispute 
concerns 
1. the use of works or performances protected by the 
Copyright Law, or 
2. the conclusion or amendment of an inclusive contract. 
(2) The Arbitration Board shall be constituted at the 
supervisory authority (Article 18(1)). It shall consist of a 
Chairman or his deputy and two assessors. The members of the 
Arbitration Board must be competent to act as judges in 
conformity with the German Law on Judges. They shall be 
appointed by the Federal Minister for Justice for four.years; 
they may be reappointed. 
(3) The members of the Arbitration Board shall not be bound by 
instructions. 
(4) Recourse to the Arbitration Board may be obtained by 
written application. 
(5) The Arbitration Board shall endeavor to obtain an amicable 
settlement to the dispute. A settlement decided by the 
Arbitration Board shall become enforceable when signed by the 
Chairman and the parties and the day on which it has been 
reached is recorded thereon; Article 797a of the Code of Civil 
Procedure shall apply mutatis mutandis. 
(6) An arbitration agreement concerning future disputes under 
paragraph (1), item 2, shall be null and void if it does not 
afford every party the right to apply to the Arbitration Board, 
instead of to an arbitration tribunal, and to require a 
decision by the ordinary courts. IP/N/1/DEU/C/2 
Page 11 
(7) Application to the Arbitration Board shall interrupt 
prescription in the same way as the institution of legal 
proceedings. The interruption shall continue until the 
procedure before the Arbitration Board is completed. 
Article 211(2) of the Civil Code shall apply mutatis mutandis. 
If the application to the Arbitration Board is withdrawn, the 
prescription shall be deemed not to have been interrupted. 
(Amended by the Law of June 24, 1985.) 
Article 14a Settlement Proposal by the Arbitration Board 
(1) The Arbitration Board shall take its decisions on a 
majority vote. Article 196(2) of the Judiciary Law shall be of 
application. 
(2) The Arbitration Board shall propose a settlement to the 
parties. The settlement proposal shall be reasoned and shall be 
signed by all members of the Arbitration Board. The settlement 
proposal shall point out the possibility of opposition and set 
out the consequences of failure to comply-with the time limit 
for opposition. The settlement proposal shall be served on the 
parties. 
(3) The settlement proposal shall be deemed to have been 
accepted and an agreement corresponding to the content of the 
proposal to have been entered into if the Arbitration Board has 
received no written opposition within one month of 'service of 
the proposal. 
(4) The accepted settlement proposal shall be enforceable; 
Article 797a of the Code of Civil Procedure shall apply mutatis 
mutandis. IP/N/lIDEU/C/2 
Page 12 
Article 14b Limitation of the Settlement Proposal; Waiver of a 
Settlement Proposal 
(1) Where disputes under Article 14(1), item 1, concern the 
applicability or equitability of tariffs (Article 13) and where 
the substance is also disputed, the Arbitration Board may limit 
its settlement proposal to comments as to the applicability or 
equitability of the tariff. 
(2) Where the applicability or equitability of tariffs under 
Article 14(1), item 1, are not in dispute, the Arbitration 
Board may waive a settlement proposal. 
Article 14c Disputes Concerning Inclusive Contracts 
(1) In the case of disputes under Article 14(1), item 2, the 
settlement proposal shall contain the contents of the inclusive 
contract. The Arbitration Board may only propose an inclusive 
contract with effect from January 1 of the year in which the 
application was made. 
(2) At the request of any of the parties, the Arbitration Board 
may make a proposal for a provisional settlement. Article 
14a(2), second to fourth sentences, and (3) shall be of 
application. The provisional settlement shall apply, failing 
any other agreement, .until completion of the procedure before 
the Arbitration Board. 
(3) The Arbitration Board shall inform the Federal Cartel 
Office (Bundeskartellamt) of the proceedings. Article 90(1), 
second sentence, and (2) of the Law Against Restrictions on 
Competition shall be of application mutatis mutandis subject to 
the limitation that the President of the Federal Cartel Offtce 
may not appoint as a representative any member of the 
supervisory authority (Article 18(1)). 
(Articles 14a to 14c added by the Law of June 24, 1985.) IP/N/1/DEU/C/2 
Page 13 
Article 15 Proceedings Before the Arbitration Board 
The Federal Minister for Justice shall have the power to lay 
down, by statutory order, 
1. the procedure before the Arbitration Board, 
2. detailed regulations on the remuneration of members of the 
Arbitration Board for their activities, 
3. charges (fees and expenses) to be imposed by the 
supervisory authority for proceedings before the 
Arbitration Board to cover administrative costs; the fees 
shall not be in excess of those applicable to first. 
instance proceedings, 
4. provisions concerning the party liable for costs, the time 
at which charges are due and their prescription, the 
obligation of payment in advance, exemption from charges, 
the procedure for the fixing of charges and legal remedies 
against the fixing of charges. 
(Amended by the Law of June 24, 1985.) 
Article 16 Assertion of Claims Before the Courts 
(1) For disputes under Article 14(1), claims may not be 
asserted in court proceed~ngs unless they have been preceded by 
proceedings before the Arbitration Board. 
(2) This shall nota~ply for disputes under Article 14(1), item 
1, in which the applicability and equitability of the tariff 
are not disputed. Should it nevertheless prove during the 
action that the applicability or the equitability of the tariff 
is in dispute, the court shall suspend the action to enable the 
parties to apply to the Arbitration Board. If the party that 
disputes the applicability or equitability of the tariff does 
not provide within two months of suspension evidence that an 
application has been made to the Arbitration Board, the action 
shall be continued; in such event, the applicability and IP/N/1/DEU/C/2 
Page 14 
equitability of the tariff on which the exploitation 
relationship has been based by the collecting society shall be 
deemed to have been accepted. 
(3) Prior application to the Arbitration Board shall likewise 
not be required for applications for a distraint 
order or an injunctiGn. Once a distraint order or an ~njunc­
tion has been issued, the action shall be receivable without 
the limitation contained in paragraph (1) if a time limit has 
been imposed on the party under Articles 926 and 936 of the 
Code of Civil Procedure for instituting proceedings. 
(4) Claims for the conclusion of an inclusive contract (Article 
12) shall be heard exclusively in first instance by the 
competent Provincial High Court. Part 1 of the Second Volume of 
the Code of Civil Procedure shall apply mutatis mutandis to the 
procedure. The Provincial High Court shall determine the 
content of the inclusive contracts, in particular the nature 
and amount of remuneration, at its discretion. The fin9ings of 
the co~rt shall replace the corresponding agreement between the 
parties. Determination of a contract is only possible with 
effect from January 1 of the year in which the request was 
made. Appeals from final decisions taken by the Provincial High 
Court shall be governed by the Code of Civil Procedure. 
(Amended by the Law of June 24, 1985.) 
Article 17 Exclusive Jurisdiction 
(1) Exclusive jurisdiction for litigation concerning claims by 
a collecting society for infringement of an exploitation right 
or an authorization right administered by it shall reside with 
the court in whose area the act of infringement has been 
committed or in which the infringer has his legal domicile. 
Article 105 of the Copyright Law shall remain unaffected. 
(2) Where more than one court is competer.t to hear under the IP/N/lIDEU/C/2 
Page 15 
first sentence of paragraph (1) a series of actions against the 
same infr'inger, the collecting society may assert all its 
claims before one of those courts. 
SECTION III SUPERVISION OF COLLECTING SOCIETIES 
Article 18 Supervisory Authority 
(1) The supervisory authority shall be the Patent Office. 
(2) Any supervision of collecting societies under other 
statutory provisions shall be exercised in conjunction with the 
Patent Office. 
(3) Decisions on applications for authorization to conduct 
business (Article 2) and on revocation of authorization 
(Article 4) shall be taken by the Patent Office, in agreement 
with the Federal Cartel Office. If no such agreement i~ 
possible, the Patent Office shall submit the case to the 
Federal Minister for Justice, whose directives, issued after 
consultation with the Federal Minister for the Economy, shall 
replace such agreement. 
Article 19 Purpose of Supervision 
(1) The supervisory authority shall ensure that collecting 
A' 
societies faithfully discharge their obligations under this 
Law. 
(2) The supervisory authority may at all times demand from 
collecting societies information on any matters concerning 
their conduct of business and require to see their books or 
other business papers. 
(3) The supervisory authority shall be entitled to be 
represented at the meetings of members and also at any meetings 
of the supervisory board or advisory board where such exist. IP/N/1/DEU/C/2 
Page 16 
(4) If there is reason to believe that a person entitled by law 
or the statutes to represent a collecting society does not 
possess the trustworthiness needed for the exercise of his 
activity, the supervisory authority shall set a date for him to 
be relieved from his post to avoid revocation of authorization 
under Article 4(1) , item 1. The supervisory authority may 
forbid him to exercise his activity further pending expiry of 
the time limit where necessary to prevent serious detriment. 
Article 20 Obligation to Notify 
Collecting societies shall be required to inform the 
supervisory authority of any change concerning the persons 
entitled by law or by the statutes to represent them. They 
shall immediately furnish the supervisory authority with copies 
of: 
1. any amendment to the statutes; 
2. -the tariffs and any alteration thereof; 
3. the inclusive contracts; 
4. agreements with foreign collecting societies; 
5. the resolutions of the meeting of members, of any 
supervisory board or advisory board and of all committees; 
6. the annual accounts, annual report and auditors' report; 
7. any decisions in judicial or official proceedings to which 
they are party, where the supervisory authority so 
requires. 
(Amended by the Law of December 19, 1985.) 
Article 20a (Repealed) 
(Added by the Law of June 24, 1985, and repealed by the Law of 
July 25, 1994.) IP/N/lIDEU/C/2 
Page 17 
SECTION IV TRANSITIONAL AND FINAL PROVISIONS 
Article 21 Penalties 
The Administrative Enforcement Law of April 27, 1953 
(Bundesgesetzblatt I, p. 157), shall apply to the enforcement 
of administrative acts issued in pursuance of this Law, 
provided that the penalty may not exceed 10,000 German marks. 
Article 22 (Repealed) 
(Repealed by the Law·of March 2, 1974.) 
Article 23 Existing Collecting Societies 
(1) Collecting societies already existing at the time this Law 
enters into force may pursue their activities to their existing 
extent for up to one year after the entry into force of this 
Law without the authorization required by this Law (Article 1). 
(2) The supervisory authority may, on request, exempt such 
collecting society during a period of up to one year after the 
entry into force of this Law from individual obligations 
incumbent on it under this Law. 
(3) The supervisory authority may, on request, appropriately 
extend the periods mentioned in paragraphs (1) and' (2) once or 
several times in favor of a collecting society, but not beyond 
December 31, 1969. 
Articles 24-26 Amending and Repealing Provisions IP/NIlIDEU/e/2 
Page 18 
Article 25a Pending Actions 
Articles 14 to 16 shall not be applied to actions already 
pending before the Arbitration Board on entry into force of 
this Law; Articles 14 and 15 of the Law on the Administration 
of Copyright and Neighboring Rights in its version of September 
9, 1965 (Bundesgesetzblatt I, p. 1294), shall apply to such 
actions. 
(Added by the Law of June 24, 1985.) 
Article 27 Application in Land Berlin (irrelevant) 
This Law shall also ~pply in the Land Berlin in accordance with 
Article 13(1) of the Third Transitional Law of January 4, 1952 
(Bundesgesetzblatt 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 28 Entry Into Force 
(1) Article 14(7) shall enter into force on the day following 
the promulgation of this Law. 
(2) All other provisions of this Law shall enter into force on 
January 1, 1966. 