(1) If the holder of an exclusive right of use does not exercise this right or only does so insufficiently, the author may revoke either the exclusiveness of the right of use alone or the right of use as a whole. This does not apply if the non-exercise or the insufficient exercise of the right of use is predominantly due to circumstances which the author can be reasonably expected to remedy.
(2) The right of revocation may not be exercised before the expiry of two years following the grant or transfer of the right of use or, if the work is delivered at a later date, since its delivery. In the case of a contribution to a newspaper the period is three months, in the case of a contribution to a periodical published monthly or at shorter intervals six months, and in the case of a contribution to other periodicals one year.
(3) The revocation may not be declared until after the author has, upon notification of the revocation, granted the holder of the right of use an appropriate extension to sufficiently exploit the right of use. It is not necessary to determine an extension if it is impossible for the rightholder to exercise the right of use or the rightholder refuses to do so or if granting an extension would prejudice the author’s overriding interests.
(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.
(5) Upon the revocation as per subsection (1) becoming effective, the exclusive right of use becomes a non-exclusive right of use or expires as a whole.
(6) The author is required to compensate the person affected if and insofar as this is fair and equitable.
(7) The rights and claims of the persons involved in accordance with other statutory provisions remain unaffected.