(1) Where a rightholder applies the technical measures in accordance with this Act, that rightholder is obliged to provide to the beneficiaries of the provisions below, if they have legal access to the work or the protected subject matter concerned, the means of benefiting from these provisions to the necessary extent:
1. section 44 (Text and data mining),
1a. section 45 (Administration of justice and public security),
2. section 45a (Persons with disabilities),
3. section 45b (Persons with visual impairment or reading disability),
4. section 45c (Authorised entities; remuneration; authorisation to issue statutory instruments),
5. section 47 (School broadcasts),
6. section 53 (Reproduction for private and other personal uses)
a) subsection (1) insofar as copies on paper or a similar medium which have been affected by the use of any kind of photographic technique or by some other process having similar effects are concerned,
b) (repealed)
c) subsection (2) sentence 1 no. 2 read in conjunction with sentence 2 no. 1,
d) subsection (2) sentence 1 nos. 3 and 4, in each case read in conjunction with sentence 2 no. 1,
7. section 55 (Reproduction by broadcasting organisations),
8. section 60a (Teaching in educational establishments),
9. section 60b (Media collections for teaching),
10. section 60c (Scientific research),
11. section 60d (Text and data mining for scientific research purposes),
12. section 60e (Libraries)
a) subsection (1),
b) subsection (2),
c) subsection (3),
d) subsection (5),
13. section 60f (Archives, museums and educational establishments).
Agreements which rule out the obligations under sentence 1 are invalid.
(2) Any person who violates the principle provided for under subsection (1) may be pursued by the beneficiary of one of the provisions referred to for this to provide the means required to bring about the respective entitlement. If the means offered is in accordance with an agreement between associations of the rightholders and the beneficiaries of the restriction provision, it is presumed that the means is sufficient.
(3) Where works and other protected subject matter are made available to the public by virtue of section 19a on the basis of a contractual agreement, subsections (1) and (2) only apply to lawfully permitted uses pursuant to the following provisions:
1. section 44 (Text and data mining),
2. section 45b (Persons with visual impairment or reading disability),
3. section 45c (Authorised entities; remuneration; authorisation to issue statutory instruments),
4. section 60a (Teaching in educational establishments), insofar as digital uses under the responsibility of an educational establishment are permitted on its premises or at another location or in a secure electronic environment,
5. section 60d (Text and data mining for scientific research purposes), insofar as research organisations and cultural heritage institutions are permitted to make reproductions,
6. section 60e (Libraries), insofar as reproductions are permitted for the purpose of preservation,
7. section 60f (Archives, museums and educational establishments), insofar as reproductions are permitted for the purpose of preservation.
(4) Technical measures applied to meet the obligations under subsection (1), including measures applied to implement voluntary agreements, enjoy the legal protection under section 95a.