(1) The provisions of this Act which entered into force on 30 June 1995 also apply to works, performances, audio recordings, broadcasts and films created before that date, unless they were no longer protected on that date.
(2) Where an original or a copy of a work or of a video or audio recording was acquired before 30 June 1995 or a third person was given permission to use it for rental purposes, the consent of the holder of the rental right (sections 17, 77 (2) sentence 1 and sections 85 and 94) required for rental after this date is deemed to have been given. The lessor must pay each of these rightholders equitable remuneration; section 27 (1) sentence 2 and 3 in respect of the claims of authors and performers and section 27 (3) applies accordingly. Section 137d remains unaffected.
(3) Where a video or audio recording which was acquired or entrusted to a third person for rental purposes before 30 June 1995 was rented out between 1 July 1994 and 30 June 1995, then, applying subsection (2) sentence 2 accordingly, a right to remuneration exists to this rental.
(4) Where an author granted an exclusive right of distribution before 30 June 1995, the grant also applies to the rental right. Where a performer participated in the production of a cinematographic work prior to this date or consented to the use of a performance in the production of a cinematographic work, his or her exclusive rights are deemed to have been transferred to the producer of the film. If the performer consented to the fixing of his or her performance on audio recording mediums or to the reproduction prior to this date, the grant is also considered as constituting a transferral of the right of distribution, including rental.