(1) In order to determine whether remuneration is equitable pursuant to section 32, 32a and 32c, to regulate the provision of information as required by sections 32d and 32e, and to determine whether the participation is appropriate pursuant to section 87k (1), authors’ associations together with associations of users of works or individual users of works are to establish joint remuneration agreements. Joint remuneration agreements are, as a rule, to take account of the circumstances of the respective area of regulation, especially the users’ structure and size. Regulations contained in collective agreements take precedence over joint remuneration agreements.
(2) Associations as referred to in subsection (1) must be representative, independent and empowered to establish joint remuneration agreements. An association which represents a significant proportion of the respective authors or users of a work is deemed to be empowered within the meaning of sentence 1, unless the members of the association reach a decision to the contrary.
(3) If the parties have so agreed, proceedings for the establishment of joint remuneration agreements are conducted before an arbitration board (section 36a). Proceedings are conducted upon the written request of one of the parties if
1. the other party does not commence negotiations on joint remuneration agreements within three months after the written request of one of the parties to initiate such negotiations,
2. negotiations on joint remuneration agreements do result in an outcome within one year after the written request to initiate such negotiations or
3. one of the parties declares that the negotiations have irretrievably failed.
(4) The arbitration board is to submit to all those parties which participated in this procedure or were called to participate pursuant to section 36a (4a) a settlement proposal, giving reasons, which contains the contents of the joint remuneration agreement. The proposal is deemed to have been accepted if none of the parties referred to in sentence 1 objects within six weeks after receiving the proposal.