(1) Where, between 1 January 1966 and 1 January 2008, the author has granted to another all essential rights of use, exclusively as well as without limitation of place and time, the rights of use which were not known at the time the contract was concluded are deemed also to have been granted to the other person, insofar as the author does not indicate to the other person that he or she objects to such use. In respect of types of use which were already known on 1 January 2008, the objection may be made only within one year. In all other cases, the right of objection expires after three months have elapsed since the other person sent the author, at the address last known to the sender, notification concerning the intended commencement of the new type of use of the author’s work. Sentences 1 to 3 do not apply to rights of use which have become known in the meantime and which the author has already granted to a third person.
(2) Where the other person has granted a third person all the rights of use which they themselves were originally granted, subsection (1) applies accordingly to such third person. Where the author objects vis-à-vis the contracting party with whom he or she originally contracted a contract, such contracting party is to give the author, without delay, all the information required about the third person.
(3) The right of objection under subsections (1) and (2) does not apply where the parties have reached an express agreement regarding a type of use which has become known in the meantime.
(4) If there is consolidation of more than one work, or more than one contribution to a work, into one entity which can, in the new type of use, be used appropriately only in circumstances where there is exploitation of all the works or contributions to a work, then the author may not exercise his or her right of objection contrary to good faith.
(5) The author is entitled to separate equitable remuneration where the other person commences a new type of use pursuant to subsection (1) which was still unknown at the time the contract was concluded. Section 32 (2) and (4) applies accordingly. Claims may be asserted only through a collecting society. Where the other contracting party has transferred the right of use to a third person, the third person is liable for remuneration upon commencement of the new type of use of the author’s work. The liability of the other person does not apply.