(1) The right to retransmit a transmitted work in the context of a simultaneous, unaltered and unabridged retransmission of a programme (retransmission) may be asserted only by a collecting society. This does not apply to
1. rights in a work which is transmitted exclusively via the internet,
2. rights asserted by a broadcasting organisation in relation to its own programmes.
(1a) In the case of retransmission via an internet access service, subsection (1) only applies if the operator of the retransmission service exclusively provides authorised users access to the programme in a secure environment.
(1b) ʻInternet access serviceʼ within the meaning of subsection (1a) means a service pursuant to Article 2 (2) no. 2 of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union (OJ L 310, 26.11.2015, p. 1), as last amended by Directive (EU) 2018/1972 (OJ L 321, 17.12.2018, p. 36; L 334, 27.12.2019, p. 164).
(2) Where the author has granted the right of retransmission to a broadcasting organisation or to the producer of an audio recording or film, the retransmission service is, nevertheless, required to pay the author equitable remuneration for such retransmission. The claim for remuneration may not be waived. It may be assigned in advance only to a collecting society and may be asserted only by a collecting society. This provision does not conflict with the collective agreements, works agreements and joint remuneration agreement of broadcasting organisations insofar as the author is thereby granted equitable remuneration for each retransmission.