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Part 1 · Copyright  ›  Division 6 · Limitations on copyright through uses permitted by law › Section 60h

Equitable remuneration for uses permitted by law

(1) Authors are entitled to equitable remuneration for uses in accordance with this Subdivision. Reproductions are to be remunerated in accordance with sections 54 to 54c.

(2) In derogation from subsection (1), the following uses are not subject to remuneration:

1.  communication to the public for the benefit of members of educational establishments and their families in accordance with section 60a (1) nos. 1 and 3 and section 60a (2), with the exception of making the content available to the public,

2.  reproductions for the purpose of preservation in accordance with section 60e (1) and (6) and section 60f (1) and (3), and for the purpose of indexing, cataloguing and restoration in accordance with section 60e (1) and section 60f (1).

3.  reproductions made in the context of text and data mining for the purposes of scientific research in accordance with section 60d (1).

(3) Payment of flat-rate remuneration is sufficient, as is the usage-related calculation of the equitable remuneration based on a representative sample of usage. This does not apply to uses pursuant to sections 60b and 60e (5).

(4) Claims to equitable remuneration may only be asserted through a collecting society.

(5) If the user is acting on behalf of an institution, only the latter is subject to pay remuneration. As regards reproductions which, pursuant to subsection (1) sentence 2, are remunerated in accordance with sections 54 to 54c, only these provisions apply.

Subdivision 5
Special uses of orphan works permitted by law

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