WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lIDEU/C/1/Add.3 
IP/N/lIDEU/C/2/ Add.l 
6 February 2004 
(04-0443) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
GERMANY 
Addendum 
The present document reproduces the text' of the Fourth Law to Amend the Copyright Law, 
as notified by Germany under Article 63.2 of the Agreement (see document 
IP/N/l/DEU/lIRev.lI Add.l). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETlt INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
ALLEMAGNE 
Addendum 
Le present document contient Ie texte' de la Quatrieme loi portant modification de la Loi 
relative au droit d'auteur, notifiee par l'Allemagne au titre de l'article 63:2 de l'Accord (voir Ie 
document IP/N/lIDEU/l/Rev.lI Add.l). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
ALEMANIA 
Addendum 
En el presente documento se reproduce el texto' de la cuarta Ley para modificar la Ley de 
Derecho de Autor, que Alemania ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo 
(vease el documento IP/N/lIDEU/lIRev.lI Add. 1 ). 
, In English only'/En anglais seulement.!En ingles solamente. IP/N/1/DEU/C/1/ Add.3 
IP/N/l/DEU/C/2/ Add. 1 
Page 2 
Fourth Law 
to Amend the Copyright Law 
of 8 May 1998 
The Federal Parliament has passed the following Law: 
Article 1 
Amendment of the Copyright Law 
The Copyright Law of 9 September 1965 (Federal Law Gazette I page 1273), last 
amended by Article 7 of the Law of 22 July 1997 (Federal Law Gazette I page 1870), 
shall be amended as foilows: 
1. Article 20 shall be worded as follows: 
"Article 20 
Right of Broadcasting 
The right of broadcasting is the right to make the work accessible to the public by 
broadcasting, such as radio and television transmission, satellite transmission, 
cable retransmission or by other similar technical devices." 
2. The following Articles 20a and 20b shall be inserted after Article 20: 
"Artide 20a 
European Broadcasts Transmitted by Satellite 
(1) If a satellite broadcast is transmitted in the territory of a Member State of the 
European Union or of a Contracting State of the Convention Concerning the 
European Economic Area, it shall be deemed to have been transmitted solely in that 
Member State or Contracting State. 
(2) If a satellite broadcast is transmitted in the territory of a state which is neither a 
Member State of the European Union nor a Contracting State of the Convention 
Concerning the European Economic Area and in which the level of protection IP INIlIDEU/C/1/ Add.3 
IPINIlIDEU/C/2/ Add. 1 
Page 3 
provided for under Chapter II of Council Directive 93/83/EEC of 27 September 1993 
on the coordination of certain rules concerning copyright and rights related to 
copyright applicable tosatellite broadcasting and cable retransmission (OJEC No. L 
248 page 15) is not guaranteed in the law on satellite broadcasting, it shall be 
deemed to have been transmitted in the Member State or Contracting State 
1. in which the uplink station is situated from which the program-carrying signals are 
transmitted to the satellite, or 
2. in which the broadcasting organization is established if the condition under item 1 
does not subsist. 
The right of broadcasting shall be exercisable in the case under item 1 against the 
operator of the uplink station, and in the case under item 2 against the broadcasting 
organization. 
(3) A satellite broadcast within the meaning of paragraph (1) and (2) means the 
introduction, under the control and responsibility of the broadcasting organization of 
program-carrying signals intended for reception by the public into an uninterrupted 
chain of communication leading to the satellite and down towards the earth. 
Article 20b 
Cable Retransmission 
(1) The right to retransmit a transmitted work in the framework of simultaneous, 
unaltered and unabridged retransmission of a programme by a cable or microwave 
system (cable retransmission) may be exercised by a collecting society only. This 
shall not apply to rights that a broadcasting organization exercises in respect of its 
transmissions. 
(2) If the author has granted the right of cable retransmission to a broadcasting 
organization or to the producer of an audio recording or a film, the broadcasting 
organization shall nevertheless pay reasonable remuneration for the cable 
retransmission. The claim to remuneration may not be waived. It may only be 
assigned in advance to a collecting society and shall only be exercisable by a IPlNllIDEU/C/ll Add.3 
IPINIlIDEU/C/21 Add.l 
Page 4 
coilecting society. This provision shall not run counter to collective agreements or 
works agreements of broadcasting organizations if the author is thereby granted 
reasonable remuneration for each cable retransmission." 
3. The following paragraph (3) shall be inserted in Article 76: 
"(3) Article 2Gb shall apply mutatis mutandis." 
4. The following paragraph (4) shall be inserted in Article 87: 
"(4) Broadcasting organizations and cable operators shatl be mutually required to 
conclude a contract on reasonable terms regarding cable retransmission within the 
meaning of the first sentence of Article 2Gb (1) unless there is an objective ground 
justifying refusal to conclude the agreement;· the requirement imposed on a 
broadcasting organization shall also apply to broadcasting rights granted or 
transferred to it in respect of its own transmission." 
5. Article 87c (1), first sentence, item 3 shall be worded as follows: 
"3. when used for illustration purposes in teaching provided such use does not 
serve commercial purposes." 
6. In Article 94 (4) the words "Article 27 (2) and (3)"shall be replaced by the words 
"Articles 2Gb, 27 (2) and (3)." 
7. The following provision shall be inserted before-Article 138: "Article 137h 
Transitional Provision in 
Implementation of Directive 93/83/EEC IP/N/l/DEU/C/1/ Add.3 
IP/N/l/DEU/CI21 Add. 1 
Page 5 
(1) The provision in Article 20a shall apply only from 1 January 2000 to 
agreements that were concluded before 1 June 1998 if they expire after the former 
date. 
(2) If a contract concerning co-production of a video or audio recording, concluded 
between two or more co-producers before 1 June 1998, of whom at least one isa 
national of a Member State of the European Union or of a Gontracting State of the 
Convention Concerning the European Economic Area, makes provision for division 
of the broadcasting right amongst producers by geographical areas,· without 
distinguishing according to broadcast by satellite or other kinos of broadcast, and if 
the broadcast by satellite of the co-production by one producer would prejudice 
exploitation of the exclusive rights of another producer in a given territory or 
, 
language, the broadcast by satellite shall be permissible only with the consent of the 
holder of these exclusive rights. 
(3) The provision in Article 20b (2) shall be applied only if the contract granting the 
right of cable retransmission was concluded after 1 June 1998." 
Article 2 
Amendment of the Copyright Administration Law 
The Copyright Administration Law of 9 September 1969 (Federal Law Gazette I 
page 1294), last amended by Article 2 of the Law of 23 June 1995 (Federal Law 
Gazette .1 page 842), shall be amended as follows: 
1. Article 13b shall be amended as follows: 
a) The heading shall be worded as follows: 
"Presumption of Entitlement; 
External Parties on Cable Retransmission IP/NI1 IDEU/CI 1/ Add.3 
IP/N/lIDEU/CI21 Add. 1 
Page 6 
b) The following paragraphs (3) and (4) shail be inserted: 
"(3) If the right holder has not transferred the administration of his right of cable 
retransmission within the meaning of the first sentence of Article 20b (1) of the 
Copyright Law to a collecting society, the collecting society which administers rights 
of the same category shall be deemed to be mandated to administer his rights. If 
more than one collecting society administers rights of that category, the collecting 
societies concerned shall be deemed to pe mandated jointly; if the right holder 
chooses one of them, only the collecting society chosen shall be deemed to be 
mandated. The first and second sentences shall not apply to rights held by the 
broadcasting organization whose broadcast is retransmitted. 
(4) Where the collecting society deemed to be mandated pursuant to 
paragraph (3) concludes an agreement on cable retransmission, the right holder 
shall have the same rights and duties in relation to such collecting society as he 
would have if he transferred his rights to be exercised by that collecting society. His 
claims shall be subject to a limitation period of three years from the date on which 
the collecting society is required to submit a statement of account regarding the 
cable retransmission in accordance with its articles of association; the collecting 
society shall not assert that the right holder is subject to a shorter period either by 
virtue of a notification period or for some similar reason." 
2. Article 14 shall be amended as.follows: 
a) Paragraph (1) shall be worded as follows: 
"(1) In disputes any party may apply to the Arbitration Board 
1. where a collecting society is a party to the dispute if it 
a) concerns the use of works or performances protected by the Copyright 
Law, or 
b) the conclusion or amendment of an inclusive contract. 
2. where a broadcasting organization and a cable operator are parties to the 
dispute if it concerns the duty to conclude a contract on cable 
retransmission. 
b) In paragraph (6) the words "paragraph (1), item 2" shall be replaced by the 
words "paragraph 1, item 1 b)". IPINIlIDEU/C/1/ Add.3 
IPINIlIDEU/C/2/ Add.1 
Page 7 
3. The following sentence shail be inserted at the end of Articie 14a (3): 
"If the dispute concerns the granting or transferral of exploitation rights in respect 
of cable retransmission this period shall amount to three months." 
4. In Article 14b the words :'Article 14 (1), item 1" in paragraph (1) and In 
paragraph (2) shall be replaced by the words "Article 14 (1), item 1 a)". 
5. In Article 14c (1), first sentence the words "Article 14 (1), item 2" shall be replaced 
by the words "Article 14 (1), item 1 b)". 
6. The following Article 14d shall be inserted after Article 14c: 
"Article 14d 
Disputes Concerning Rights of Cable Retransmission 
In the case of disputes under Article 14 (1), item 2, Article 14c shall apply mutatis 
mutandis." 
7. Article 16 shall be amended as follows: 
a) In paragraph (2) the words "Article 14 (1), item 1" shall be replaced by the 
words "Article 14 (1), iteiT11 b)". 
b) In paragraph (4) the words "and of a contract under Article 14 (1), item 2" shall 
be inserted after the words "of an inclusive contract (Article 12)". 
Article 3 
Entry into Force 
(1) This Law shall enter into force on the first day of the calendar month following 
its promulgation. 
The constitutional rights of the Federal Council have been heeded. 
The above Law is hereby executed and promulgated in the Federal Law Gazette. 
Berlin, 8 May 1998 IP/N/l/DEU/C/ll Add. 3 
IP/N/l/DEU/C/21 Add.l 
Page 8 
The Federal President 
Roman Herzog 
The Federal Chancellor 
Dr. H el m u t K o.h I 
The Federal Minister of Justice 
Schmidt-Jortzig