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Part 1 · Copyright  ›  Division 5 · Dealings in rights in copyright › Section 34

Transfer of rights of use

(1) A right of use may only be transferred with the author’s consent. The author may not refuse consent contrary to the principles of good faith.

(2) Where the transfer of the right of use in respect of a collection (section 4) includes the transfer of the rights of use of the individual works in the collection, the consent of the author of the collection suffices.

(3) A right of use may be transferred without the author’s consent if the transfer is made in the context of the sale of the whole of an enterprise or the sale of parts of an enterprise. The author may revoke the right of use if exercise of the right of use by the transferee may not be reasonably demanded of the author. Sentence 2 also applies if the shareholder relations in respect of the enterprise of the holder of the right of use substantially change.

(4) The transferee is jointly and severally liable together with the author for the discharge of the transferor’s obligations under the agreement if the author has not expressly consented to the transfer of the right of use in the individual case.

(5) The author may not waive the right of revocation and the transferee’s liability in advance. In all other cases, the holder of the right of use and the author may agree on different terms.

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