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Regulation on the Arbitration Award for Copyright Disputes

Original Language Title: Verordnung über die Schiedsstelle für Urheberrechtsstreitfälle

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Regulation on the Arbitration Board for Copyright Disputes (Copyright Arbitration Court-UrhReferv)

Unofficial table of contents

UrhReferv

Date of completion: 20.12.1985

Full quote:

" Copyright Arbitration ordinance of 20 December 1985 (BGBl. 2543), as last amended by Article 19 (6) of the Law of 12 December 2007 (BGBl I). I p. 2840).

Status: Last amended by Art. 19 para. 6 G v. 12.12.2007 I 2840

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1. 1.1986 + + +) Unofficial table of contents

Input formula

On the basis of the provisions of Article 2 (8) of the Law of 24 June 1985 (BGBl). I p. 1137) The new § 15 of the Copyright Act is prescribed: Unofficial table of contents

§ 1 Introduction of the procedure

(1) The written request to appeal to the arbitral body pursuant to Section 14 (4) of the Copyright Act has to contain the name and address of the defendant as well as a presentation of the facts. It is to be submitted in two pieces. (2) The request will be sent by the arbitrator to the defendant with the request to submit a written statement within one month. (3) A collecting society requests the conclusion of an application. Total contract, the defendant may declare that he is not ready to conclude the contract. If the declaration is made, the procedure shall be adjusted; the procedure shall also be adjusted if it does not declare itself within one month. The respondent is to be lecturing on this. Unofficial table of contents

§ 2 withdrawal of the application

(1) The application may be withdrawn, but in proceedings with oral proceedings only until the beginning of the oral proceedings without the respondent's consent. (2) If the application is withdrawn, the applicant shall have the costs of the oral proceedings. To carry out the procedure and the necessary outlays of the defendant. Unofficial table of contents

§ 3 Oral proceedings

In the case of disputes concerning the conclusion or amendment of an overall contract, the arbitral body shall decide on the basis of oral proceedings. The oral proceedings may, with the consent of the parties concerned, be waited. Unofficial table of contents

§ 4 Written procedure

In the event of a dispute pursuant to Section 14 (1) No. 1 of the Copyright Act, the arbitral body shall decide in the written procedure. The Arbitration Board shall decide on the basis of oral proceedings if one of the parties concerned requests it and the other agrees to it or if it considers it necessary, exceptionally, to clarify the facts. Unofficial table of contents

§ 5 Preparation of the hearing

In the event of disputes concerning the conclusion or amendment of an overall contract, the Chairman may invite the parties concerned, with their consent before the oral proceedings, to an attempt to compare them without the assistance of the co-sitters. It is obliged to do so if both parties apply for it. Unofficial table of contents

§ 6 Procedure for oral proceedings

(1) The parties concerned shall be invited to the hearing. The charge period shall be at least two weeks. (2) The hearing before the arbitration board shall not be public. Representatives of the Federal Minister of Justice, the Supervisory Authority and the Federal Cartel Office may be present. (3) The arbitration body may prohibit agents or advisers who are not lawyers, if they are not in the (4) The proceedings must be completed by the Chairman and the Secretary of the Secretary. (5) The proposal does not require the person concerned to enter into the proceedings. to be proclaimed orally. Unofficial table of contents

§ 7 Stay at the oral proceedings

(1) In the event that the applicant does not appear for oral proceedings, the application shall be deemed to be withdrawn. It may, however, apply for re-establishment of rights in the previous stand; the provisions of the Code of Civil Procedure relating to the re-establishment of rights to the previous stand are to be applied accordingly. (2) The defendant does not appear to be oral proceedings, so (4) The parties are in charge of oral proceedings for the consequences of their whereabouts. (4) The parties are in charge of the oral proceedings for the consequences of their failure to leave the proceedings. . Unofficial table of contents

Section 8 Determination of officals on the grounds of

(1) The arbitration body shall not be bound by evidence. It shall determine its own motion and shall collect the necessary and appropriate evidence. The parties concerned shall be given the opportunity to comment on the results of the investigation and evidence. (2) The arbitration body may, subject to paragraph 3, hear interested parties and witnesses, report on opinions and user associations, and Collecting societies which are not parties to the proceedings. (3) The hearing of a witness who does not appear voluntarily in front of the arbitration body or refuses to testify, the collection of an expert opinion from an expert who is does not voluntarily appear before the Court of Arbitration or the refund of a The Court of Arbitration shall, at the request of the Court of Arbitration, be required by the District Court, at the request of the Arbitration body, in the district of which the Court of Arbitration shall be refused, as well as a witness, expert or party deemed necessary by the arbitrator. (4) The provisions of the Constitutional Law, in particular on mutual legal assistance, and the provisions of the Code of Civil Procedure shall be applied accordingly. Unofficial table of contents

§ 9 Rejection of members of the arbitration board

The District Court, in whose district the Court of Arbitration has its seat, shall decide on the exclusion and rejection of the members of the arbitration board. The request for rejection shall be made at the point of arbitration. The provisions of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 10 Procedure measures

The arbitration body shall, moreover, proceed to the discretion of the arbitrator. It should be based on the rules laid down in the Code of Civil Procedure. Unofficial table of contents

§ 11 Honorary Members

(1) If the Arbitration Board is filled with honorary members, they shall receive, upon request, compensation in accordance with § § 2, 3, 5 to 7 and 16 to 18 of the Justice and Compensation Act. (2) The compensation shall be paid by the Supervisory authority. (3) The honorary member may apply for a court order. The court of office in whose district the arbitration body has its seat shall decide on the application. The application must be submitted to the supervisory authority or to the minutes of the office. The supervisory authority may remedy the application. Costs will not be reimbursed. Unofficial table of contents

§ 12 Compensation of witnesses and experts

(1) witnesses and experts receive compensation or remuneration in accordance with § § 3, 5 to 10, 12 and 19 to 22 of the Justice and Compensation Act, § 2 and Section 13 (1), subsection 2 sentences 1 to 3 of this law are accordingly (2) § 11 (2) and (3) shall be applied accordingly. (3) The fixing shall not be at the expense of the cost debtor. Unofficial table of contents

§ 13 Costs of Procedure

(1) A fee and expenses (costs) are levied by the Supervisory Authority for the proceedings before the Arbitration Board. (2) The fee is based on the dispute value. Their height is determined in accordance with the table of Appendix 2 to the Law on Legal Costals. The minimum amount of the fee is subject to Section 34 (2) of the Law of the Court of Justice. (3) The dispute value shall be determined by the arbitration body. (4) In proceedings pursuant to § 3 sentence 1, the fee shall not be charged if the application is withdrawn or the application is withdrawn before an oral proceedings are held. Method is set. If the application is withdrawn before a survey, the fee will be reduced to one third. In proceedings pursuant to § 3, sentence 2 and § 4, the arbitration body may, in the event of withdrawal of the application or in the case of recruitment, be omitted or reduced the fee. (5) Deposits shall be provided in the appropriate application of the numbers 9000 to 9013 of the (6) The fee will be charged at the end of the proceedings, expenses are due immediately after their creation. (7) The delivery of the application shall be subject to the payment of an advance at the level of one third of the costs. the fee shall be made subject to the applicant's charge. In the case of § 1 paragraph 3, the advance payment shall be requested only if the continuation of the proceedings is determined. (8) The provisions of § 2 para. 1, 3, 5, § § 5, 17, 20, 21, 22 para. 1, § § 28, 29, 31, 32 of the Law on Legal Law on the Free of charge, the limitation period and the interest in the costs, the advance payment, the repayment and the cancellation of the costs and the debtor's costs are to be applied accordingly. (9) On objections to administrative acts in connection with the execution of the Cost rules shall be decided on in procedures to conclude or amend an overall contract , the Oberlandesgericht (Oberlandesgericht), otherwise the District Court, in whose district the supervisory authority is situated. The objections shall be raised by the arbitrator or by the supervisory authority. § 19 (5) and § 66 (5) sentence 1, 3 and 4, para. 7 sentence 1 and section 8 of the Law on Jurisdiction and Law are to be applied accordingly; on appeal, the court next highest in the law suit decides. Unofficial table of contents

§ 14 Distribution of costs

(1) The arbitral body shall decide on the distribution of the costs of the proceedings in accordance with its reasonable discretion, unless otherwise specified. The Arbitration Board may order that the necessary expenses for a person concerned shall be reimbursed in whole or in part by the counterparty if this corresponds to the equity. (2) The decision on the costs may be made by application court decision, even if the conciliation proposal of the arbitration body is accepted. The application shall be made in proceedings concerning the conclusion or amendment of an overall contract, the Oberlandesgericht (Oberlandesgericht), otherwise the District Court, in whose district the Court of Arbitration shall have its seat. Unofficial table of contents

Section 15 Setting of costs

(1) The costs of the proceedings (§ 13) and the necessary expenses to be reimbured to a participant (Section 14 (1) sentence 2) shall be determined by the supervisory authority. The determination shall be made to the debtor and, if the necessary expenses to be reimbursable pursuant to Article 14 (1), second sentence, have been fixed, to the person entitled to reimbursement. (2) Each person concerned may, within a period of two weeks after the date of the Request for a court order to determine the costs and the necessary expenses to be reimbured. In the case of proceedings concerning the conclusion or amendment of an overall contract, the Oberlandesgericht (Oberlandesgericht), in whose district the supervisory authority is established, shall decide on the application, in all other cases, the district court. The application must be submitted to the supervisory authority. The supervisory authority may remedy the application. (3) Enforcement of costs shall take place in the appropriate application of the civil procedure from the decision on the determination of costs. Unofficial table of contents

§ 16 Berlin-clause

This Regulation applies in accordance with Section 14 of the Third Transfer Act in conjunction with Section 27 of the Copyright Law Enforcement Act also in the Land of Berlin. Unofficial table of contents

Section 17 Entry into force, detached provision

This Regulation shall enter into force on 1 January 1986. At the same time, the Regulation on the Arbitration shall enter into force in accordance with the Act on the Perception of Copyright and Related Rights of 18 December 1965 (BGBl. I see 2106), as amended by Regulation of 26 June 1970 (BGBl. 840), out of force; Unofficial table of contents

Final formula

The Federal Minister for Justice