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Contributory Agreement

General Terms of Contributory Agreement

§ 1 Grant of rights

(1) The Contributor hereby grants the Institute the rights to exploit his/her Contribution without restriction of territory, time or content in all forms of exploitation. The grant of rights include the Institute’s right to exploit the rights both in-house and by granting licenses or by transferring rights (including partial licenses/transfers of rights), with or without compensation, to third parties, and refers to all editions and print runs (without any limitation to the number of copies).

 

(2) The Contributor in particular grants the following rights to the Institute in accordance with § 1(1): 

 

a) Print and Publishing Rights

aa) the right to translate the Contribution and/or the Work, using the contribution into both other languages and different dialects, the right to exploit these versions in all contractual formats, as well as the right to adapt or modify the Contribution in any other manner, including Braille;

bb) the right to reproduce and distribute the Contribution in hardcover, book club, special, trade paperback, popular, school, mass market, reprint, Reader's Digest, Weltbild Reader, luxury, large print, microcopy, loose-leaf, and other editions (including calendars), as well as the right to include the Contribution, in whole or in part, in archives and libraries of whatsoever nature;

cc) the right to serialize the Contribution, in whole or in part, in newspapers or magazines — even if no compensation is paid therefore in connection with serialization for promotional purposes — as well as the right to use portions of the Work in anthologies;

dd) the right to edit the Contribution, also by further developing it, for the purpose of exploiting it in all contractual formats.

 

b) Electronic Rights

aa) the right to reproduce and distribute the Contribution and/or editions of the Work using the contribution or portions thereof, which were produced using digital storage and playback media, irrespective of the technical features of the respective edition and including any and all digital or interactive systems, e.g. CD-ROM, CD-I, E-book, or other forms of electronic publishing; 

bb) the right to feed and store the Contribution and/or the Work, using the contribution, in whole or in part, into and in electronic databases, electronic data networks, telephone services, etc. and to make it publicly available and/or broadcast it to a multitude of users, who may individually access it by means of digital or other storage and transfer systems.

 

c) Adaptions and Readings

aa) the right to have read aloud the Contribution and/or the Work, using the contribution;

bb) the right to adapt and exploit the Contribution and/or the Work, using the contribution, in broadcasting (including radio, cable, and satellite transmission, as well as similar transmission modes) and in the form of audio books and/or audio plays, including the right to create audio versions of the Work; 

cc) the right to record, produce, process, reproduce, and distribute the Contribution and/or Work, using the contribution, in all contractual formats on visual, sound, and/or audiovisual media of whatsoever nature;

dd) the playback or recording rights to the Work/Contribution arising from its publication on visual and/or audio media, loudspeaker transmission, or broadcasting.

 

d) Miscellaneous Rights

aa) the right to publish, lend, and/or rent the Contribution and/or Work, using the Contribution, commercially or non-commercially, in all physical contractual formats;

bb) the right to use the Contribution and/or Work, with or without compensation, in the scope granted hereunder in all contractual formats, including on the Internet, for purposes of promoting the Institute and/or third parties, including their products;

cc) all other rights administered by royalties collection societies, e.g. the Verwertungsgesellschaft Wort ("VG Wort"), in accordance with their respective statutes, contracts of assignment, and royalties distribution schemes, provided such transfer of these rights is permitted under the applicable terms and law.

 

3) The decision on the grant of rights (form, scope, conditions, etc.) and/or transfer of rights to third parties lies within the unrestricted discretion of the Institute respectively its contractual partners.

 

§ 2 Warranty

The Contributor represents that the Contribution does not infringe third-party rights and that he or she has the sole right to dispose of the contractual rights without reservations and free and clear of third-party rights and that he or she has not and will not dispose of the rights in any ways that run counter to this contract. 

 

§ 3 Miscellaneous

(1) The Publisher may remainder its own edition(s) at prices other than the retail price if sales have fallen to such an extent that continuing to distribute the Work as before is no longer viable in the Institute’s point of view. This does not require the consent of the contributor. This contract shall not be affected by any remainder sale and/or sale for scrap or pulping; insofar, Section 32 [German] Publishing Act [Gesetz über das Verlagsrecht (VerlG)] shall not apply.

(2) Any amendments to or modifications of this contract shall be in writing.

(3) If individual provisions of this Contract are or become ineffective, the validity of the remaining provisions of this contract shall be unaffected thereby. The parties shall stipulate an effective provision in lieu of the ineffective provision, which shall come as close as possible to the ineffective provision in actual, economic, and legal terms. The same procedure shall apply if the contract contains any gap. 

(4) Place of fulfillment of all obligations and – to the degree permitted by law – of comprehensive jurisdiction is Hamburg.

(5) The contract shall be governed by the laws of the Federal Republic of Germany. 

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