(1) Where the author has granted to another a right of use on conditions which, taking into account the author’s entire relationship with the other party, result in the agreed remuneration proving to be disproportionately low in comparison to the proceeds and benefits derived from the use of the work, the other party is obliged, at the author’s request, to consent to a modification of the agreement which grants the author further equitable participation appropriate to the circumstances. It is irrelevant whether the parties to the agreement had foreseen or could have foreseen the amount of the proceeds or benefits obtained.
(2) If the other party has transferred the right of use or granted further rights of use and if the author’s disproportionately low remuneration results from proceeds or benefits enjoyed by a third party, the latter is directly liable to the author in accordance with subsection (1), taking into account the contractual relationships within the licence chain. The other party is then not liable.
(3) There can be no advance waiver of the rights under subsections (1) and (2). An expected benefit is not subject to compulsory execution; any disposition regarding the expected benefit is ineffective. The author may, however, grant to all an unremunerated non-exclusive right of use.
(4) The author does not have a right under subsection (1) if the remuneration has been determined in accordance with a joint remuneration agreement (section 36) or in a collective agreement and explicitly provides for further equitable participation in cases under subsection (1). Section 32 (2a) applies accordingly.