IP/N/1/AUT/7  
IP/N/1/AUT/C/5  
 
20 October 2023  
(23-7079)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
AUSTRIA : COPYRIGHT ACT - COPYRIGHT TO LITERARY AND ARTISTIC WORKS  
Notifying Member  AUSTRIA  
 
Details of the notified legal text  
 
Title Copyright Act - Copyright to literary and artistic works  
Subject matter  Copyright and related rights  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2023/IP/AUT/23_12966_00_e.pdf  
https://ip -documents.info/2023/IP/AUT/23_12966_00_x.pdf   
 
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/AUT/C/2 ; IP/N/1/AUT/C/1 ; IP/N/1/AUT/1/Rev.2 ; 
IP/N/1/AUT/1/Rev.1  
Brief description of the notified legal text  
 
The Austrian copyright law has been amended various times since 1996. These amendments are 
based in particular on the implementation of the European Directives. Most recently, in 2021, 
Directive (EU) 2019/790 on copyright in the digital single market was i mplemented ("Directive 
(EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and 
related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC"), which 
introduced, among other things  -  
 
• Harmonized rules across Europe regarding exception for automatic analysis of digital data (text 
and data mining), the use of works for digital teaching and teaching activities and the preservation 
of cultural heritage,  
 
• A legal framework that makes it easi er for museums, libraries and archives to digitize their holdings 
of out -of-print (i.e. not available on the market) works and offer them on the Internet,  
 
• Regulations to (also) hold internet platforms such as YouTube, whose business model is designed 
so that their users upload large amounts of copyrighted material to their platforms, responsible for 
these uploads and  
 IP/N/1/AUT/7 • IP/N/1/AUT/C/5  
 
- 2 - 
 
  • Copyright contract rights for authors and performing artists to an appropriate and proportionate 
fee, a kind of a "bestseller clause" in the event of unexpected success, an obligation to invoice their 
contractual partners and a right to revoke rights of use due to insufficient use.  
 
Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019  lays down 
rules on the exercise of copyright and related rights applicable to certain online transmissions of 
broadcasting organi zations and retransmissions of television and radio programmes, and amending 
Council Directive 93/83/EEC entered into force on  June 7, 2019, complements the existing 
Directive  93/83/EEC and facilitates the clearance of copyright and related rights of radio and certain 
TV content for cross -border digital broadcast and retransmissions. This Directive also establishes the 
"country o f origin" principle, extends the system of mandatory collective management to all types 
of retransmission of relevant television and radio program mes and clarifies the legal framework of 
the so -called transmission by "direct injection".  
 
Language(s) of 
notified legal text English, German  
Entry into force  31 December 2021  
Other date    
 
Notification details  
 
Submission date 
of notification  19 September 2023  
Other information   IP/N/1/EU/C/14  
(Directive (EU) 2019/790 on copyright in the digital single market ) 
 
IP/N/1/EU/29  
(Directive (EU) 2019/789 of the European Parliament and of the Council of 
17 April 2019 laying down rules on the exercise of copyright and related 
rights applicable to certai n online transmissions of broadcasting organisations 
and retransmissions of television and radio programmes, and amending 
Council Directive 93/83/EEC)  
 
IP/N/1/EU/C/1  
(Directive 2001/29/EC)  
 
IP/N/1/EEC/C/2  
(Directive 96/9/EC ) 
 
Agency or 
authority 
responsible  Federal Ministry of Justice  
Department 4  
(resp. expert Ms Felicitas Parapatis)  
Museumstr. 7  
1070 Vienna  
Austria  
 
Email:  felicitas.parapatits@bmj.gv.at  
Telephone :  +43-1-526 36 86  
 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.