The German government on May 30, 2001 has introduced a bill intended to improve the situation of authors and performing artists. The intention of the draft law is to reinforce the contractual rights authors and performing artists have under their agreements with publishers, producers, and other entities exploiting their works.
In order to achieve this aim, the bill provides for a statutory claim for equitable remuneration for all uses made of a copyrighted work or any performance. Such statutory claim is in addition to any contractual claim and would be directed not only against the immediate contracting party, but against any entity using the work or the performance within Germany. It would not be limited to claims deriving from contracts governed by German law, but would apply to foreign works that are exploited in Germany as well. Any contractual remuneration received by the author or the performing artist could be set off against the statutory claim for equitable remuneration.
