[eu]cite

Home› Intellectual Property› UrhG (EN)

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

Transitional provision occasioned by implementation of Directive 2011/77/EU

(1) The provisions concerning the term of protection under sections 82 and 85 (3) and concerning the rights and claims of the performer under section 79 (3) and section 79a apply to recordings of performances and audio mediums whose term of protection for the performer and producer of the audio medium had not yet expired on 1 November 2013 in accordance with the provisions of this Act in the version applicable up until 6 July 2013 and to recordings of performances and audio mediums created after 1 November 2013.

(2) Section 65 (3) applies to musical compositions with text whose musical composition or text was protected in at least one Member State of the European Union on 1 November 2013 and for musical compositions with text created after that date. Where the protection of the musical composition or of the text is revived in accordance with sentence 1, the revived rights are accorded the author. However, any act of use commencing before 1 November 2013 may be continued in the context provided for. Equitable remuneration is to be paid for any use after 1 November 2013.

(3) Where a transfer agreement was concluded between a performer and a producer of an audio medium before 1 November 2013, then in the case of the extension of the term of protection the transfer extends to this period, unless there are clear, contractual indications to the contrary.

←→ also move between sections