(1) The author is entitled to separate equitable remuneration where the other contracting party commences a new type of use of the author’s work pursuant to section 31a which was agreed upon, but still unknown, at the time the contract was concluded. Section 32 (2) and (4) applies accordingly. The other contracting party is, without delay, to inform the author about the commencement of the new type of use of his or her work.
(2) Where the other contracting party has transferred the right of use to a third party, the third party is liable to provide the remuneration pursuant to subsection (1) upon commencement of the new type of use of the author’s work. There is no liability on the part of the contracting party.
(3) There can be no advance waiver of the rights under subsections (1) and (2). The author may, however, grant to all an unremunerated non-exclusive right of use.