CopA Art. 43a -

Einleitung zur Rechtsnorm CopA:

Art. 43a CopA from 2022

Art. 43a Extended Collective Licences

1 A collective rights management organisation may also assert the exclusive rights of rights holders who are not represented by it for the use of a large number of published works and protected performances, and for which assertion is not subject to the authorisation requirement under Article 41, insofar as the following requirements are fulfilled:

2 Works located in collections of public and publicly accessible libraries, archives or other memory institutions are considered to be published within the meaning of paragraph 1.

3 The collective rights management organisations shall make the extended collective licences known in an appropriate manner before they come into force, in particular via publication in easily accessible and traceable locations.

4 Rights holders and holders of an exclusive licence may request the collective rights management organisation which is granting an extended collective licence to exclude their rights from a particular collective licence; the applicability of this collective licence to the protected works or protected services in question ends with the receipt of the opt out notice.

5 Neither the provisions regarding tariffs (Art. 46 and 47) nor the provisions regarding the supervision of tariffs (Art. 55–60) apply to extended collective licences; however, proceeds from these exploitations must be distributed in accordance with the principles of Article 49. Exploitation under this article is subject to the obligation to provide information and render account (Art. 50) and the supervision of the conduct of business (Art. 52–54).