(1) If a producer of audio recordings has been granted a right of use in a musical work entitling him or her to transfer the work onto audio recording mediums and to reproduce and distribute these for commercial purposes, the author is required, upon release of the work, to also grant a right of use with the same content on reasonable conditions to any other producer of audio recordings whose main establishment or domicile is located within the territory to which this Act applies; this provision does not apply if the right of use referred to is lawfully administered by a collecting society or if the work no longer reflects the author’s conviction and the author can therefore no longer reasonably be expected to agree to the exploitation of the work and he or she has for that reason revoked any existing right of use. Section 63 applies accordingly. The author is not required to authorise the use of the work in the production of a cinematographic work.
(2) The obligation under subsection (1) is applicable with respect to a producer of audio recordings who has neither his or her main establishment nor domicile within the territory to which this Act applies only if, as evidenced by a notification by the Federal Ministry of Justice and Consumer Protection in the Federal Law Gazette, a corresponding right is granted by the state in which his or her main establishment or domicile is located to producers of audio recordings whose main establishments or domiciles are within the territory to which this Act applies.
(3) A right of use granted under the foregoing provisions has effect only within the territory to which this Act applies and for export to states in which the work does not enjoy protection against transferral to audio mediums.
(4) If the author has granted to another the exclusive right of use entitling that person to transfer, for commercial purposes, the work onto audio recording mediums and to reproduce and distribute those recordings, the foregoing provisions are applicable, except that the holder of the exclusive right of use is required to grant the right of use referred to in subsection (1).
(5) The foregoing provisions apply accordingly to a literary work employed as the text of a musical work if the author of the literary work has granted to a producer of audio recordings a right to record the literary work in conjunction with the musical work on audio recording mediums and to reproduce and distribute such recordings.
(6) In those cases where neither the author nor, in the case referred to in subsection (4), the holder of the exclusive right of use has a legal domicile within the territory to which this Act applies, actions claiming the grant of rights of use are to be heard by the courts located in the district in which the Patent Office has its principal place of business. Temporary injunctions may be issued even if the conditions of sections 935 and 940 of the Code of Civil Procedure are not fulfilled.
(7) The foregoing provisions do not apply if the right of use referred to in subsection (1) has been granted solely for the purpose of producing a film.