(1) Where the author has granted an exclusive right of use against payment of flat-rate remuneration, the author is nevertheless entitled to exploit the work in another manner after the expiry of 10 years. The first owner’s right of use continues as a non-exclusive right of use for the remainder of the period for which it was granted. The period referred to in sentence 1 begins to run upon the granting of the right of use or, if the work is delivered at a later stage, upon delivery. Section 38 (4) sentence 2 applies accordingly.
(2) The contracting parties may extend the exclusivity of the right to cover the entire duration for which the right of use was granted at the earliest five years after the point in time referred to in subsection (1) sentence 3.
(3) In derogation from subsection (1), the author may, when concluding the contract, grant an exclusive right of use without any limitation of time if
1. the author makes only a secondary contribution to a work, product or service; 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,
2. the work is a work of architecture or the draft of such a work,
3. the work is, with the author’s consent, intended for use in a trade mark or other distinctive sign, in a design or Community design or
4. the work is not intended for publication.
(4) Derogation from subsections (1) to (3) to the detriment of the author is possible only by an agreement which is based on a joint remuneration agreement (section 36) or collective agreement.