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(2) ʻRight of performanceʼ means the right to give a public recital of a musical work by means of personal performance or to give a public theatrical performance of a work. (1) ʻRight of recitationʼ means the right to give a public recital of a literary work by means of personal performance. ʻRight of exhibitionʼ means the right to display in public the original or the copies of an unpublished artistic work or an unpublished photographic work. (1) ʻRight of distributionʼ means the right to offer the original or copies of the work to the public or to put them into circulation. (1) ʻRight of reproductionʼ means the right to produce copies of the work, whether on a temporary or on a permanent basis and regardless of by which means of procedure or in which quantity they are made. Anyone who is not connected by a personal relationship with the person exploiting the work or with the other persons to whom the work is made perceivable or made available in non-material form is deemed to be a member of the public.

(3) In the case of the holdings referred to in section 61 (4), a diligent search is to be carried out in the Member State of the European Union in which the institution which made the item of the holdings available to the public with the rightholder’s permission has its principal place of business. The institution using the sources may also commission a third party with carrying out the diligent search. (1) A diligent search for the rightholder pursuant to section 61 (2) must be carried out for each item in the holdings and for other protected subject matter they contain; at the very least the sources set out in the Annex must be consulted. The institutions may charge a fee for providing access to the orphan works which covers the costs of the digitisation and making available to the public. (3) Where an item in the holdings has several rightholders, its content may also be reproduced and made available to the public if, despite a diligent search, it was not possible to establish or trace all the rightholders but permission to use the item in the holdings has been obtained from one of the known rightholders.

• Articles which are the object of a criminal offence pursuant to sections 106, 107 (1) no. 2 and sections 108 to 108b may be confiscated.
• (1) German nationals or enterprises whose principal place of business is located within the territory to which this Act applies enjoy the protection granted under sections 85 and 86 for all their audio recordings, regardless of whether and where they were released.
• Cinematographic works, as well as video mediums and video and audio mediums on which cinematographic works have been recorded and
• Section 87dDuration of rights

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(2) Where the original or copies of the work have been put into circulation by sale with the consent of the person entitled to distribute them within the territory of the European Union or another Contracting Party of the Agreement on the European Economic Area, their dissemination is permitted, except by means of rental. The right of communication by video or audio recordings (section 21), (3) The presumption in subsection (1) applies accordingly to the holder of exclusive rights of use in the event of proceedings for temporary relief or injunctive relief. (1) The person designated as the author in the usual manner on the copies of a released work or on the original of an artistic work is regarded as the author of the work in the absence of proof to the contrary; the same applies to any designation which is known to be a pseudonym or stage name of the author. (2) The right of publication and of exploitation of the work accrues jointly to the joint authors; alterations to the work are permitted only with the joint authors’ consent.

The making available to the public may only commence if the rightholder has 1xbet ios app not objected to the use within six months after the information referred to in sentence 1 is first published. The making available to the public is only permitted on non-commercial websites. This only applies in cases where there is no collecting society which is exercising these rights for the relevant types of works and which is thus representative (section 51b of the Collecting Societies Act).

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Issue provisions concerning the form of the application and the maintenance of the register, The applicant is required to pay the costs of the publication in advance. (2) If the entry is refused, the applicant may apply for a court decision.

(1) Schools and teacher training and further training institutions may make individual copies of works to be used as part of a school broadcast by transferring the works to video or audio recording mediums. The rightholder may not invoke agreements which restrict or prohibit uses permitted in accordance with sections 45b and 45c and such restriction or prohibition is to the detriment of the persons entitled to such use. (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) Subsections (1) and (2) do not apply, only sections 45b and 45c, to the use of literary works and graphic recordings of musical works for the benefit of persons with a visual impairment or reading disability. (1) It is permitted to reproduce a work for non-commercial purposes for and to distribute it exclusively to persons whose access to the work is, owing to a disability, not possible or is made considerably more difficult by the already available means of sensual perception, if such reproduction is necessary to facilitate access. (3) The distribution, exhibition in public and communication to the public of the works is permitted under the same conditions as apply to reproduction.

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(7) The seizure and the confiscation may be contested by means of the legal remedies permitted against seizure and confiscation in regulatory fine proceedings under the Act on Regulatory Offences. (6) The application referred to in subsection (1) is to be made to the Central Customs Authority and is effective for one year, unless a shorter period is applied for; a renewed application is possible. If the applicant upholds the application and submits an executable court decision ordering the storage of the seized copies or a limitation on the right of disposal, the customs authority takes the necessary measures. (4) If the person authorised to dispose of the articles objects to the seizure, the customs authority informs the applicant thereof without delay. The applicant is given the opportunity to inspect the copies insofar as this does not interfere with business or trade secrets. (2) If the customs authority orders the confiscation, it informs the person authorised to dispose of the articles and the applicant thereof without delay.