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Part 1 · Copyright  ›  Division 6 · Limitations on copyright through uses permitted by law › Section 45c

Authorised entities; remuneration; authorisation to issue statutory instruments

(1) Authorised entities may reproduce published literary works which are available in text or audio format as well as graphic recordings of musical works in order that they may be converted into an accessible format for the exclusive use of persons with a visual impairment or reading disability. Section 45b (1) sentence 2 and 3 applies accordingly.

(2) Authorised entities may lend out and disseminate copies produced in accordance with subsection (1) to persons with a visual impairment or reading disability or to other authorised entities and may use them to make the works available to the public or for other communication to the public.

(3) ‘Authorised entity’ means any establishment providing education or accessible reading or information access on a non-profit basis to people with a visual impairment or reading disability.

(4) Authors are entitled to payment of equitable remuneration for uses in accordance with subsections (1) and (2). Claims may only be asserted by a collecting society.

(5) The Federal Ministry of Justice and Consumer Protection is authorised to regulate the following by statutory instrument not requiring the approval of the Bundesrat concerning authorised entities:

1.  their duties in relation to uses pursuant to subsections (1) and (2),

2.  their duty to notify the German Patent and Trade Mark Office of their status as an authorised entity,

3.  oversight by the German Patent and Trade Mark Office concerning compliance with the duties under no. 1, with the proviso under section 85 (1) and (3) and section 89 of the Collecting Societies Act (Verwertungsgesellschaftengesetz).

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