It also determines that in the case of the three-step tests the interests of consumers outweigh the interests of the rightholders, because a cascading evaluation (first cinema, then on data storage media and thereafter in pay-TV before coming to free-TV) has already taken place and the intention is not to impede flexibility of use over time. Consequently, all reproductions that are program-related and not work-related are governed by Article 19 (1) URG and (2) URG.

This statement contains two conclusions for all works: First, it also applies to operational use pursuant to Article 19 (1) para. c URG. Secondly, it is necessary to examine whether there may be other non-work-related matters, i.e. it does not relate to the production of copies which satisfy the completely identical need as the commercially available copies.

The decision of the Federal Arbitration Commission of 17 December 2013 thus dovetails with the existing decisions of the Federal Arbitration Commission and the Federal Supreme Court.

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