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Part 6 · Final provisions › Section 18

Measures against abuse

(1) If an alleged rightholder repeatedly requests that the service provider block a work belonging to a third party as the rightholder’s own work or a work in the public domain, the service provider must exclude the alleged rightholder from the procedures under sections 7 and 8 for an appropriate period of time.

(2) If an alleged rightholder intentionally or negligently requests that the service provider block either a work belonging to a third party or a work in the public domain as the rightholder’s own work, then said rightholder is obliged to compensate the service provider and the user concerned for the resulting damage.

(3) If a rightholder repeatedly and wrongly demands

1.  the immediate blocking of uses presumably authorised by law during the complaints procedure referred to in section 14 (4), or

2.  simple blocking in accordance with section 8 on account of a distortion of his or her work (section 14 of the Copyright Act),

then the rightholder must be excluded from the relevant procedure for an appropriate period of time.

(4) After an abusive blocking request in respect of works in the public domain or works whose use is authorised by anyone free of charge, service providers must ensure, to the best of their ability and in accordance with section 1 (2), that these works are not blocked again.

(5) If a user repeatedly and wrongly flags a use as authorised by law, service providers must exclude the user, for an appropriate period of time, from the possibility of flagging authorised uses.

(6) If a service provider repeatedly and wrongly blocks authorised uses, a registered association whose purpose is to promote the interests of users on a non-commercial and not merely temporary basis may claim injunctive relief against the service provider.

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