(1) Where a right of use has been granted in return for payment, then at least once a year the contracting party provides the author with information about the extent of the use of the work and the proceeds and benefits derived therefrom. The information is provided on the basis of that information which is generally available in the ordinary course of business activities. Such information is to be provided for the first time one year after the use of the work commences and only for the duration of its use.
(1a) The contracting party only needs to provide the names and addresses of its sub-licensees and to render accountability in relation to the information referred to in subsection (1) at the author’s request.
(2) Subsections (1) and (1a) do not apply insofar as
1. the author has made only a secondary contribution to a work, product or service, unless the author provides clear indications based on verifiable facts that the information is needed in relation to the amendment of a contract (section 32a (1) and (2)); a contribution is, in particular, secondary where it has little influence on the overall impression created by a work or the nature of a product or service, for example because it does not belong to the typical content of a work, product or service, or
2. the claim on the contracting party is disproportionate for other reasons, in particular if the effort involved in providing the information would be disproportionate to the income generated from the use of the work.
(3) Derogation from subsections (1) to (2) is possible only by an agreement which is based on a joint remuneration agreement (section 36) or collective agreement. In the case referred to in sentence 1, it is presumed that the collective agreements at least guarantee the author a degree of transparency comparable to that guaranteed under statutory provisions.