¹ The following rights to archived works of broadcasting organisations’ under the Federal Act of 24 March 2006¹³ on Radio and Television may only be asserted by the authorised collective rights management organisations, subject to paragraph 3:

a.

the right to broadcast the unmodified complete archived work or an excerpt thereof;

b.

the right to make available the unmodified complete work, or an excerpt thereof, in such a way that persons may access it from a place or at a time individually chosen by them;

c.

the reproduction rights necessary to exercise the uses under letters a and b.

² A broadcasting organisations’ archived work means a work fixed on a phonogram or audio-visual fixation which was created by a broadcasting organisation under its own editorial responsibility and at its own expense or by a third party at the sole request and expense of the broadcasting organisation and which was first broadcast at least ten years previously. In the event that other works or parts of works are integrated into an archived work, paragraph 1 also applies to the assertion of rights to this work or partial work insofar as these do not significantly determine the unique character of the archived works.

³ To the extent that the rights under paragraph 1 and their remuneration are regulated in a contract prior to the first broadcast or within ten years thereafter, the contractual provisions apply exclusively. Paragraph 1 does not apply to the broadcasting organisations' rights under Article 37. The broadcasting organisations and the third parties involved must provide information regarding the contractual agreement to the collective rights management organisation upon request.