(1) Any person who infringes copyright or another right protected under this Act may be required by the injured party to destroy the unlawfully produced or distributed copies or copies which are intended for illegal distribution which are in the injuring party’s possession or are their property. Sentence 1 applies accordingly to devices which are the property of the injuring party which have predominantly served the production of these copies.
(2) Any person who infringes copyright or another right protected under this Act may be required by the injured party to recall unlawfully produced or distributed copies or copies intended for unlawful distribution or to definitively remove them from the channels of commerce.
(3) As an alternative to the measures provided for in subsection (1), the injured party may require that the copies which are the injuring party’s property be released against payment of equitable remuneration, which may not exceed the production costs.
(4) The claims under subsections (1) to (3) are precluded if the measure is disproportionate in the individual case. Account is also to be taken of the legitimate interests of third parties when examining the aspect of proportionality.
(5) Buildings as well as removable parts of copies and devices whose production and distribution is not unlawful are not subject to the measures provided for in subsections (1) to (3).