Dr. Stanislaus Jaworski on contract adjustment mechanisms under German copyright law

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Such mechanisms will come to all EU member states due to Art. 20 of the DSM Directive. But are such mechanisms really fair? Right holders have to pay more in case of great success, but there is no refund mechanism in favor of right holders when a work flops. Therefore, these mechanisms are a one-way street. Also, it is unclear whether on average authors will benefit from right holders being possibly more inclined towards a success-orientated remuneration – most works are not blockbusters. We regularly defend right holders against claims for further remuneration.