According to Section 13a of the Copyright Administration Act, as amended in 2007,8)_and_footnotes(n158);.vk n158 rates of levies and remuneration have to be negotiated between the collecting societies, on the one hand, and the associations of manufacturers of the copying devices and recording media, on the other hand. If they do not come to terms, the rates of remuneration have to be established via arbitration and other procedures which have been described above.8)_and_footnotes(n159);.vk n159 According to Section 54a(1)(2) as amended, technical protection measures in the sense of Section 95a, if applied to copying subject to remuneration,8)_and_footnotes(n160);.vk n160 have to be taken into account when calculating the amount of the remuneration.8)_and_footnotes(n161);.vk n161 As a natural consequence of that provision, according to Section 54h(2)(2) of the Copyright Act as amended, works protected by technical safeguards are excluded from distribution schemes.
Finally, according to Section 54a(1), (3) and (4) as amended, other legal criteria for determining the concrete amount of that remuneration are, inter alia, the extent to which the devices and media are effectively used for the relevant reproduction, the copying efficiency and storing capacity of the devices or media, the avoidance of unfair burdens on their manufacturers, and economically reasonable relationships to price levels of devices, media, etc. In addition, according to Section 54a(2), in the case of complexes of devices and storage media or of functionally cooperating storage units, the remuneration as a whole must be reasonable. These provisions partially maintain and partially vary previous case law in the field.8)_and_footnotes(n162);.vk n162