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Part 5 · Scope of application, transitional and final provisions  ›  Division 2 · Transitional provisions › Section 137f

Transitional provisions in implementation of Council Directive 93/98/EEC

(1) If, by application of this Act in the version applicable as from 1 July 1995, the term of protection of a previously accruing right is curtailed, the protection expires upon the expiry of the term of protection in accordance with the provisions applicable up until 30 June 1995. In all other cases, the provisions of this Act concerning the term of protection in the version applicable as from 1 July 1995 also apply to works and related rights whose protection had not yet expired on 1 July 1995.

(2) The provisions of this Act in the version applicable as from 1 July 1995 also apply to works whose protection under this Act expired before 1 July 1995 but which continues to exist under the law of another Member State of the European Union or of a Contracting Party of the Agreement on the European Economic Area at that point in time. Sentence 1 applies accordingly to the related rights of the editor of posthumous works (section 71), the performer (section 73), the producers of audio recordings (section 85), of broadcasting organisations (section 87) and producers of films (sections 94 and 95).

(3) Where, under subsection (2), the protection of a work is revived within the territory to which this Act applies, the author is entitled to the revived rights. An act of use begun before 1 July 1995 may, however, be continued to the extent provided for. Equitable remuneration is to be paid for the use from 1 July 1995 onwards. Sentences 1 to 3 apply accordingly to related rights.

(4) Where a right of use in a performance which is still protected under this Act is granted or transferred to another before 1 July 1995, then, in cases of doubt, the grant or transfer also extends to the period by which the term of protection was extended. In the case referred to in sentence 1, equitable remuneration is to be paid.

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