IFFRRO News Vol. 10 No. 4 September 2007
Germany – New Copyright Act
The new Act, including the “Second Basket” amendments, was approved on 21 September and will probably come in to force in 2008. The main changes are to the levy system:
The equipment levy applies to all devices which can be used to copy, whether alone or in conjunction with other devices. The levy will also apply to all mediums which can be used to copy on the same basis. All tariffs will in future have to be negotiated, and will no longer be set by law. Negotiated tariffs must not unreasonably harm the manufacturers or importers and must be in a reasonable relation to the sales price of the device or medium concerned. Other changes include:
· Document delivery: the new law confirms that public libraries may supply copies to beneficiaries of the private and personal use exceptions by post or fax, but electronic delivery is restricted. Equitable remuneration is payable for document supply under the legal licence.
· A new exception permits library users to access documents via dedicated terminals on library premises subject to the payment of equitable remuneration.
It will now be possible for authors to transfer the right of currently unknown forms of exploitation, subject to a right of revocation and the payment of equitable remuneration.
Zohar Efroni: German Copyright Law Amended
News: German parliament passes new Copyright Act