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Part 5 · Scope of application, transitional and final provisions  ›  Division 1 · Scope of Act › Section 121

Foreign nationals

(1) Foreign nationals enjoy copyright protection for their works released within the territory to which this Act applies, unless the work or a translation of the work was released outside the territory to which this Act applies more than 30 days prior to release within that territorial scope. Foreign nationals also enjoy protection with the same limitations for such works as were released only in translation within the territory to which this Act applies.

(2) Artistic works which are a permanent fixture on real property located within the territory to which this Act applies are deemed equal to works within the meaning of subsection (1) released within the territory to which this Act applies.

(3) The protection granted under subsection (1) may be limited by way of a statutory instrument issued by the Federal Minister of Justice and Consumer Protection in respect of foreign nationals who are not nationals of any Member State of the Berne Convention for the Protection of Literary and Artistic Works and at the time of the release of the work have their domicile neither within the territory to which this Act applies nor in another Member State if the state of which they are a national does not grant German nationals sufficient protection for their works.

(4) In all other cases, foreign nationals enjoy copyright protection under international treaties. Where no international treaties exist, copyright protection exists for such works insofar as, in accordance with notification published by the Federal Minister of Justice and Consumer Protection in the Federal Law Gazette, German nationals enjoy corresponding protection of their works in the state of which the author is a national.

(5) Foreign nationals are entitled to resale rights (section 26) only if, in accordance with notification published by the Federal Minister of Justice and Consumer Protection in the Federal Law Gazette, the state of which they are a national grants German nationals a corresponding right.

(6) Foreign nationals enjoy the protection granted under sections 12 to 14 for all their works even if the conditions of subsections (1) to (5) are not met.

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