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

Transitional provisions occasioned by implementation of Directive 2001/29/EC

(1) Section 95d (1) applies to all works and other protected subject matter put into circulation for the first time as from 1 December 2003.

(2) The provision in this Act on the term of protection for producers of audio recordings in the version applicable as from 13 September 2003 also applies to related rights the protection of which has not yet expired on 22 December 2002.

(3) If, under subsection (2), the protection of an audio medium is revived, the producer of the audio recording is entitled to the revived rights.

(4) If, before 13 September 2003, a right of use in an audio recording still protected under this Act had been granted or transferred to another, then, in cases of doubt, the grant or transfer, in the event of an extension of the term of protection provided under section 85 (3), also applies to this period. In the case referred to in sentence 1, equitable remuneration is to be paid.

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