(1) The author is entitled to the contractually agreed remuneration for the granting of rights of use and permission to use the work. If the amount of the remuneration has not been determined, equitable remuneration is deemed to have been agreed. If the agreed remuneration is not equitable, the author may require the other party to consent to a modification of the agreement so that the author is granted equitable remuneration.
(2) Remuneration is deemed to be equitable if it is determined in accordance with a joint remuneration agreement (section 36). Any other remuneration is deemed to be equitable if at the time the agreement is concluded it corresponds to what is customary and fair in business relations, given the nature and extent of the possibility of use granted, in particular the duration, frequency, extent and time of use, and considering all circumstances. Flat-rate remuneration must guarantee the author’s equitable participation in the expected total proceeds from such use and must be justified in the light of sector-related specificities.
(2a) A joint remuneration agreement may also be used as the basis to determine equitable remuneration in the case of contracts concluded prior to their temporal scope of application.
(3) An agreement which deviates from subsections (1) to (2a) to the detriment of the author may not be invoked by the other party to the agreement. The provisions stipulated in sentence 1 apply even if they are circumvented by other arrangements. The author may, however, grant to all a non-exclusive right of use free of charge.
(4) The author has no right under subsection (1) sentence 3 to the extent that the remuneration for the use of his or her works has been determined in a collective agreement.