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Part 1 · Copyright  ›  Division 5 · Dealings in rights in copyright › Section 31

Grant of rights of use

(1) The author may grant to another the right to use the work in a particular manner or in any manner (right of use). A right of use may be granted as a non-exclusive right or as an exclusive right, and may be limited in respect of place, time or content.

(2) A non-exclusive right of use entitles the rightholder to use the work in the manner permitted without it ruling out use by other persons.

(3) An exclusive right of use entitles the rightholder to use the work in the manner permitted, to the exclusion of all other persons, and to grant rights of use. It may be agreed that utilisation by the author is reserved. Section 35 remains unaffected.

(4) (repealed)

(5) If the types of use were not specifically designated when a right of use was granted, the types of use to which the right extends is determined in accordance with the purpose envisaged by both parties to the contract. A corresponding rule applies to the questions of whether a right of use has in fact been granted, whether it is a non-exclusive or an exclusive right of use, how far the right of use and the right to forbid extend, and to what limitations the right of use is subject.

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