Copyright Act  
 
Copyright to literary and artistic works.  
I. Section.  
The work.  
Works of liter ature and art.  
§ 1. (1) works within the meaning of this Act are unique intellectual creations in the fields of 
literature, music, art and cinema.  
(2) A work as a whole and in its parts enjoys copyright protection under the provisions of this Act.  
Works of  literature.  
§ 2. Works of literature for the purposes of this Act are:  
1. Language works of all kinds, including computer programs ( § 40a);  
2. Stage works, the printouts of which are conditions and other physical movem ent 
(choreographic and pantomimic works);  
3. Works of scientific or illustrative nature consisting of figurative representations in the surface 
or in the room, except where they are not part of the works of art.  
Works of art.  
§ 3. (1) the works of art of a rt within the meaning of this Act also include the works of art (light 
works), architectural art and used art (the arts industry).  
(2) Works of photo imaging (light works) are works produced by a photographic process or a process 
similar to photography.  
Works of art.  
§ 4. Works of film art (film work) are understood to mean drive works, as a result of which the 
processes and actions forming the subject matter of the work are displayed either merely for the face or 
simultaneously for the face and hearing, wi thout regard to the nature of the process used in the production 
or performance of the work.  
Adaptation.  
§ 5. (1) translations and other adaptations, insofar as they are an original intellectual creation of the 
adapter, are, without prejudice to the copyri ght law existing on the work processed, such as original 
works.  
(2) The use of a work in the creation of another does not make it an adaptation if it constitutes an 
independent new work compared to the work used.  
Collection plants.  
§ 6. Collections which r epresent a unique intellectual creation as a result of the bringing together of 
individual contributions to a single whole are protected by copyright as a collective work; the copyright 
that may exist for the recorded contributions remains unaffected.  
Free  works.  
§ 7. (1) laws, regulations, official occasions, publications and decisions, as well as official works 
made exclusively or mainly for official use of the type referred to in Section 2 (1) or (3) do not enjoy 
copyright protection.  
(2) Land maps produ ced or processed by the Federal Office for oak and surveying (Section 5 (1)) and 
land maps intended for distribution ( § 16) are not free works.  
Published works.  
§ 8. A work is published as soon as it has been made available to the public with the consent o f the 
beneficiary.  
Works that appeared.  
§ 9. (1) a work has appeared as soon as it has been made available to the public, with the consent of 
the proprietors, by the fact that workpieces have been offered for sale or placed on the market in sufficient 
numb er.  
 
 
 (2) A work that appeared in Austria  and abroad within a period of 30 days is one o f the works published 
in Austria . 
II. Section.  
The author.  
§ 10. (1) the author of a work is who created it.  
(2) In this law, the expression ‘author’ includes, in additio n to the creator of the work, if the contrary is 
not apparent from the reference to the provision in paragraph 1, the persons to whom the copyright has 
passed after his death.  
Co-owner.  
§ 11. (1) if several of them have jointly created a work in which the results of their creation form an 
inseparable unit, copyright is jointly owned by all joint authors.  
(2) Any co -owner is entitled, on his own behalf, to bring proceedings against copyright infringements 
before the courts. The agreement of all co -authors is  required in order to alter or exploit the work. If a 
joint officer refuses his or her consent without sufficient reason, any other competitor may bring an action 
against his or her granting of his or her consent. If the defendant does not have a  general j urisdiction in 
Austria , the courts in whose Sprengel is the first city of Vienna are competent.  
(3) The connection of different types of works — such as that of a work of sound art with a language 
work or a film work — does not in itself constitute a co -ownership.  
Presumption of authorship.  
§ 12. (1) a person who is normally designated as author on the duplications of a work of art or on an 
original of a work of art shall, until proof of the contrary, be deemed to be th e author (Section 10 (1)) of 
the work if the designation exists in the indication of its true name or a ceiling or ceiling of such a work 
that he is aware of.  
(2) The same applies to what is referred to as author in the case of a public submission, public 
performance or demonstration, radio broadcast or making available to the public of the work in the 
manner referred to in paragraph 1, unless the presumption of authorship referred to in paragraph 1 applies 
to another.  
Unnamed author.  
§ 13. As long as the a uthor (Section 10 (1)) of a published work has not been designated in a manner 
establishing the presumption of authorship pursuant to § 12, the publisher or, if this is not specified on the 
workpieces, the publisher is deemed to be authorised by the author  to manage the copyright. In such a 
case, the publisher or publisher is also entitled to take legal action against copyright infringements in their 
own name.  
III. Paragraph  
Copyright.  
1. Exploitation rights.  
§ 14. (1) with the limitations imposed by the la w, the author has the exclusive right to exploit the 
work in the ways reserved to him by the following provisions (exploitation rights).  
(2) The author of a translation or other processing may exploit these in the ways reserved to him only if 
the author of  the work processed grants him the exclusive right or authorisation to do so (right of 
processing or translation).  
(3) The public communication of the content of a work in literature or film art is reserved for the author, 
as long as neither the work nor i ts essential content is published with the consent of the author.  
Reproduction right.  
§ 15. (1) the author has the exclusive right to reproduce the work in any process, in what quantity 
and whether temporarily or permanently.  
(2) Reproduction also consists , inter alia, in maintaining the presentation or performance of a work on 
means of repeated reproduction for the face or hearing (image or sound carriers), such as for example on 
film strips or records.   
 
 
 (3) Such sound recording media are equivalent to the repeated reproduction of works, which are produced 
without sound recording by holes, punching, fastening pens or in a similar way (trimhorgels, musical 
boxes and the like).  
(4) In the case of plans and designs relating to works of art, the reproduction rig ht also includes the 
exclusive right to carry out the work thereafter.  
Distribution right.  
§ 16. (1) the author has the exclusive right to distribute pieces of work. By virtue of that right, works 
may not be exhibited or placed on the market in a way that makes them available to the public without his 
consent.  
(2) As long as a work has not been published, the distribution right also covers the exclusive right to 
make the work available to the public by means of public display, display, display, display or s imilar use 
of works.  
(3) The distribution right is not subject to the distribution right, subject to § 16a -workpieces which have 
been placed on the market, with the consent of the beneficiary, in a Member State of the European 
Community or in a state part y to the European Economic Area.  
(4) The distribution right existing in a work of art is not subject to works that are part of an item of real 
estate.  
(5) Where this law makes use of the expression ‘distributing a work ’, it is only to be understood as 
mean ing the distribution of works reserved to the author under paragraphs 1 to 3.  
Leasing and lending  
§ 16a. (1) Section 16 (3) shall not apply to the rental (para. 3) of workpieces.  
(2) Section 16 (3) applies to the lending (subsection 3) of workpieces, provi ded that the author has a right 
to reasonable remuneration. Such claims can only be asserted by CMOs.  
(3) For the purposes of this provision, rental is to be understood to refer to the time -limited transfer of use 
for the purpose of acquisition, including lending for temporary use for non -marketing purposes by an 
establishment accessible to the public (library, image or sound recording, artotheque and the like).  
(4) Paragraphs 1 and 2 shall not apply:  
1. for rental and lending for the purpose of broadcasting ( § 17), as well as public submissions and 
presentation and presentation ( § 18), 
2. works of art applied to works of art (the arts and crafts).  
(5) If a person entitled to use a work or a film produc er entitled under § 38 (1) allows others to rent or 
borrow work items, then the author has an indispensable right to a reasonable proportion of that 
compensation against the person entitled to use the work or the film producer. If the claim for 
remuneratio n relates to the lending of workpieces under the law or to another on the basis of a contract, 
the author has an indispensable right to a reasonable proportion of the remuneration.  
Read as follows  
§ 16 (b).  (1) Section 16 (3) applies to the resale of the o riginal of a work of art after the first sale by 
the author, with the proviso that the author has a right to remuneration against the seller in the amount of 
the following proportion of the sales price free of tax (subsequent payroll):  
4 % of the first  EUR  50,000;  
3 % of the others  EUR 150,000;  
1 % of the others  EUR 150,000;  
0.5 % of the others  EUR 150,000;  
0.25 % of any further amounts;   
however, the total amount of the royalty may not exceed EUR 12,500.  
(2) The entitlement to the subsequent fee is only payable if the sales price is at least EUR 2,500 and a 
representative of the art market — such as an auctioneer, art gallery or any other artist — is involved in 
the sale as seller, purchaser or broker; the se persons are liable as brushes and payors, provided that they 
are not subject to payment themselves. The right may not be waived in advance. The resale right may also 
be relied upon by a collective management organisation; furthermore, this right is inal ienable. for the rest, 
the claim is inextricable. Section 23 (1) shall apply mutatis mutandis.  
(3) Items of originality within the meaning of subsection (1) shall be considered to be original.  
1. have been made by the author himself,   
 
 
 2. which have been pro duced in limited edition by the author himself or under his or her 
management and are normally numbered and signed by the author or authorised in some other 
appropriate manner;  
3. which are otherwise regarded as original.  
(4) There is no entitlement to the  subsequent fee if the seller acquired the work from the author less than 
three years ago and does not exceed EUR 10,000.  
Mustard rights.  
§ 17. (1) the author shall have the exclusive right to broadcast the work by radio or similar.  
(2) It is tantamount to  a radio programme if a work is made perceptible by an office located in or abroad 
from the public in Austria , similarly to radio, but by means of cables.  
(3) The simultaneous complete and unchanged transmission of radio broadcasts of the Austrian radio wi th 
the aid of cables in Austria  is considered to be part of the original radio broadcast.  
(4) If a radio contractor broadcast a work by means of a technical process that is not a radio contractor 
(signal distributors) without being made available to the pu blic during such transmission (direct 
induction), and if the signal distributor allows the work directly to be perceived to the public, the radio 
contractor and the signal distributors are deemed to be a participant in a single broadcast in which they 
are involved through their respective contributions and in respect of which they each have to obtain the 
author’s authorisation. This does not apply if the radio contractor also broadcast the work itself. The right 
to perceive a work as a signal spreader direc tly to a public can only be invoked by CMOs. § § 59a and 
59b must be applied.  
§ 17a. If the programming signals are encrypted, there is only a radio broadcast if the means for 
decryption the broadcast have been made available to the public by the broadcast ing company itself or 
with its consent.  
§ 17 (b).  (1) in the case of radio broadcast via satellite, the act of exploitation reserved to the author 
lies in the entry of the programmed signal bearing the control and responsibility of the broadcasting 
proprie tor in an uninterrupted communication chain which leads to the satellite and back to the earth. 
Subject to paragraph 2, the broadcast by satellite therefore takes place only in the country in which this 
entry is made.  
(2) Where the submission referred to i n paragraph 1 takes place in a state which is not a Member State of 
the European Economic Area and where the level of protection provided for in Chapter II of the Council 
of the European Communities of 27 September 1993 on the coordination of certain copyr ight and 
performance requirements relating to satellite broadcasting and cable retransmission is not guaranteed, the 
broadcast shall take place.  
1. in the Member State of the European Economic Area where the radio station is located, from 
which the program mable signals are led to satellite;  
2. if the condition under point 1 is not met, the Member State of the European Economic Area in 
which the principal place of business of the radio operator that commissioned the entry within the 
meaning of paragraph 1 is  present.  
(3) In the cases referred to in paragraph 2, the operation of the radio station or the order to enter within 
the meaning of subsection 1 is deemed to be a transmission within the meaning of Section 17 (1).  
Law on presentation, performance and pre sentation.  
§ 18. (1) the author shall have the exclusive right to present or list a linguistic work publicly, a work 
of the type designated in § 2, point 2, or a work of sound or a film, and to present a work of the visual arts 
publicly by means of optical  facilities.  
(2) It makes no difference whether the recitation or performance takes place directly or through the use of 
visual or audio media.  
(3) Public lectures, presentations and presentations also include the use of a radio broadcast or the making 
available to the public of a work to make a public representation of the work that is broadcast or made 
available to the public by loudspeakers or by any other technical device, as well as the public 
reproduction of lectures, presentations or presentations of  a work outside the place (theatre, room, garden, 
etc.) acting in such a way, where they take place. Uses that are subject to the right of presentation, 
performance or presentation are not subject to broadcasting rights and vice versa. The transmission of 
radio programmes carried out by the same person within the device operated thereby for public 
communication purposes is part of the public communication and is not subject to broadcasting rights.  
 
 
 The last two sentences also apply to the rights of persons e ntitled to performance protection, without 
prejudice to the specific arrangement of the rights.  
Right of availability  
§ 18a. (1) the author has the exclusive right to make the work available to the public, wirelessly or 
wireless, in such a way as to be acc essible to members of the public from places and at the time of their 
choice.  
(2) If this law makes use of the expression ‘make a work available to the public ’ or ‘making a work 
available to the public ’, this is only to be understood as meaning the exploit ation reserved to the author 
pursuant to paragraph 1.  
Complementary online services  
§ 18 (b).  (1) if a radio undertaking provides additional material (complementary online service) at 
the same time, or for a limited period of time after the transmission of  the programmes or such programs, 
the exploitation act on which such supplementary broadcast or provision is based and a reproduction 
necessary for the provision, access or use of the programmes only takes place in the country in which the 
radio undertakin g, under his control and responsibility, has the programmes or supplementary material is 
provided. However, this only applies to complementary online services, which are clearly related to the 
broadcast of the radio provider ’s programmes and are subordinat e thereto.  
(2) Paragraph 1 shall apply  
1. for radio programmes and  
2. Television programmes that are news programmes or programmes for current events or 
entirely financed by the broadcasting company, except for sports events and in such works or 
other subj ect matter.  
(3) When calculating the remuneration for a complementary online service, all aspects of the service, such 
as its characteristics, the period during which the programmes provided are available online, the public 
and the language versions provid ed must be taken into account. This does not rule out the calculation of 
the amount of the compensation on the basis of the radio provider ’s income.  
(4) Paragraphs 1 to 3 are without prejudice to the freedom of the rightsholder and the broadcasting 
contrac tor to contractually limit the exploitation of such rights in accordance with Union law.  
(5) Paragraphs 1 to 3 are only to be applied to a supplementary online service provided under the control 
and responsibility of a broadcasting contractor with its prin cipal place of business in a Member State of 
the European Union or a party to the Agreement on the European Economic Area.  
Transmission and provision by suppliers of large online platforms  
§ 18c. Subject to the requirements of Section 17 (1) and (2) and § 18a, a broadcast or a work is also 
made available to the public who, as a provider of a large online platform, provides the public with access 
to copyright -protected works uploaded by its users. He therefore obtained the author ’s authorisation. 
Provider of  a large online platform is the provider of an information society service (Section 1 (1) (2) of 
the Communication Act 1999 — NotifG 1999, ared l I No 183/1999), if it plays an important role on the 
market for online content services by providing online co ntent services such as audio and video streaming 
services for the same target groups and one of the main purposes of the service is to store a large amount 
of works uploaded by its users and to provide the public with access to and publicity content. Provi ders of 
services such as non -profit online encyclopaedias, non -profit educational, artistic and scientific 
receptions, development and expansion platforms for cell software, providers of electronic 
communication services within the meaning of Section 4 poi nt 4 of the Telecommunications Act 2021 — 
TKG 2021, sheets I No 190/2021, online marketplaces, cloud services provided between companies and 
cloud services, which enable their users to upload content for their own use, are not service providers in 
the sens e of this intended purpose.  
2. Protection of intellectual interests.  
Copyright protection.  
§ 19. (1) if the authorship of a work is disputed or the work is attributed to someone other than its 
creator, he or she is entitled to claim authorship for him. Aft er his death, in this case the person to whom 
the copyright has passed has the right to safeguard the authorship of the creator of the work.  
(2) A surrender of this right is ineffective.   
 
 
 Copyright designation.  
§ 20. (1) the author shall determine whether and with which copyright the work is to be provided.  
(2) An adaptation may not be provided with the title of a work in a manner that gives the appearance of an 
original work.  
(3) Copies of works of art must not give the appearance of a work of originality through the copyright 
designation.  
Protection of works.  
§ 21. (1) where a work is used in a way that makes it available to the public or is reproduced for the 
purpose of distribution, the person entitled to such use of the work may also not make any restrictions, 
additions or other modifications to the work itself, the title or denomination of which, unless the author 
agrees or allows the law to amend it. In particular, modifications which may not prohibit the author from 
using the work in accordance with the habits and customs applicable in the bona fide public, namely 
amendments that are demanded by the nature or purpose of the permitted use of the work, are permissible.  
(2) Paragraph 1 shall apply to originpieces of  works of art, even if the originals are not used in a manner 
which makes the work available to the public.  
(3) Giving consent to alterations not specified in more detail does not prevent the author from opposing 
destructions, mutilations and other alterat ions to the work that seriously prejudice his or her intellectual 
interests in the work.  
3. Obligations of the owner of a workpiece.  
§ 22. The holder of a work shall make it available to the author on request, to the extent necessary in 
order to be able to  reproduce the work; in this respect, the author must take account of the interests of the 
owner accordingly. The owner is not obliged to spend out the work to the author for the stated purpose; 
nor is he obliged, in respect of the author, to ensure that t he work is preserved.  
4. Copyright transfer.  
§ 23. (1) copyright is inherited; in accordance with an order made on the event of death, it may also 
be transferred to special successor.  
(2) If the ownership of a co -owner is acquired by no -one and is also not  taken over as a mere asset by the 
state, the co -copyright right extends to the other co -authors. The same applies in the case of the surrender 
of a competitor ’s copyright, insofar as this surrender takes effect.  
(3) Moreover, copyright is not transferabl e. 
(4) If copyright is extended to several persons, the provisions applicable to joint authors ( § 11) are to be 
applied accordingly.  
5. Authorisation to use a work and the right to use a work.  
§ 24. (1) the author may allow others to use the work in indivi dual or all forms of exploitation 
reserved to the author in accordance with Sections 14 to 18a (permit to use of a work). They may also 
grant another the exclusive right to do so (right to use a work).  
(2) A permit to use a work, which was granted before g ranting or transferring a right to use a work, 
remains effective vis -à-vis the person entitled to use the work if no other agreement is reached with the 
proprietor of the permit to use the work.  
Permit of use of a work or right to use a work for the broadc ast or making available to the public 
pursuant to § 18c 
§ 24a. Where the provider of a large online platform has been granted a permit to use the work for 
the broadcast or making available to the public in accordance with § 18c or has been granted or 
trans ferred a right to use a work, the users of that service shall also be allowed to send or make the works 
concerned available to the public via the online platform, unless those users act on the basis of a 
commercial activity or obtain significant income fro m their activity. A licence granted to the user also 
entitles the provider of the service to permit use.   
 
 
 Contract assistance for the provision of audiovisual works via video -retrieval services  
§ 24 (b).  Where a contract for the granting of access to audiov isual works through video retrieval 
services is not drawn up, any of the Parties may request contract assistance to the Conciliation Committee 
(§ 82 of the Rules of Procedure of 2016, ared l. I No 27/2016). The Conciliation Committee may submit 
proposals t o the Parties.  
Purpose transfer principle and unknown types of exploitation  
§ 24c. (1) if, in a permit to use a work or when granting a right to use a work, the methods of 
exploitation are not expressly designated individually, the purpose of the contract used as a basis by both 
contracting partners is determined to which methods of exploitation it covers. The same applies to the 
question of whether a permit to use a work or a right to use a work has been granted, how far the 
authorisation and the right gra nted are sufficient and which restrictions they are subject to. The purpose 
transmission principle does not apply to works created in the context of employment law and to works 
which constitute a secondary contribution in relation to the work as a whole.  
(2) A contract by means of which the author grants a permit to use a work or grants a right of use for a 
method of exploitation that is unknown at the time of its conclusion requires a written form. The author 
can revoke this permit to use a work or this ri ght to use a work. The right of attorney shall lapse after the 
expiry of three months after the contracting partner has sent the notification of the intended 
commencement of the new type of exploitation to the author at the last known address. The right of  
attorney cannot be waived in advance.  
(3) The right of ownership does not apply to a film work or a work used to produce a film work. 
Furthermore, the right of ownership does not exist where the author has made only a subordinate 
contribution to a work, p roduct or service, in the case of works created under a employment law 
relationship, or when an additional adequate compensation for the unknown method of exploitation has 
been agreed separately.  
6. Enforcement restrictions.  
§ 25. (1) rights of exploitatio n are removed from enforcement for monetary claims.  
(2) The enforcemen t conducted on account of a monetary claim for an item of work is inadmissible if the 
sale thereof would infringe the distribution right of the author or a person entitled to use the work.  
(3) Paragraph 2 shall not apply to items of work protected by the p arty entitled to distribution or with 
his/her consent for the time of seizure.  
(4) In the case of works of art, the distribution right does not prevent the enforcement of works provided 
for sale by the person entitled to distribution.  
(5) Means which are i ntended exclusively for reproduction of a work (such as forms, plates, stones, 
wooden sticks, film strips and the like) and which belong to one of them may, because of a monetary 
requirement, only be drawn equally to a belong to the reproduction right in e nforcement.  
(6) The same applies accordingly to means which are intended exclusively for the performance of a film 
work (film strips etc.) and one entitled thereto.  
IV. Section.  
Rights of use of works.  
§ 26. The manner in which and within what geographical  and temporal limits the work may be used 
by a person entitled to use a work (sentence 2 of Section 24 (1)) depends on the contract concluded with 
the author. Insofar as the right of use of the work is sufficient, the author must also pursue, in the same 
way as a third party, and without prejudice to his right to have copyright infringements, the use of the 
work. With the expiry of this obligation, the right of exploitation acquires its earlier power.  
Transfer of the rights of use.  
§ 27. (1) rights of use o f a work are inherited and alienated.  
(2) As a rule, a right to use a work can only be transferred to special successes with the consent of the 
author. Approval can only be refused for an important reason. It shall be deemed to have been granted if 
the aut hor does not refuse it within two months of receipt of the written request from the person entitled 
to use the work or the person to whom the right of use is to be transferred; this effect must be expressly 
indicated in the invitation.   
 
 
 (3) Anyone who acqui res a right to use a work by way of special succession is required, in place of the 
seller, to meet the liabilities incumbent upon him under the contract concluded with the author. For the 
remuneration due to the author and for the damage which the buyer h as to reimburse to the author in the 
event of failure to comply with any of the obligations arising from this contract, the seller is liable to the 
author, such as a brush and seller.  
(4) Agreements concluded by the seller with the buyer without the consen t of the author, which contradict 
paragraph 3 to the detriment of the author, shall be effective against the latter.  
(5) The liability of the purchaser for a claim for damages incurred by the author before the purchase was 
made against the seller is determ ined by the general provisions.  
§ 28. (1) if nothing else is agreed, a right to use a work may be transferred to another undertaking 
with the undertaking to which it belongs or with such a branch of the undertaking, without the author 
having the consent of  the author.  
(2) Furthermore, if the person entitled to use the work is not obliged to exercise his right and has not 
agreed otherwise with the author, without his consent:  
1. Rights of use to language works and works of the type designated in § 2, point 3 , which are 
created either at the request of the person entitled to use the work in accordance with its plan 
designating the content and the nature of the treatment, or merely as an auxiliary or ancillary 
activity for a third -party work;  
2. Rights to use the work in respect of works of art (photographic images) and arts and crafts 
created on order or in the service of a commercial undertaking for the latter.  
Early termination of the contractual relationship.  
§ 29. (1) if a right to use a work is not made a t all, or is made in such insufficient manner, for the 
purpose of ordering it, that the author ’s important interests are adversely affected, if there is no fault to do 
so, the latter may, in so far as it relates to the right of use of the work, terminate t he contractual 
relationship prematurely.  
(2) The dissolution can only be explained after the expiry of a reasonable period of grace granted by the 
author to the person entitled to use the work. There is no need for a grace period if the exercise of the 
right to use the work is impossible or refused by the purchaser or if the granting of a grace period 
prejudice the predominant interests of the author.  
(3) The right to terminate the contract relationship for the reasons referred to in paragraph 1 cannot be 
dispensed with in advance for a period exceeding three years. This time limit does not include the time 
during which the entitled person entitled to use the work was prevented by circumstances on the part of 
the author from using the work.  
(4) The validity of the declaration made by the author to terminate the contractual relationship cannot be 
disputed if the person entitled to use the work does not refuse this declaration within 14 days after receipt 
thereof.  
§ 30. (1) in the case of the rights to use the work designated in § 28 (2), (1), and (2), the provisions 
of § 29 shall apply only if the person entitled to use the work is obliged to exercise its right of use.  
(2) The provisions of § 29 do not affect the rights conferred on the author by contract or la w, to cancel out 
the contract for other reasons, to demand the termination of the contract or to demand its performance, 
and to claim compensation for non -observance.  
Rights of use of works in respect of future works.  
§ 31. (1) works that are first to be c reated can also be obtained in advance.  
(2) Where the author has committed himself to granting another use of a work to all unspecified or only 
the genus according to certain works which he will establish during his life or within a period  exceeding 
five years, any part of the agreement may terminate the contract as soon as it has been concluded for five 
years. The right of termination cannot be waived in advance. The period of notice will be three months 
unless a shorter time limit is agre ed. Termination of the contract only terminates the contract with regard 
to works that have not yet been completed at the time when the notice period expires.  
(3) Paragraph 2 shall not affect other rights to cancel the contract.  
Right to other exploitation  after 15 years in the case of lump -sum compensation  
§ 31a. (1) if the author has granted a right of use for a general fee, he or she is entitled to exploit the 
work in some other way after the expiry of 15 years. For the remaining duration of the granting  of the 
right to use the work, this is replaced by a permit to use a work. The time limit starts with the granting of  
 
 
 the right to use the work or, if the work is delivered later, with the delivery. The second sentence of § 37a 
shall be applied mutatis mut andis.  
(2) At the latest after the expiry of five years from the beginning of the period referred to in paragraph 1, 
contractual partners may extend the exclusion to the entire period of the granting of rights of use in 
written form.  
(3) Paragraphs 1 and 2  shall not be applied if:  
1. the author makes only a subordinate contribution to a work, product or service; a contribution 
is of secondary importance in particular if it does not determine the overall impression of a work 
or the quality of a product or se rvice, for example because it does not form part of the typical 
content of a work, a product or a service.  
2. the work was created under an employment relationship;  
3. the work is intended with the consent of the author independently of a registration for a trade 
mark or other sign, design or Community design; or  
4. the work is not intended to be published.  
Insolvency proceedings  
§ 32. (1) if the author has granted another the exclusive right to reproduce and distribute a work, and 
insolvency proceedings ar e opened in relation to the assets of the person entitled to use the work, the 
application of the provisions of the insolvency rules relating to bilateral contracts that have not yet been 
fulfilled is not excluded by the fact that the author gave the perso n entitled to use the work the work to be 
reproduced before the insolvency proceedings were initiated.  
(2) If, at the time of the insolvency proceedings, the reproduction of the work has not yet been initiated, 
the author may withdraw from the contract. At  the request of the debtor or the liquidator, the insolvency 
court must specify a time limit, once the author can no longer declare the withdrawal.  
V. Section.  
Reservations in favour of the author.  
Rules of interpretation.  
§ 33. (1) if the contrary has not  been agreed, the granting of the right to use a work does not extend 
to translations and other adaptations, granting of the right to reproduce a work in literature or music, not 
to the reproduction of the work on image or sound recording media and to the granting of the right to 
transmit a work ( § 17), and not to the right to record the work on image or sound carriers during the 
broadcast or for the purposes of the broadcast.  
(2) In case of doubt, the granting of a right to use a work or the granting of a permit to use a work is not 
contained in the transfer of ownership of a piece of work.  
Total expenditure.  
§ 34. The author, who has granted the other the exclusive right to reproduce and distribute a work of 
literature or musical art, nevertheless retains the right to reproduce and distribute the work in an overall 
edition as soon as it has expired since the end of the calendar year in which the work appeared. This right 
cannot be limited or cancelled by contract.  
Reservation for works of art.  
§ 35. The aut hor, who has granted another the exclusive right to reproduce and distribute a work of 
art, nevertheless retains the right to reproduce and distribute it in essays about the artistic activity of the 
creator of the work or as a specimen of his work.  
Contrib utions to collections.  
§ 36. (1) if a work is accepted as a contribution to a periodical collection (newspaper, periodical, 
Jahrbuch, Almanach and the like), the author remains entitled to reproduce and distribute the work 
elsewhere if no different agreeme nt is agreed and, if it is not apparent from the circumstances, that the 
publisher or publisher of the collection is intended to acquire the right to reproduce and distribute the 
work as an exclusive right in the sense that the work may not otherwise be re produced or distributed.  
(2) Such an exclusive right lapses in the case of contributions to a newspaper just after the publication of 
the contribution in the newspaper. In the case of contributions to other collections that appear at a later 
date, as well as contributions that are accepted as non -monthly collections and for whose release the  
 
 
 author is entitled to no compensation, such an exclusive right lapses if a year has elapsed since the end of 
the calendar year in which the contribution appeared in the  collection.  
§ 37. If the publisher or publisher of a periodical collection assumes a work as a contribution and 
nothing is agreed over time when the contribution in the collection is to be reproduced and distributed, the 
publisher or publisher is in doubt  not obliged to do so. In this case, however, the author may declare the 
right of the publisher or publisher to lapse if the contribution does not appear in the collection within one 
year of delivery; the author ’s claim to the remuneration remains unaffect ed. Section 29 (4) shall apply 
mutatis mutandis.  
Two-exploitation right of authors of scientific contributions  
§ 37a. The author of a scientific contribution, created by the latter as the equivalent of the scientific 
personnel of at least half of the research body financed by public resources and which appeared in a 
collection that has appeared at least twice a year every year, shall have the right, even if he has granted 
the publisher or publisher a right to use a work, to make the contribution  publicly available after the 
expiry of twelve months from the date of first publication in the accepted manuscript version, unless this 
serves no commercial purpose. The source of first publication must be indicated. An agreement which 
differs to the detr iment of the author is ineffective.  
VA. Paragraph  
Fair remuneration in exploitation agreements with authors  
Principle of reasonable and fair remuneration  
§ 37 (b).  (1) copyright protects the author in his/her intellectual and personal relationship with the  
work and in the use of the work. At the same time, it serves to ensure adequate remuneration for the use 
of the work.  
(2) The author who has granted the other the exclusive right to use the work in one or all of the forms of 
exploitation reserved under Se ctions 14 to 18a, or who has authorised such use, shall receive reasonable 
and fair remuneration for that purpose. This does not preclude the agreement on lump -sum allowances, 
insofar as account is taken of the economic value of the rights concerned, the a uthor’s contribution to the 
work or the connection of several works, and the market conditions customary in the sector. Unless the 
author has already otherwise owned his rights, this provision does not prevent him from allowing him to 
use the work free of charge in respect of individual or all forms of exploitation reserved under § § 14 to 
18a. 
(3) Remuneration is appropriate if, at the time of the conclusion of the contract, it corresponds to what has 
to be done in trade in a regular and honest manner, tak ing account of all the circumstances.  
(4) If, at the time the contract is concluded, the remuneration corresponds to a remuneration rule in a 
collective agreement, it is considered appropriate for that professional group. This also applies to 
remuneration based on a remuneration rule agreed upon by representative associations of authors and 
creators. Rules in collective agreements apply to different rules, in particular those agreed by 
representative associations of authors and creators. An association is r epresentative if its field of action 
covers the entire territory of the Republic of Austria  and the number of members of the association 
includes the vast majority of the members of the relevant professional group. Agreements on 
remuneration rules may only  be concluded if the representative capacity of an association has been 
definitively established by the collective management authority (Section 83 of the German Civil Code 
2016). Articles 101 and 102 TFEU and Section 1 of the Antitrust Act 2005, breaches I No 61/2005, 
remain unaffected.  
(5) The collective management authority (Section 83 of the German Copyright Act 2016) must determine 
the representation pursuant to paragraph 4 at the request of the collective management organisations and 
provided that the  conditions are met. In any case, it must be explained in the application for which 
professional group the applicant intends to conclude agreements pursuant to paragraph 4. The General 
Administrative Procedure Act 1991, bread No 51/1991, is to be applied t o the proceedings. The relevant 
professional groups must be consulted before being granted representative status. Representative may be 
denied at any time for a soft reason; such a reason is, in particular, the case where the number of members 
represented is no longer sufficiently representative or the association does not sufficiently fulfil its 
obligations or breached its obligations in terms of size. Deciding on complaints against decisions of the 
collective management authority ( § 83 of the 2016 Rules o f Procedure).   
 
 
 (6) In the absence of agreement on common remuneration rules, any of the Parties may request contract 
assistance to the Conciliation Committee (Section 82 of the Rules of Procedure 2016). The Conciliation 
Committee may submit proposals to the  Parties.  
Contract adjustment mechanism  
§ 37c. (1) the author shall be entitled to additional, reasonable and fair remuneration than the person 
to whom he has granted a permit to use a work or a right to use a work if the compensation originally 
agreed is clearly disproportionately low compared to all later relevant revenue resulting from the 
exploitation of the work. If the authorisation to use the work or the right to use the work is transferred, the 
purchaser is directly liable to the author in accordanc e with the preceding sentence. There is no liability 
on the part of the seller.  
(2) The author is not entitled under subsection 1, insofar as the remuneration was determined in 
accordance with a remuneration rule pursuant to Section 37b (4) or a collective  agreement and this 
expressly provides for further reasonable remuneration in the case of paragraph 1.  
(3) Section 34 of the Rules of Procedure of 2016 remains unaffected.  
Right to information  
§ 37 (d).  (1) anyone who uses a work in return for payment on t he basis of a permit to use a work or 
a right to use a work as a contractual partner of the author must provide the author once a year with 
current, relevant and comprehensive information relating to the exploitation of his work, in particular 
about the na ture of the exploitation, the revenue achieved and the accrued debt. The information may also 
be provided by digital provision.  
(2) This obligation shall not apply if:  
1. the author has made only a subordinate contribution to a work, product or service; a 
contribution is of secondary importance in particular if it does not determine the overall 
impression of a work or the quality of a product or service, for example because it does not 
belong to the typical content of a work, a product or service, unless th e author substantiates that 
he needs the information for exercising his claim under § 37c; or  
2. the use of the contracting partner for other reasons is disproportionate.  
(3) If the administrative burden is disproportionately high in relation to the revenu e generated by the 
exploitation of the work, the entitlement is limited to the types and scope of the information that can 
reasonably be expected to be provided in such cases.  
(4) Where the contractual partner of the author has transferred rights of use or  has granted other uses of a 
work, the author may also request information from those third parties who exercise these rights of use, 
insofar as the contractual partner of the author does not have all the necessary information to provide the 
author with in formation. To that end, the author ’s contractual partner must disclose to him the identity of 
the third party . 
(5) The author and his/her contractual partner may agree that the author shall keep the transmitted 
information confidential, provided that this does not prevent the author from using the information for the 
exercise of his/her rights under this Act.  
(6) Section 41 of the German verwGesG 2016 applies to collective management organisations.  
Mediation by the Conciliation Committee  
§ 37 (e) In dispute s between authors, their contracting parties or third parties regarding the claims 
under Sections 37c and 37d, the Conciliation Committee (Section 82 of the Rules of Procedure 2016) may 
be called upon as an intermediary. The parties to the dispute may also  be represented by representative 
associations (Section 37b (4)).  
Unmannable  
§ 37 (f).  (1) the claims under § 37c and § 37d and the mediation pursuant to § 37e or any other form 
of alternative dispute resolution cannot be surrendered in advance. These prov isions are mandatory if 
Austrian law is applicable to the contract of exploitation in the absence of an agreement between the 
parties. The claims under § 37c and § 37d and the brokerage under § 37c and § d shall replace the 
applicable law chosen by the par ties if the law chosen by the parties is not the law of another Member 
State of the European Union or of another Contracting State of the Agreement on the European Economic 
Area and all other elements of the facts which are the subject of the contract are in such a state at the time 
of the agreement.   
 
 
 (2) The claim regarding the claim under § 37c is not subject to the levy of execution; an injunction 
regarding the claim is ineffective.  
Exclusion of computer programs  
§ 37 G.  Articles 24a, 31a, 37b to 37f do not apply to authors of computer programs within the 
meaning of § 40a. 
VI. Paragraph  
Special provisions for commercially produced film works.  
Rights to the film work  
§ 38. (1) anyone who commits to play in the production o f a film therefore grants the film producer, 
in case of doubt, the exclusive right to use the film work as well as translations and other film adaptations 
or redesign of the film work to all types of exploitation if it acquires a copyright in the film work . Where 
the author of the film has granted this right of use to a third party in advance, he nevertheless always 
retains the authority to restrict or grant this right to the film producer without restriction. Copyright in the 
works used to produce the film  work, such as Roman, screenplay and film music, remains unaffected. 
This paragraph applies accordingly to the rights for the film exploitation of the light imaging materials 
resulting from the production of a film work. The film producer and the author of  the film each have half 
the statutory remuneration rights of the film author, provided that they are not indispensable.  
(1a) the film manufacturer authorised under subsection 1 or a person entitled to use a work, in return for 
payment, allows the use of a  film to simultaneously, complete and unchanged, with the aid of cables, the 
author shall be entitled to a share of that remuneration; this proportion is one third, unless the film 
producer has agreed otherwise with the author. If the film producer or the person entitled to use the work 
also allows use as proprietor of other exclusive rights, and is agreed for this purpose, the author is entitled 
to the claim under this provision only on the part of the fee that does not consist of the granting of the 
right  to use the work in the film work. The author can directly assert the claim under this provision 
against the person who is liable to pay the fee if he proves to the latter that the claim has been recognised 
by the film producer or the person entitled to us e the work or established against it by the courts. The 
author’s claim under this provision can only be asserted by CMOs.  
(2) Without prejudice to the provisions of § 39 (3), amendments to the film work, its title and the 
designation of the film manufactur er may only be made without the consent of the film manufacturer, 
provided that they are permissible under the provision of § 21, paragraph 1, which is applicable to the 
film producer accordingly.  
(3) Up to proof to the contrary, a film producer is conside red to be a film producer who, as such, is 
designated on the copies of a film work in the customary manner by indicating its true name, company 
name or a ceiling or company sign which he is aware of. The same applies to those which, in the case of a 
public  performance or in the case of a radio programme of the film work, are referred to as film 
producers, unless the presumption laid down in the previous sentence suggests that film producers are 
different.  
Author.  
§ 39. (1) anyone who has participated in the  creation of a film work produced commercially in such 
a way that the overall design of the work has the characteristic of a peculiar intellectual creation may 
require the manufacturer to be named on the film and in announcements of the film work as its au thor. 
(2) The copyright designation (paragraph 1) is to be cited in the announcements of public performances 
and of radio broadcasts of the film work.  
(3) A change in the film work, its title and the title of a film, which is permissible under § 21 only wi th 
the consent of the author, requires the consent of the author referred to in the copyright designation, 
without prejudice to the provisions of § 38 (2).  
(4) In order to exploit adaptations and translations of the film work, in addition to the consent of  the film 
manufacturer, the consent of the authors named in the copyright designation is also required. Unless 
agreed otherwise by these authors with the film producer, this consent is not required for translations and 
adaptations, including the completion  of the unfinished film work, which, according to the customs and 
practices applicable in the bona fide public, is necessary for normal exploitation of the film work and 
does not adversely affect the intellectual interests of the authors in the work.  
(Note : Paragraph 5 annulled by ction No 151/1996)   
 
 
 Rights of exploitation and rights of use.  
§ 40. (1) the exploitation rights held by the film producer are inherited and alienated and can be 
drawn into enforcement without restriction. If they are transferred to  another, the buyer may also be 
granted the right to designate himself as the producer of the film work. In this case, the purchaser is still 
deemed to be a film producer and also enjoys the protection which is to be paid to him pursuant to § 38 
(2). 
(2) I f no other agreement has been made with the manufacturer, rights to use a work in respect of 
commercially produced films may be transferred to another without his consent.  
(3) The provisions of Sections 29 and 31a do not apply to approval of use of a work or to rights of use of 
works made on a commercial basis.  
Via. Paragraph  
Specific rules for computer programs  
Computer programs.  
§ 40a. (1) computer programs are works within the meaning of this Act if they are the result of their 
author’s own intellectual creation.  
(2) In this law, the expression ‘computer program ’ covers all forms of expression, including the machine 
code, and the material for developing the computer program.  
Contractor  
§ 40 (b).  If a computer program is created by a contractor in the perf ormance of his or her duties, the 
employer is entitled to an unlimited right of use of the work if he has agreed otherwise with the author. In 
such cases, the employer is also entitled to exercise the rights referred to in § 20 and § 21 (1); the author ’s 
right to claim authorship pursuant to § 19 remains unaffected.  
Rights of use  
§ 40c. If no other agreement has been made with the author, rights to use a work in computer 
programs may be transferred to another without his consent. The provisions of § 29 do not apply to rights 
of use of a computer program.  
Free use  
§ 40 (d).  (1) Section 42 does not apply to computer programs.  
(2) Computer programs may be copied and processed to the extent necessary for their intended use by the 
party entitled to use th em; this also includes adapting to the needs of the latter.  
(3) The person authorised to use a computer program may  
1. Produce copies for back -up purposes (back -up copies), to the extent necessary for the use of 
the computer program;  
2. monitor, examine or  test the functioning of the programme to determine the ideas and 
principles underlying a program element when they do so through acts of loading, displays, 
switching, transmitting or storing the program to which it is entitled.  
(4) The rights under paragr aphs 2 and 3 cannot be validly surrendered; this does not rule out agreements 
regarding the extent of intended use within the meaning of para. 2.  
Decalcification  
§ 40 (e) (1) the code of a computer program may be reproduced and its code translated provided  that 
the following conditions are fulfilled:  
1. The actions are essential in order to obtain the necessary information to achieve 
interoperability between an independently created computer program and other programs;  
2. the acts are carried out by a perso n authorised to use the copy of a computer program or, in the 
name of that person, by an authorised person;  
3. the information necessary for achieving interoperability is not yet easily accessible for the 
persons referred to in point 1; and  
4. the acts are  limited to those parts of the programme which are necessary to achieve 
interoperability.  
(2) The information obtained in accordance with subsection 1 may not   
 
 
  1. to be used for goals other than to achieve the interoperability of the independently created 
computer program;  
2. to be given to others, except when necessary for the interoperability of the independently 
created computer program;  
3. for developing, reproducing or distributing a program with substantially similar forms of 
expression or for other a cts infringing copyright.  
(3) The right of deception (para. 1) cannot be effectively waived.  
VIb. Paragraph  
Special provisions for database works  
Databases and database materials  
§ 40 (f).  (1) databases within the meaning of this Act are collections of wor ks, data or other 
independent elements which are systematically or methodically arranged and individually accessible by 
electronic means or by other means. A computer program used to create or operate an electronically 
accessible database is not part of th e database.  
(2) Databases are protected as collectors ( § 6) if, as a result of the selection or arrangement of the 
material, they are a unique intellectual creation (database works).  
(3) Sections 40b and 40c apply accordingly to database works.  
Restitutio in integrum  
§ 40 G.  The author has the exclusive right to reproduce a database work publicly.  
Free use  
§ 40 (h).  (1) Section 42 (1), (3) and (4) does not apply to database works. However, any natural 
person from a database work, whose elements are not individually accessible by electronic means, may 
produce individual copies for private use and not for direct or ind irect commercial purposes.  
(2) Section 42 (2) applies to database works, provided that reproduction is also permissible on paper or a 
similar carrier.  
(3) The person authorised to use a database work or part thereof may perform the acts of exploitation tha t 
are otherwise reserved to the author, provided that they are necessary for access to the content of the 
database or part thereof or for its use in accordance with its intended purpose. This right cannot be validly 
surrendered; this does not rule out agre ements on the extent of the intended use.  
VII. Section.  
Limitations on rights of exploitation.  
1. Free use of the work.  
Free use of works in the interest of the administration and administration  
§ 41. The use of a work for public security purposes or to en sure the proper conduct of 
administrative, Parliament or judicial proceedings is not precluded by copyright.  
Fleeting and accompanying reproductions  
§ 41a. Reproduction is allowed on a temporary basis;  
1. when it is curious or accompanied; and  
 2. where it  is an integral and essential part of a technical process; and  
3. where their sole purpose is to transfer in a network between third parties through an 
intermediary or a lawful use; and  
4. when it has no independent economic significance.  
Reproduction for personal and private use  
§ 42. § 42 (1) any person may make individual copies of a work on paper or a similar medium for 
their own use.  
(2) Any person may make single copies, on media other than those mentioned in paragraph 1, of a work 
for personal use or  for research purposes in so far as it is justified by the non -commercial objective 
pursued.   
 
 
 (3) Any person may make single copies of works which have been published in press reporting for 
personal use, provided that a similar use is involved.  
(4) Any natu ral person may make single copies of a work on media other than those mentioned in 
subparagraph 1 for private use and for purposes which are not directly or indirectly commercial.  
(5) Subject to paragraphs 6 and 7, there is no reproduction for personal or private use if it is made for the 
purpose of making the work available to the public by means of the copy or if it is used for an obviously 
unlawful or publicly available submission. Copies made for private or personal use may not be used to 
make the work available to the public.  
(6) Schools, universities and other educational establishments may produce and distribute copies for the 
purpose of teaching or teaching to the extent justified thereby, to the extent necessary for a particular 
class of school or e ducational event (reproduction for own school purposes); this also applies to musical 
notes. However, for reasons other than those referred to in paragraph 1, this is only admissible in order to 
pursue non -commercial purposes. The authorisation to reproduc e one’s own school use does not apply to 
works intended in terms of their quality and designation for school or educational purposes.  
(7) Publicly accessible libraries or museums, archives or institutions active in the field of film or audio 
heritage insti tutions (cultural heritage institutions) may be able to reproduce or reproduce works that are 
permanently in their collections, irrespective of their format or medium, for the purpose of their 
preservation (reproduction for their own use of cultural herita ge institutions), if and to the extent that 
reproduction is necessary for that purpose. This use cannot be debited from the contract. Furthermore, 
facilities that collect works, produce or have copies made to the public for incorporation into their own 
archives (reproduction for own use of collections), if and to the extent that reproduction is necessary for 
this purpose, may be made. However, on those other than those referred to in subsection 1, this is only 
admissible if they do not serve any direct or i ndirect economic or commercial purpose. Under this 
restriction, they may also:  
1. make a reproduction from one ’s own workpieces and impart this instead of the copied 
workpiece under the same conditions as that exhibited (Section 16 (2)) ( § 16a) and use it 
pursuant to § 56b);  
2. produce and display individual copies of published but unpublished or out -of-commerce works 
(§ 16 (2)), provide them in accordance with § 16a and use them pursuant to § 56b, as long as the 
work has not appeared or expired.  
(8) Withou t prejudice to Article 6, the following copies shall, however, be permissible only with the 
consent of the entitled person:  
1. reproduction of entire b ooks, magazines or music scores. this applies even if reproduction of 
the book, periodical or music button itself is not used as a reproduction of the book, periodical or 
music button itself, but a reproduction of the book, journal or music node produced i n what way; 
however, in these cases too reproduction by pressing, reproduction of unpublished or outlet 
works and reproduction under the conditions of paragraph 7 is permissible;  
2. the execution of a work of building art following a plan or design or the retroconstruction of 
such a work.  
§ 42a. (1) individual copies may also be produced on order free of charge for their own use of 
another. However, such reproduction is also permissible in return for payment.  
1. where reproduction is carried out by means of  reprographic or similar processes;  
2. where a work of literature or music is copied by writing;  
3. in the case of reproduction pursuant to Section 42 (3).  
(2) Facilities made available to the public, which collect workpieces, may produce copies on any med ium 
for their own school use or for their own or private use, for research purposes, free of charge or for a fee 
that does not exceed the costs.  
§ 42 (b).  (1) if a work has been made available to the public by radio, or recorded on a storage 
medium produce d for commercial purposes, it is to be expected, by its very nature, that it will be 
reproduced for personal or private use by placing it on a storage medium pursuant to § 42 (2) to (7), the 
author shall be entitled to adequate remuneration (storage media)  if storage media of all kinds capable of 
making such copies available commercially in Austria . 
(2) Where it is to be expected, by its very nature, that it will be copied for personal use by means of 
reprographic or similar procedures, the author is entitl ed to adequate remuneration (reprography 
remuneration),   
 
 
 1. where a device which, by its very nature, is intended to carry out such reproductions 
(duplicating apparatus) is marketed commercially on a domestic basis (equipment fee), and  
 2. where a reproduct ion device is operated in schools, colleges, vocational training 
establishments or other training and further training, research institutions, public libraries or in 
facilities that hold duplicators in return for payment (operating fee).  
(2a) the claims un der paragraphs 1 and 2 shall cease to exist if, under the circumstances, it may be 
expected that the reproduction will cause only minor harm to authors as a result of reproduction for 
personal or private use.  
(3) The following persons shall be required to pay equitable remuneration:  
1. the storage media and equipment remuneration are those who market the storage media or the 
duplicating apparatus as the first commercially available from a place located in or abroad; 
anyone who market the storage media or th e reproduction device commercially but does not hold 
it as the first one is liable like a brush and payor; however, the liability for the storage media is 
excluded from the liability for the storage media with a not more than 10.000 hours of games or 
is a small enterprise within the meaning of ure 1994; if the defendant does not have a general 
jurisdiction in Austria , the courts in whose Sprengel is the first city of Vienna are competent;  
2. the operator allowance of the operators of the duplicating device.  
(4) When calculating the remuneration, particular consideration must be given to the following 
circumstances:  
1. the comparable rates of charges, previously applicable, and the total amount of remuneration, 
with disproportionate changes being avoided;  
2. at comparable rates and amounts of fees in Member States of the European Union or 
contracting parties to the EEA;  
3. the damage caused to the author by the reproduction, its impact on normal exploitation of 
works and on the legitimate interests of the auth or; 
4. taking into account the economic development of the sector concerned, including sales of 
equipment and storage media, on the benefit of the person making copies;  
5. the extent to which the storage media and devices are used on average for reproducti ons for 
personal or private use and on the overall measurement of such uses, taking into account the 
impact of the application of technical protection measures on the use of the works in question for 
reproductions subject to remuneration;  
6. the properties  of the storage media and devices that are relevant to use, in particular the 
performance of devices and the storage capacity and multiple description of storage media;  
7. to the economic interests of manufacturers, traders and importers of equipment and s torage 
media, which should not be unreasonably affected;  
8. to a commercially reasonable relationship between the remuneration and the typical price level 
of the devices or storage media, with the equipment fee not exceeding 11  % of this price level for 
equipment; if it is proven, on the basis of empirical evidence, that an almost exclusive use of a 
device and a storage medium pursuant to paragraphs 1 or 2 is proven, this limit may be exceeded;  
9. in the case of the operator remuneration, the nature and ext ent of use of the duplicating device, 
which is likely according to the circumstances, in particular the nature of the plant, the location 
of the device and the normal use.  
(5) Claims for remuneration pursuant to paragraphs 1 and 2 may only be asserted by C MOs.  
(6) The collective management organisation has to reimburse payments paid by the collective 
management organisation  
1. to those who carry out storage media or a duplicating device before being sold to the final 
consumer abroad;  
2. the final consume r who acquired storage media at a price that includes the remuneration paid 
but not used or allowed to use it for reproductions for personal or private use.  
The facts forming the basis of the claim for reimbursement must be substantiated.  
(7) There is no c laim for remuneration under subsection 1 if the person liable for payment makes it 
plausible that the storage media are not used either by him or by third parties for reproductions for 
personal or private use.   
 
 
 (8) The collective management organisation has , on its website, offered a simple, comprehensible way for 
the average user to claim restitutio in integrum and to release from the obligation of payment, which 
enables effective assertion and does not entail excessive difficulties.  
(9) In invoices for the  sale or other marketing of the storage media and devices referred to in paragraphs 1 
and 2, reference is to be made to the remuneration incurred in respect of the storage medium or the 
device.  
Reporting of current events  
§ 42c. For reporting on daily even ts, works that are publicly perceptible in processes reported may 
be reproduced, distributed, broadcast, made available to the public and used for public lectures, 
presentations and presentations, to a extent justified by the purpose of the information.  
Disabled persons  
§ 42 (d).  (1) visually or ready -to-read people within the meaning of this provision are people who 
are 
1. are blind,  
2. suffer from an incomparable visual injury, a disorders of perception or a reading injury, on the 
basis of which they are not able to read printed matter in an essentially identical manner to a 
person without such detriment, or  
3. due to physical comfort, it is not possible to keep or have a book or to focus on or move its 
eyes to the extent that it would normally be necessar y for reading it.  
(2) Authorised sights and reading facilities are organisations that provide education, training and adaptive 
reading or access to information on a charitable basis, on the basis of state recognition, authorisation or 
financial support to people with vision or reading performance, as well as public institutions or charitable 
organisations that offer these services as one of their core activities, institutional tasks or as part of their 
public interest tasks.  
(3) A reproduction in an accessi ble format is a reproduction of a work,  
1. that enables a person with impaired mobility to access the work, including access as easily and 
comfortable as a person without eyesight or reading skills, and  
2. in which the copied work was previously published in the form of a book, newspaper, 
periodical, magazine or other document, a notation including sheet music, and related 
illustrations in any form of media, including audio format such as audio books, and in digital 
form or otherwise lawfully made available  to the public.  
(4) Visually or ready -to-read people and persons acting on their behalf may make a reproduction in an 
accessible format for the sole use by the visually or ready -disabled person if the latter has lawful access to 
the work.  
(5) Authorised si ghts and reading facilities may be used  
1. produce a copy in an accessible format if it has legal access to the work, and  
2. a reproduction in an accessible format for people with visual or reading insignia and other 
authorised entities for visual and read ing suspensions that have their domicile or domicile in 
Austria  or in another Member State of the EU or a contracting party of the EEA, distribute in a 
charitable manner, broadcast radio, make available to the public, reproduce to the public and 
make use o f public lectures, presentations and presentations.  
(6) Authorised bodies for sights and readers carrying out cross -border acts pursuant to subsection 5 point 
2 shall establish and follow procedures which ensure that:  
1. people who enjoy their services are  people with visual or reading conditions, and only those 
people or other authorised people are made available for visual and reading reproductions of 
works;  
2. unauthorised reproduction, distribution, broadcast, making available to the public, 
communicati on to the public pursuant to § 40 (g) and use of lectures, presentations and 
presentations is counteracted by appropriate steps;  
3. take due care and keep records of the manipulations and copies in an accessible format; and  
4. Information on how they compl y with the obligations under paragraphs 1 to 3, where 
appropriate published and kept up to date on their website or via other online or offline channels.  
(7) Authorised entities for sights and reading within the meaning of subsection 6 have people who are 
visually or stripped of reading and who are entitled to sights and reading handiments domiciled or based  
 
 
 in Austria , in another Member State of the EU or state of the EEA, and rights holders, upon request, have 
access to information about the  
1. the list of works for which they have copies in an accessible format;  
2. the formats they have for these works; and  
3. the names and contact details of the authorised bodies for sights and reading, with which they 
exchange copies in an accessible format  across markets;  
be granted in accessible form.  
(8) The author is entitled to financial compensation for the reproduction, distribution, broadcast, making 
available to the public, pursuant to § 40 g, and use of lectures, presentations and presentations by a 
authorised body for sights and reading loads based in Austria . When determining the level of 
compensation, account must be taken of the particular circumstances of the individual case and of the fact 
that the activities of authorised bodies for vision an d reading do not have any commercial purpose as well 
as the objectives pursued by this provision in the general interest, the interests of people with visual or 
reading insignia, any damage to authors and the need to ensure the cross -border dissemination o f copies 
in accessible formats. This claim can only be asserted by CMOs.  
(9) The free use of the work pursuant to paragraphs 4 and 5 cannot be offset by contract.  
(10) for people with other handicapped persons who similarly difficulties access to works, an d to the use 
by or for the benefit of people with visual and reading curtains of works other than those referred to in 
subsection 3 point 2, paragraphs 2, 3 point 1 and subsection 4 to 9 shall apply by analogy to certain states 
without the limitations prov ided for in subsection 5 point 2.  
Non-essential embellishment  
§ 42 (e) Works may be reproduced, distributed, broadcast by radio, made available to the public and 
used for public lectures, performances and presentations where they are used only by chance or  
incidentally and without reference to the actual object of the exploitation act.  
Quotations, caricatures, parodiums and pastiches  
§ 42 (f).  (1) a published work may be copied, distributed, broadcast, transmitted by radio, made 
available to the public and used for public lectures, performances and presentations, provided that the 
extent of use is justified by the specific purpose. The foregoing is permissible in particular where:  
1. individual works are incorporated once they appear in the main scientific w ork; a work of the 
kind referred to in Section 2 (3) or a work of the visual arts may be taken only for the purpose of 
explaining the content;  
2. published works of art in the case of a scientific or instructional presentation of the main object 
to the pub lic presented to the public merely to explain the contents and the copies required for 
that purpose;  
3. individual posts in a published language work in an independent new work;  
4. individual bodies of published musical works are listed in literary work;  
5. individual places of an edited work are listed in an independent new work.  
(2) Moreover, a published work may be broadcast or made available to the public for the purposes of 
caricature, parody or pastiche via a large online platform ( § 18c) and for thos e purposes.  
(3) For the purposes of this provision, a work shall be considered equivalent to a work which has been 
made available to the public, with the consent of the author, in such a way that it is accessible to the 
public.  
Digital usage for teaching a nd teaching  
§ 42 G.  (1) schools, universities and other educational establishments may, in order to illustrate 
teaching or teaching, in particular to support, convey or supplement published works in the context of 
digital use, send radio, use and make avai lable to the public for a public communication within the 
meaning of § 18 (3), and reproduce a database work publicly ( § 40 g) if:  
1. this takes place under the responsibility of the educational establishment in its premises or in 
other places; or  
2. takes  place in a secure electronic environment,  
or only the students, students and teaching staff of the educational establishment, and insofar as this is 
justified for non -commercial purposes.  
(2) In the case of works which are intended to be used for school or teaching purposes and are intended to 
be used for school or educational purposes and whose first performance took place either in Austria  or in  
 
 
 German or in a language of a public group recognised in Austria, the use of minor extracts of the work 
may no t exceed, as a rule, small extracts of the work from as a rule up to ten per cent of the work. 
Individual works of the visual arts and representations of the type or other works referred to in Section 2 
(3) or other works of small scale and out -of-commerce  works may be fully used. However, minor extracts 
of such works or works and representations may not be used, provided that licences for uses can be 
obtained under reasonable conditions. A author or a person entitled to use a work who wishes to exclude 
use of a work must make available general conditions for the use of his or her works via the internet and 
ensure that he can react quickly to requests for use authorisations.  
(3) The act of exploitation pursuant to subsection 1 point 2 takes place in the Memb er State of the 
European Union or a party to the Agreement on the European Economic Area in which the educational 
establishment is based.  
(4) The author is entitled to appropriate remuneration for use pursuant to subsection 1. Such a claim can 
only be made  by CMOs.  
(5) The free use of the work pursuant to subsection 1 cannot be debited by contract.  
Knowledge of text and data  
§ 42 (h).  (1) anyone may reproduce a work for a research organisation (para. 3) or for a cultural 
heritage institution ( § 42 (7)) in order to automate texts and data in digital form for scientific or artistic 
research and to obtain information about, inter alia, patterns, trends and correlations if they have lawful 
access to the work. Individual researchers are also entitled to such a reproduction insofar as this is 
justified for the prosecution of non -commercial purposes.  
(2) Reproduction pursuant to subsection 1 may be stored and kept subject to appropriate security 
conditions, as long as this is justified by the research purpose, including for checking scientific 
knowledge. In any case, security rehabilitation, the use of which has been recognised as a good practice 
by representative organisations of rights holders, on the one hand, and research institutions or cultural 
heritage in stitutions, on the other hand, is appropriate. Such a reproduction may also be made available to 
a specific circle of persons for their joint scientific research or individual third parties for the purpose of 
verifying the quality of scientific research, p rovided that this is justified in order to pursue 
non-commercial purposes.  
(3) A research organisation within the meaning of this provision is an entity that:  
1. the primary aim of which is scientific or artistic research or the teaching of research; and  
2. which is not capitalised in their activity, reinvest or profit in their scientific or artistic research, 
and is active in the public interest within the framework of a recognised mandate; and  
3. in the case of a company that does not have a decisive infl uence on the establishment, prefer 
access to the results of scientific research.  
(4) Paragraphs 1 to 3 shall also be applied if reproduction takes place within the framework of a 
public -private partnership, in which, in addition to the research organisatio n or cultural heritage 
establishment, a company that is geared to profit or another third party is involved.  
(5) The free use of the work pursuant to paragraphs 1 to 4 cannot be debited by contract. However, this 
does not preclude the application of measur es designed to guarantee the security and integrity of the 
networks and databases in which the works or other subject matter are stored, provided that those 
limitations do not go beyond what is necessary to achieve this objective. Such limitations are cons idered 
appropriate if they have been recognised as a good practice by representative associations of rights 
holders, on the one hand, and research institutions or cultural heritage institutions, on the other.  
(6) Anyone may reproduce a work for their own u se in order to automated text and data in digital form 
and obtain information about, inter alia, patterns, trends and correlations if they have lawful access to the 
work. However, this is not the case where reproduction is expressly prohibited and this pro hibition is 
adequately identified by a reference to use, for example in the case of works made available to the public 
via the Internet using machine -readable means. Reproduction after this paragraph may be kept as long as 
it is necessary for the purpose o f collecting and obtaining information.  
Free use of works in literature.  
§ 43. (1) speeches held at a meeting in charge of public relations or in proceedings before courts or 
other authorities, as well as public political speeches held for information purp oses, may be reproduced, 
disseminated, publicly presented, broadcast and made available to the public for information purposes.  
(2) If a mention of this kind has been recorded on a sound recording medium, it may only be distributed 
with the consent of the author.   
 
 
 (3) Reproduction, distribution and making available to the public of the speakers referred to in paragraph 
1 in the collections of such works shall be reserved for the author.  
§ 44. (1) individual inscriptions on economic, political or religious da y surveys contained in a 
newspaper or periodical may be reproduced and distributed in other newspapers and magazines. 
However, this does not apply where reproduction is expressly prohibited. The reservation of rights in the 
attachment or copy of the newspa per or periodical is sufficient for such a prohibition.  
(2) Inscriptions contained in a newspaper or periodical, the reproduction of which is permissible under 
subsection 1, may also be submitted to the public, broadcast by radio and made available to the public.  
(3) Simple reports showing simple communications (mixed news, daily news) do not enjoy copyright 
protection. Such press reports apply § 79. 
§ 45. (1) individual language works or works of the type designated in Section 2 (3) may be 
reproduced, dist ributed and made available to the public in order to pursue non commercial purposes.  
1. in a collection that contains works of several authors and is intended, in terms of their nature 
and designation, for use in cherries, school or teaching; a work of the  type referred to in Section 2 
(3) may be received only for the purpose of explaining the content;  
2. in a work which, according to its quality and designation, is intended for school use, it is 
merely to explain the content.  
(2) Linguistic works may also be used to trace non -commercial purposes after their appearance, to a 
extent justified by the purpose, for radio broadcasts, the use of which has been declared admissible by the 
teaching authority for school purposes and which are described as school broad casting.  
(3) The author is entitled to appropriate remuneration for the reproduction, distribution and making 
available to the public pursuant to paragraph 1 and for the radio broadcasts referred to in subsection 2. 
Such claims can only be asserted by CMOs . 
§ 47. (1) small parts of a linguistic work or linguistic works of a small extent may, after their 
appearance as the text of a work of sound created for the purpose of tying it, reproduce, distribute, present 
public, be broadcast by radio and made availab le to the public.  
(2) However, the author of the written language work is entitled to a reasonable proportion of the 
remuneration obtained exclusively by the person authorised for the public performance or radio 
programme of the sound art work for the gran ting of public performances or radio broadcasts of this work 
in connection with the spoken language work.  
(3) Paragraph 1 shall not apply to the reproduction and dissemination of language works on sound 
recording media and to the making available to the pu blic by means of a recording carrier.  
(4) Paragraph 1 shall also not apply to language works which, after their genus, are intended for tanning, 
such as texts relating to orbums, operas, operts and singles, or to language works which appear as text of 
a mu sical art work with a reservation which excludes the application of paragraph 1.  
§ 48. Small parts of a linguistic work and of a small number of spoken works may also be 
reproduced and distributed separately from the works of sound art once they appear:  
1. use of the receivers who have a direct personal reproduction of the associated works in the 
place of performance, with an allusion to that provision;  
2. programmes in which the broadcasting of the related works is announced;  
3. inscriptions on sound car riers or in enclosures therefor; sound carriers may not, in breach of an 
exclusive right to reproduce, produce or distribute the work established thereon, which must be 
described as such.  
§ 50. (1) the public submission of a published language work is admi ssible if the listenants pay 
neither an entry fee nor any other fee and the submission does not serve any commercial purpose or if its 
yield is intended exclusively for charitable purposes.  
(2) However, this provision shall not apply if the participants re ceive a fee; nor does it apply if the 
submission is made with the aid of a recording carrier which has been produced or distributed by 
infringing an exclusive right to reproduce, distribute, distribute, distribute, reproduce, distribute or 
distribute the e stablished language work.  
Free use of works of musical art.  
§ 51. (1) in order to pursue non -commercial purposes, individual works of music may be reproduced, 
distributed and made available to the public after their appearance in the form of emergency nota tions to 
an extent justified by the purpose, intended for school use.   
 
 
 1. when they are included in a collection intended for singing, combining works of several 
authors,  
2. if they are only included for explaining the content.  
(2) The author is entitled to  appropriate remuneration for the reproduction, distribution and making 
available to the public pursuant to paragraph 1. Such claims can only be asserted by CMOs.  
§ 53. (1) the public performance of a printed work of musical art is admissible:  
1. where the  performance is carried out with three horns, musical boxes or other sound recording 
media of the type referred to in § 15 (3), which cannot be influenced in such a way that the work 
can therefore be reproduced in the manner of a personal performance;  
2. where the work is listed on a civil or civil holiday, or on a military occasion, and the annuities 
are admitted without remuneration;  
3. if the receivers do not pay an entry fee or other remuneration and the performance is not for 
any purpose of making a pu rchase or if their income is intended exclusively for charitable 
purposes;  
4. where the performance is organised by a musical captor or a chor, which does not consist of 
professional musicians, the stock of which serves to care for popular brewing, issued by the 
competent regional government, and whose members do not want to take part in purchasing and 
where this performance — at least to a large extent — has become free for brewing music, or 
music or adaptations that have become vacant as a result of the e xpiry of the period of protection; 
however, the performance in communities with more than 2500 inhabitants may not take place in 
a commercial enterprise, in communities up to 2500 inhabitants, only if other suitable rooms are 
not available and the turning profit does not flow to the commercial enterprise.  
(2) Paragraph 1 (1) to (3) shall not apply if the performance is carried out with the aid of a recording 
carrier which was produced or distributed by infringing an exclusive right to reproduce, produce or 
distribute the work it contains; furthermore, the provisions of subsection 1 point 3 shall not apply if the 
participants receive a fee.  
(3) Paragraph 1 shall not apply to musical performances of an opera or any other work of sound art 
associated with a wor k of literature or to the performance of a work of sound art in connection with a film 
work or any other cinematographic product.  
Free use of works of art.  
§ 54. (1) it is admissible:  
1. To reproduce, distribute, distribute and make available to the public  works of art that are 
permanently part of a public collection in the directories published by the owner of the collection 
for its visitors; any other commercial use is excluded;  
2. to reproduce, distribute and make available to the public, where necessary  in order to promote 
the event, published works of art after work that is intended to be auctioned or otherwise offered 
for sale to the public; however, such advertising brochures may be distributed or made available 
to the public by the publisher only fre e of charge or at a price which does not exceed the 
production costs; any other commercial use is excluded;  
3. in order to pursue non -commercial purposes, individual printed works of art in one of their 
quality and description intended for school or teachi ng purposes merely to explain the content or 
in such a school book for the purposes of developing youth ’s art and making it available to the 
public;  
(Note: Enz3a and 4 annulled by fts I No 99/2015)  
5. Works of construction after a construction or other wor k of the visual arts by work, made to be 
located permanently in a public place, to reproduce, distribute, present through optical facilities, 
to broadcast and make available to the public by radio; other than the reconstruction of works of 
art, reproductio n of a work of art or graphic arts for permanent attachment to an organ of the 
aforesaid type, as well as the reproduction of plastic works by plastic.  
(2) The author is entitled to appropriate remuneration for the reproduction, distribution and making 
available to the public pursuant to subsection 1 point 3. These claims can only be asserted by CMOs.  
§ 55. (1) of an image created on order by a person, if no other agreement is made, the tiger and his 
heirs as well as the depicted and after his or her death may produce the individual light images with him 
or her in a straight line and have his or her survival partner or partner produced or produced by another 
person, even for remuneration.   
 
 
 (2) However, paragraph 1 shall apply to images produced in a printing process, in a photographic or in a 
manner similar to photography, only if the persons referred to in paragraph 1 cannot obtain work at all 
from the proprietor or only with relatively great difficulties.  
(3) Copies whose production is permissible under paragraphs 1 and 2 may be distributed free of charge.  
Use of image or sound recording carriers and radio broadcasts in certain business establishments.  
§ 56. (1) in business enterprises involving the product ion, distribution or repair of image or sound 
carriers or devices for their production or use, lectures, presentations and presentations of works on image 
or sound carriers and use may be used for public lectures, presentations and presentations of the wor ks 
fixed thereon, as long as it is necessary to check customers using image or sound carriers or devices with 
a view to their production or brewing.  
(2) The same applies to the use of radio programmes for public reproduction of a work by loudspeakers or 
other technical facilities in business premises, which relate to the production, distribution or repair of 
radio equipment.  
(3) Paragraph 1 shall not apply where an image or sound carrier is used in breach of an exclusive right to 
reproduce, produce or distr ibute the work recorded thereon.  
Leasing of image or sound carriers to certain federal institutions  
§ 56a. (1) image or sound carriers on which a published work is retained may be distributed through 
the provision of scientific institutions under public la w which have as their purpose the collection, 
preservation and development of audiovisual media and do not pursue any commercial purposes. For the 
purpose of release, reproduction of the image or sound carrier may also be made.  
(2) Paragraph 1 shall not ap ply to image or sound carriers which have been produced, produced or 
distributed in breach of an exclusive right to reproduce, reproduce, produce or distribute the work 
recorded thereon.  
Use of image or sound carriers in libraries  
§ 56 (b).  (1) facilities accessible to the public (library, image or sound recording collection and the 
like) may use image or sound carriers for public lectures, performances and presentations of the works 
fixed thereon for each use of more than two visitors to the establishment,  unless this is done for 
commercial purposes. In such cases, the copyright -holder shall be entitled to appropriate remuneration. 
Such claims can only be asserted by CMOs.  
(2) Paragraph 1 shall not apply when an image or sound medium is used which has been produced or 
distributed in violation of an exclusive right governing the reproduction or distribution of the work stored 
on the medium in question.  
Communication to the public in education  
§ 56c. (1) schools and universities may, for the purposes of teachi ng or teaching, to the extent 
justified thereby, reproduce works of the film art and the associated works of music publicly.  
(2) The copyright -holder shall be entitled to appropriate compensation for the public presentation under 
paragraph 1. Such claims c an only be asserted by CMOs.  
(3) Paragraphs 1 and 2 shall not apply:  
1. to film works which are intended for use in schools or for educational purposes by virtue of 
their subject matter and designations;  
2. where an image or sound recording carrier is used  which has been produced or distributed by 
infringing an exclusive right to reproduce, reproduce, distribute, distribute or distribute the work 
found thereon.  
Public representation in accommodation establishments  
§ 56 (d).  (1) accommodation companies may h old works of film art publicly for the guests they hold, 
if 
 1. at least two years have passed since the first performance of the film work either in Austria  or 
in a language of a group of people recognised in Austria,  
2. the demonstration is carried out w ith the help of a video or audio carrier produced for 
commercial purposes, the distribution of which is permissible pursuant to Section 16 (3); and  
3. the viewers are allowed without payment.  
(2) The copyright -holder shall be entitled to appropriate compen sation for the public presentation under 
paragraph 1. Such claims can only be asserted by CMOs.   
 
 
 Orphan works  
§ 56 (e) (1) publicly accessible facilities which collect workpieces may make and make available to 
the public works for which no person authorised  to permit reproduction and making available to the 
public is known (orphan works), produce reproductions of one ’s own work and make them available to 
the public,  
1. if this serves to fulfil its tasks in the public interest, in particular for the preservat ion, 
restoration and provision of cultural and educational policy access to its work, free of charge or 
compensation for the costs of digitising and making available; and  
2. if the work has been included in the collection of an authorised establishment, an d either:  
a) has been published in the form of books, specialist journals, newspapers, periodicals or in 
other written format, also including works and other protected subject -matter embedded or 
incorporated in such written works, or  
b) is recorded on a sound carrier or in running images, and  
3. in a Member State of the European Union (EU) or a Contracting State of the European 
Economic Area (EEA), if the work:  
a) has appeared ( § 9), or  
b) in the event that it did not appear there, if it was first broadcast in that country with the 
approval of the legally competent person, or  
c) in the event that it neither appeared in that country nor was it broadcast there, if it was made 
accessible to the public by the establishment with the approval  of the legally competent person 
and it can be assumed that the rightholder would not oppose the work being reproduced and 
made accessible to the public,  
4. to the extent and for the period that  
a) following careful searches in Austria, it was not possible  to identify or locate any person 
authorised to permit reproduction and making available, and the results of this search were 
documented and forwarded to the collective management authority; or  
b) in another EU Member State or EEA State, the result of the diligent search within the 
meaning of Directive 2012/28/EC is recorded in the database established by the Office for 
Harmonisation in the Internal Market.  
(2) Public -service broadcasting companies may reproduce a work stored in sound media or moving 
images  under the provisions set out in paragraph 1 (1), (3) and (4) and make such reproductions available 
to the public if the work was produced at the request of their company or another public -service 
broadcasting company before 1 January 2003 and has been sto red in the archives of one of those 
public -service broadcasting companies.  
(3) In order to determine whether a work is orphan, the authorised institutions must carefully look for the 
person authorised to authorise the reproduction and making available of t he work before using it. In this 
process, they must consult appropriate sources in good faith. The minimum number of appropriate 
sources are those referred to in the Annex to Directive 2012/28/EU. The Federal Minister for Justice may 
lay down the sources t o be consulted in this search for individual categories of works by means of 
regulations.  
(4) The search is to be carried out in Austria if the work appeared in Austria or was first broadcast. In the 
case of cinematographic works, the search is to be carri ed out in Austria if its manufacturer has its 
principal place of business or its usual place of business in Austria. For works that did not appear in 
Austria and were not broadcast there, the search must be carried out in Austria if the establishment that 
made the work publicly accessible with the approval of the rightholder is situated in Austria. If there is 
evidence of relevant information on rightholders in other countries, the available information sources in 
those other countries must also be consulte d. 
(5) The search pursuant to (4) must be documented in a report. The report must be retained for the 
duration of use and for a period of seven years thereafter. The following information must be forwarded 
to the supervisory authority for collecting societ ies: 
1. the exact titles of works to be regarded as orphan works on the basis of search results;  
2. the way in which these works are used by the entity;  
3. the fact that a person can subsequently be identified or located that is entitled to permit 
reproduc tion and making available;  
 4. the relevant contact information of the organisation concerned.   
 
 
 The collective management authority shall without delay forward this information to the Office for 
Harmonisation in the Internal Market for publication in the on line database maintained by it.  
(6) Once an institution becomes aware of the identity and location of a person authorised to permit 
reproduction and provision, it must immediately stop any further use of the orphan work without his or 
her consent. The inst itution must pay adequate compensation for prior use at the request of the 
beneficiary. In calculating the level of compensation, it must be assumed that the work has been used in 
the EU Member State or EEA State where the establishment using the work is s ituated. The claim for 
compensation lasts ten years from the use of the work.  
Unavailable works  
§ 56 (f).  (1) a cultural heritage institution (Section 42 (7)) may reproduce, transmit or make available 
to the public an unavailable work from its stock in ord er to make it available on a non -commercial 
website if those rights are not perceived by a collective management organisation pursuant to § 25a of the 
Rules of Procedure of 2016, ared l. I No 27/2016, and  
1. the work is permanently in the body collection,  
2. Information relating to the purpose of identifying the work and an indication of the right to 
oppose referred to in paragraph 3 above via the portal of unavailable works established by the 
European Union Intellectual Property Office for six months, repr oductions being permitted to 
take place before expiry of the time limit; and  
3. an author or a person entitled to use a work does not oppose the use of his work.  
(2) Use pursuant to paragraph 1 shall take place only in the Member State of the European Unio n or a 
party to the Agreement on the European Economic Area in which the cultural heritage establishment is 
based.  
(3) The author or the person entitled to use a work may at any time oppose the use of his work as 
unavailable in general or, in certain cases , in a declaration to the cultural heritage establishment. Cultural 
heritage institutions must cease use within a reasonable period of receipt of this declaration.  
(4) A work is deemed not available if it is not available to the public in one of several versions, such as 
the following editions of literary works or different cut film versions, nor in any of its various forms of 
publication, such as a digital or printe d version. The availability of adaptations and translations, including 
audiovisual literary works, does not preclude the assessment of a work as not available.  
(5) A work may be deemed not to be available if, in good faith and with reasonable effort, it ca n be 
assumed that it is not available to the public through the usual distribution channels.  
(6) A number of works may be deemed not to be available if, at the reasonable discretion, it can be 
assumed that all the works of the series are not available. How ever, such a series may not be used as 
unavailable if it is mainly composed of:  
1. Works first appearing or broadcast in a third country outside the European Union and the 
Agreement on the European Economic Area;  
2. Cinematographic or other audiovisual wor ks whose producers have their principal place of 
business or their principal place of business in such a third country; or  
3. Works of third country nationals for which no Member State or third country can be 
determined in accordance with Z1 and 2;  
exists.  
(7) A cultural heritage institution that intends to use a work as unavailable shall communicate information 
relating to the identification of the work, the right to oppose the author and the right to use the work 
referred to in paragraph 3 and, as soon as  and where relevant, through the use to the European Union 
Intellectual Property Office for the purposes of inclusion in the Office ’s online portal in good time before 
its intended use. If it is to be expected that the authors concerned will be better reac hed by other 
reasonable information measures, the institution is also required to take such measures.  
(8) The author is entitled to adequate remuneration for reproduction, broadcast and making available to 
the public pursuant to subsection 1. Such a claim can only be made by CMOs.  
Protecting intellectual interests for free use of works.  
§ 57. (1) the admissibility of withdrawals, additions and other alterations to the work itself, the title 
of that work or the title of the copyright must also be assessed in  the case of free use of works pursuant to 
§ 21. Under no circumstances may the meaning and nature of the work used be ended.   
 
 
 (2) If a work is reproduced in whole or in part on the basis of Sections 42f, 45, 47, 48 or 51 or Section 54 
(1) (1) to (3) to, th e source must always be clearly indicated. In the indication of source, the title and the 
title of the work used must be cited in accordance with Section 21 (1). In the case of admissible use of 
individual parts of language works in school books pursuant t o § 45, the title of the work used must only 
be indicated if this is not designated by the author ’s name or top name. Where places or parts of language 
works are reproduced in accordance with Section 42f (1) (1) or (3), they shall be designated in the 
indication of source so precisely that they can be easily found in the work used. If, in the case of a 
reproduction permissible under § 42f (1) (1) or (3), the language work used is taken from a collection, this 
must also be indicated; in doing so, the indicat ion of the title of the work may be replaced by a reference 
to the source of the collection in question.  
(3) In the cases referred to in § 44 (1) and (2), in addition to the name or top name of the author of the 
article cited in the source used, the newspa per or periodical from which the inscription is taken shall also 
clearly indicate it if another newspaper or periodical is indicated as a source. If the newspaper or 
periodical is not given, its publisher or, if not mentioned, its publisher is entitled to the same claims as an 
author in the event of an unlawful omission of the name of the author.  
(3a) in addition, the source, including the author ’s name, must be indicated in the following cases, unless 
this turns out to be impossible:  
 1. when works are rep roduced in whole or in part on the basis of § 42c, unless they are only 
spontaneously included in the reporting;  
2. when works are reproduced in whole or in part on the basis of Section 42f (1) (2), § 43 or § 
56a; 
3. where places of a work are reproduced o n sound recording carriers or in running images 
pursuant to § 42 (f);  
3a. when a work is reproduced in whole or in part on the basis of § 42 g; 
4. when a work is reproduced pursuant to § 56e or § 56f. 
(4) Whether and to what extent free uses of works other  than those referred to in paragraphs 2, 3 and 3a 
can be disregarded must be assessed in accordance with the habits and customs in the bona fide trade.  
Publisher involvement in statutory remuneration claims  
§ 57a. Where an author has granted a right to a w ork to a publisher, the publisher shall be reasonably 
involved in the statutory remuneration claim in relation to that right, unless the parties excluded the 
involvement of the publisher in the remuneration when granting the right. The author ’s claim can o nly be 
exercised by a collective management organisation that jointly perceives the rights of authors and 
publishers.  
2. Obligation to authorise sound recording media.  
§ 58. (1) where the authorised party has authorised another person to reproduce and dist ribute a work 
of music on sound recording media, as soon as the work has appeared, any producer of sound recording 
media may require the beneficiary to also be granted the same use of the work for reasonable 
remuneration; this applies where the manufacture r has its domicile or principal place of business abroad, 
notwithstanding the existence of state contracts, only provided that producers having their domicile or 
principal place of business in that country are treated in an almost identical manner, but in any event in 
the same way as the producers having their domicile or principal place of business in that State. This 
balance is to be assumed if it has been established by the Federal Ministry of Justice in relation to the 
legal position which exists in the  country concerned. Furthermore, the competent authorities may enter 
into a contractual agreement with another state if this appears necessary in order to safeguard the interests 
of Austrian manufacturers of sound recording media. The authorisation to use the work applies only to the 
reproduction and dissemination of the work on sound recording media in Austria  and to export to states in 
which the author is not protected against the reproduction and dissemination of the work on sound 
recording media.  
(2) Pa ragraph 1 shall apply mutatis mutandis to the language works associated with a musical work as 
text where the authorised person has authorised another to reproduce and distribute the language work in 
this connection to sound recording discs.  
(3) If the def endant does not have any general jurisdiction in Austria , the courts in whose Sprengel is the 
first city of Vienna shall be responsible for actions for the granting of an authorisation pursuant to 
paragraphs 1 or 2.   
 
 
 (4) In applying the provisions of paragr aphs 1 and 2, the means intended for simultaneous repeated 
reproduction of works for the face and hearing (image and sound carriers) will be disregarded.  
3. Use of radio programmes.  
§ 59. Radio broadcasts of  language works and music production may be used for public lectures and 
performances of the broadcast works with the aid of loudspeakers if the organiser of such a public 
reproduction has received the authorisation from the competent collective management  organisation 
(Section 3 (1) of the German Copyright Act 2016). The CMO must distribute the remuneration for such 
licences in the same way as the fee received from a national radio contractor for the authorisation to 
transmit language works or musical work s of sound by radio.  
§ 59a. (1) the right to use radio broadcasts of works intended for public reception, including those 
via satellite, for simultaneous, complete and unchanged broadcasting, can only be invoked by CMOs, 
irrespective of how the programmed signals for broadcast are transmitted. In respect of the right of 
distribution via an internet access service within the meaning of Article 2 (2) of Regulation (EU) 
2015/2120 of 25 November 2015 concerning measures to access the open internet and to amend Directive 
2002/22/EC through universal service and user rights in electronic communications networks and services 
as well as Regulation (EU) No  531/2012 via Roaming on public mobile telephone networks in the Union, 
p. 1, this only applies if the relaxation  is made exclusively to contractually authorised users and is 
appropriately secured against unauthorised use by encryption or other means of guaranteeing net -based 
content. This paragraph shall not apply to the right to sue infringements of copyright law b y the courts.  
(2) Radio broadcasts may be used for broadcasting within the meaning of paragraph 1 if the broadcasting 
company has received the authorisation from the competent collective management organisation (Section 
3 (1) of the Rules of Procedure of 2 016). In relation to this authorisation, the authors who did not 
conclude a recognition agreement with the collective management organisation and whose rights are not 
exercised on the basis of a mutual agreement with a foreign collective management organis ation also have 
the same rights and obligations as the reference rightsholders of the CMO.  
(3) However, paragraphs 1 and 2 do not apply if the broadcasting right within the meaning of subsection 1 
is entitled to the broadcasting company whose transmission is then broadcast. Moreover, they do not 
apply to rights to a work that is broadcast exclusively on the internet.  
§ 59 (b).  (1) if a contract for approval of the distribution channel has not been concluded within the 
meaning of § 59a, any of the parties ma y request assistance from the Conciliation Committee (Section 82 
of the Rules of Procedure of 2016). The Conciliation Committee may submit proposals to the Parties. 
Such a proposal will be deemed to have been accepted by the parties if neither of the Parti es raises an 
objection within three months.  
(2) Where a contract for the granting of a broadcast by cable or microwave systems is not concluded 
merely because the authorised radio contractor (section 59a (3)) did not engage in negotiations thereon in 
good faith or prevented or prevented them from acting without due reason, the extensive broadcasting 
company has a right to grant the authorisation under reasonable conditions. Negotiations on authorisation 
for other forms of distribution are to be conducted in  good faith by the authorised and extended 
broadcasting company once such negotiations have been initiated.  
(3) Where the authorised radio contractor (Section 59a (3)) only refuses the authorisation because no 
agreement can be reached on the calculation of  the fee, the authorisation shall be deemed to have been 
granted if the broadcast radio contractor paid the non -disputed part of the fee to the authorised 
broadcasting contractor and has provided security in the amount of the disputed part of the fee by me ans 
of the judicial deposit or payment of a bank guarantee. The copyright ssenat may reasonably reduce the 
amount of the security at the request of the broadcasting contractor. Such a request is subject to the 
application by analogy of Section 273 of the A ustrian Code of Civil Procedure ( ‘RGBl’). No 113/1895, 
without taking a decision on formal evidence as quickly as possible.  
4. School books and examination tasks  
§ 59c. (1) the uses of works referred to in § 45 (1) and (2), Section 51 (1) and § 54 (1) (3) are also 
admissible for the purposes of pursuing commercial purposes if the user has acquired the necessary rights 
from the competent collective management organisation, section 1 of the collective management 
company 2006. In relation to this authorisation , the authors who did not conclude a recognition agreement 
with the collective management organisation and whose rights are not exercised on the basis of a mutual 
agreement with a foreign collective management organisation also have the same rights and obl igations as 
the reference rightsholders of the CMO.   
 
 
 (2) Paragraph 1 shall apply mutatis mutandis if, after their appearance, works are reproduced, copied, 
distributed or made available to the public, to an extent justified by the purpose, in examination ta sks 
relating to the examination of the work to be tested in schools, universities or other educational 
establishments. Section 42 (6) remains unaffected.  
VIII. Section.  
Duration  of the copyright.  
Works of literature, music and art.  
§ 60. (1) the copyright to works of literature, music and art ends forty years after the death of the 
author (Section 10 (1)). In the case of a work created jointly by several authors ( § 11), the copyright ends 
forty years after the death of the last living co -owner (Section 10 ( 1)). 
(2) Where a musical work is associated with a language work (music composition with text) and both 
works were created specifically for this connection, the copyright for both works ends seven years after 
the death of the last living author or co -owner  of the musical work or of the linguistic work.  
§ 61. (1) the copyright in anonymous and pseudonym works ends forty years after its creation. 
However, if the work is published before the expiry of this time limit, copyright ends forty years after 
publicati on. 
(2) If the identity of the author is disclosed within the period referred to in subsection 1 or if the 
pseudonym assumed by the author is disclosed, the protection period is to be assessed in accordance with 
§ 60. 
(3) He or she is entitled to disclose the identity of the author himself or by a person to whom the 
copyright has passed after his death.  
Cinematographic works  
§ 62. The copyright for films ends forty years after the death of the following people, namely the 
main registrar and the author of th e screenplay, the diaries and the musical art especially created for the 
film work.  
Delivery units  
§ 63. In the case of works published in several bars, parts, deliveries, numbers or episodes, where the 
publication constitutes the fact relevant for the beg inning of the period of protection, the protection period 
shall be calculated from the publication of each component.  
Calculation of the periods for protection.  
§ 64. When calculating the periods for protection (Sections 60 to 63), the calendar year in whi ch the 
fact relevant for the beginning of the period occurred is not to be taken into account.  
Rights that extend the period of protection.  
§ 65. The creator of a work may assert the rights granted to him under Sections 19 and 21, paragraph 
3, of his life,  even though the period of protection has already expired.  
II. Main item.  
Related rights.  
I. Section.  
Protection of representations  
Performing artists  
§ 66. The per former within the meaning of this Federal Act is the person who submits, lists, offers a 
work in another way or acts in an artistic manner in such a way, irrespective of whether or not the work 
offered enjoys copyright protection under the copyright law of  this Federal Act.  
Protection of intellectual interests  
§ 67. (1) the performer has the right to be recognised as such in relation to his performance. In doing 
so, they may determine whether and by which name it is named.   
 
 
 (2) A performance must not be used  in any way that makes it available to the public or reproduced for the 
purpose of distribution, if it is represented by such variations or in such faults that may adversely affect 
the artistic reputation of the performer.  
(3) The rights referred to in par agraphs 1 and 2 shall in no way end before the death of the performer. 
After his death, they shall be assigned until the termination of the rights of exploitation to the persons to 
whom the exploitation rights have been transferred. Where several performer s have jointly provided a 
performance, the death of the last of the performers concerned is decisive.  
(4) Paragraphs 1 to 3 shall apply to those persons who are involved only in a chor or orchestra or in a 
similar way, provided that the name of the choice or orchestra must be indicated instead of the name of 
the proprietor; Section 70 shall apply mutatis mutandis.  
Considered for the following intended purpose  
Section 37d and, insofar as it refers to it, Section 68 (4), as amended by the Federal Act beans I No 
244/2021, enters into force on 7 June 2022 (cf. Section 116 (16)).  
Exploitation rights  
§ 68. (1) with the restrictions specified by this Federal Act, the performer has the exclusive right,  
1. record its performance on a video or sound carrier, reproduce  and distribute it and make it 
available to the public;  
2. broadcast by radio, except where the broadcast is made with the aid of an image or sound 
carrier which was produced and distributed with its consent;  
3. its performance by loudspeakers or by anothe r technical device outside the place (theatre, 
room, garden, etc.) where it takes place, unless the representation is made with the aid of an 
image or sound carrier produced and distributed with his consent or with the aid of an admissible 
broadcast.  
(2) Image or sound carriers produced or distributed without the consent of the performer may not be used 
for a radio broadcast or public reproduction of the performance.  
(3) Without prejudice to Section 67 (3), the rights of exploitation of the performers lose forty years after 
performance, if, however, a recording of performance appears or is reproduced publicly before the expiry 
of that period (Sections 17, 18 and 18a), five years after the appearance or public reproduction, depending 
on which event first took  place. If, before the expiry of the same time limit, a recording of performance 
on a sound recording carrier or if it is publicly reproduced on a sound recording carrier, the exploitation 
rights do not expire forty years after the publication or public re production, depending on which event 
first took place. The time limits are to be calculated in accordance with § 64. 
(4) § § 11, 12, 13, § 15 (1), § 16 (1) and (3), § 16a, 18a, 18b, 18c, 23, 24, 24a, 24b, 24c, § 25 (1), (2), § 3 
(5), § 26 (27), § 28, § 1, 29a, 31, 31b, 32c, 33d, 37e, 37f, 37a and 37b apply mutatis mutandis; however, 
the period of five years referred to in § 31 (2) shall be replaced by one year.  
Rights to musical performances for a film work  
§ 69. (1) the exploitation rights of performers wh o have been aware of the performances made for 
the purpose of producing a film work or other cinematographic product for the purpose of producing a 
film work or other cinematographic products shall be owned by the owner of the enterprise (film producer 
or producer). The performers and the film producer or producer are always entitled to half the statutory 
remuneration, provided that they are not indispensable.  
(2) Articles 24c and 31a do not apply to performances for a film work.  
Presentation of multiple pe rformers in a number of artists together  
§ 70. (1) in the case of offers which — such as the performance of a game of show or a chor or 
orchor or orchestra work — arise through the interaction of several people under a unified management, 
the rights of tho se persons who merely participate in a chor or orchestra or in a similar way may be 
perceived only by a common representative.  
(2) If representation is not already regulated by law or by regulations of association, collective or special 
contract, the commo n representative shall be elected by the attendees referred to in paragraph 1 by simple 
majority without taking into account any votes.   
 
 
 (3) In the absence of a common representative, the District Court of Vienna must appoint a common 
representat ive in the proceedings other than litigation. Anyone who has a substantiated interest in 
exploiting the exploitation of the performance is entitled to file the application.  
Free use  
§ 71. (1) any natural person may hold and produce individual copies of a p erformance by radio and 
made available to the public, as well as the reproduction of a performance with the aid of an image or 
sound recording carrier, provided this takes place for private use and neither for direct or indirect 
commercial purposes. Sectio n 42 (2) and (3) and 5 to 7, § 42a and Section 42b (1) and (3) to (9) shall 
apply mutatis mutandis.  
(2) In order to report on daily events, a performance that is publicly perceptible in procedures reported 
shall be recorded, transmitted by radio, and made available to the public to a degree justified by the 
informative purpose; such image or sound carriers may be copied and distributed to this extent. In such 
cases, the source must be indicated unless this turns out to be impossible or the submissions and 
performance have only been included incidentally in the report.  
(3) The use of individual performances for scientific or educational purposes to a extent justified by the 
non-commercial purpose is permissible. In such cases, the source must be indicated unl ess this turns out 
to be impossible. The same applies to the use of performances for the purpose of quotation.  
(4) Performances may be recorded by the organiser on a video or sound carrier and represented with the 
aid of such an image or sound carrier or a ny other technical device within the building in which the event 
takes place, in order to make the event perceptible in another room.  
(5) The provisions of Sections 66 to 70 and 72 do not apply to the submission of one of the speeches 
described in § 43 by the speaker himself.  
(6) Furthermore, Sections 41, 41a, 42d, 42e, 42  g, 42h, § 56 (1) and (3) and Sections 56a, 56e, 56f and § 
57 (3a) (3a) and (4) apply correspondingly to the existing property rights for performances.  
Protection of the organiser  
§ 72. (1) with the restrictions specified by this Federal Act, the organiser, who ordered the 
performance, has the exclusive right, in addition to the performer;  
1. to record the performance on a video or sound carrier and to make the performance available 
to the public,  
2. broadcast by radio, except where the broadcast is made with the aid of an image or sound 
carrier which was produced and distributed with its consent; and  
3. presentation by loudspeakers or by another technical device outside the place (theatre, room, 
garden, etc.) where it takes place, unless the representation is made with the aid of an image or 
sound carrier produced and distributed with his consent or with the aid of an admissible 
broadcast.  
(2) Image or sound carriers produced or distributed without the consent of the organiser may not be used 
to transmit or reproduce the performance to the public.  
(3) Whether there is an obligation on the part of the organiser of performances to participate in it and to 
allow exploitation must be assessed in accordance with the regulations and agreements governing the 
legal relationship between the parties involved and the organiser. According to this, it is also a question of 
whether an employee is entitled to a special remuneration for the organiser. In any case, the organiser, 
whose consent is intended to record a performance, must first inform the parties involved, even though 
they are obliged to take part, to inform them in good time.  
(4) The rights of exploitation of the organisers will expire forty years  after the performance, but if a 
recording of performance is published before expiry of this time limit, fifty years after publication. The 
time limits are to be calculated in accordance with § 64. 
(5) Furthermore, the provisions governing the exploitation  rights of the performer apply mutatis mutandis 
to the exploitation rights of the organiser under paragraph 1.   
 
 
 II. Paragraph  
Protection of photographic images, sound recording carriers, radio broadcasts and 
orphan works  
1. (E) photographs.  
§ 73. (1) photog raphs of light within the meaning of this Act are images produced by a photographic 
process. A process similar to photography is also to be regarded as a photographic process.  
(2) Tracks thus produced (cinematographic products) are subject to the regulatio ns applicable to light 
images, without prejudice to the copyright regulations for the protection of cinematographic works.  
Property right.  
§ 74. (1) anyone who takes a photograph (manufacturer) has the exclusive right, by means of the 
limitations laid down  by law, to reproduce, distribute, present it to the public by optical devices, to 
broadcast and make it available to the public, unless the photograph reproduces a work of the visual arts 
for which protection has expired. In the case of photographs produc ed on a commercial basis, the 
proprietor of the undertaking is considered to be the manufacturer.  
(2) The exploitation rights held by the manufacturer in accordance with paragraph 1 are inherited and 
alienated.  
(3) If the manufacturer has designated a phot ograph with his name (top name, company name), the copies 
produced by other copies intended for distribution purposes are also to be provided with a corresponding 
indication of the manufacturer. If a reproduction marked in this way reproduces the photograp h with 
significant modifications, the manufacturer ’s name must be provided with a corresponding additional 
element.  
(4) In the case of the copies bearing the name of the producer, the subject designation may also differ 
from that indicated by the manufactu rer only to the extent that it corresponds to the practice of honest 
trade.  
(5) After the manufacturer ’s death, the protection afforded to him by paragraphs 3 and 4 applies to the 
persons to whom th e exploitation rights are transferred. If the rights of exploitation are transferred to 
another person, the buyer may also be granted the right to designate himself as the manufacturer of the 
photograph. In this case, the purchaser is deemed to be the manu facturer and, if mentioned as such on the 
light pieces, also enjoys protection under the provisions of paragraphs 3 and 4.  
(6) The right to protection for photographs expires five years after the inclusion, but if the photograph is 
published before expiry of this time limit, five years after publication. The time limits are to be calculated 
in accordance with § 64. 
(7) Section 5, 7 to 9, 11 to 13, Section 14 (2), Section 15 (1), Sections 16, 16a, 17, 17a, 17b, § 18 (3), § 
18a, 18b, § 18c, § 23 (2) and (4), § 24, 24a, § 24 (b), § 25 (2) to (6), § 26 (a), § 27 (1), § 3 (4), (5), (31), § 
1 (32), § 1, § 33, § 2, § 36, However, Section 42a (1) (1) does not apply to the reproduction of 
photographs produced commercially on the basis of a submission made in a photog raphic method.  
(8) Section 38 (1) applies accordingly to the rights to film exploitation of the light images produced 
during the production of a film work.  
Special provisions for people ’s light pictures.  
§ 75. (1) a person ’s photograph recorded on order ma y, unless otherwise agreed, be produced by the 
tiger and his heirs as well as the depicted and after his death may make the individual copies with him or 
her in a straight line and his or her survival partner or partner make or can be produced by another p erson, 
including for remuneration, but in a photographic process only if they are unable to obtain copies made in 
such methods at all or only with relatively great difficulties.  
(2) Copies whose production is permissible under paragraph 1 may be distribute d free of charge.  
2. Sound carriers.  
§ 76. (1) anyone who keeps (manufacturer) acoustic processes for repeated reproduction on a sound 
carrier has the exclusive right, by means of the limitations laid down by law, to reproduce, distribute and 
make the soun d carrier available to the public. Reproduction is also understood to mean the use of a 
reproduction with the aid of a recording carrier for transmission to another. In the case of recording discs 
manufactured on a commercial basis, the proprietor of the c ompany is considered to be the manufacturer.   
 
 
 (2) Sound carriers reproduced or distributed in breach of paragraph 1 may not be used for radio 
broadcasts ( § 17) or public communication.  
(3) If a sound recording carrier produced for commercial purposes or a s ound carrier made available to 
the public is used for radio broadcasting ( § 17) or public communication, the user must pay the 
manufacturer (para. 1) adequate compensation, subject to Sections 68 (2) and 72 (2) and the previous 
paragraph 2. Performers are entitled to a share of this remuneration against the producer. In the absence of 
an agreement between the entitled parties, this proportion is half the allowance remaining by the 
manufacturer after the removal costs have been deducted. The claims of the ma nufacturer and the 
performer can only be asserted by CMOs or by a single CMO. Section 42d para. 8 applies to the claim for 
the broadcast and public reproduction in favour of people with visual or reading conditions.  
(4) For private use and for no direct or  indirect commercial purposes, any natural person may retain on a 
sound recording medium a reproduction carried out with the aid of a recording carrier and make 
individual copies thereof. Section 42 (2) and (3) and 5 to 7, § 42a, Section 42b (1) and (3) to  (9) and § 56a 
shall apply mutatis mutandis.  
(5) The right to sound recording media lapses 70 years after the recording carrier appears. If the sound 
recording carrier did not appear within 50 years after the recording but was lawfully used for public 
reproduction (Sections 17, 18 and 18a), the property right lapses 70 years after that date. If the sound 
recording carrier has neither appeared nor been lawfully used for public communication within this 
period, the property right lapses 50 years after its inc lusion. The time limits are to be calculated in 
accordance with § 64. 
(6) Articles 5, 7, 8, 9, 11, 12, 13, 14, 2, 15 (1), 16 (1), § 3 (16) and (18), § 18a, 18a, 23b, § 2c, § 4 (24) 
and (24), § § 24, 25a, 2b, § 3 (5), (26) and (27), § 1, § 3 (4), § 5 (31), § 1 (32), § 1 (33), § 2 (41), § 41 (e), 
§ 42 (42), § 42 (42), § 42 (56), (56), (56) and (57), shall apply mutatis mutandis.  
(7) If, after the expiry of five years after the beginning of the period of protection, the producer does not 
offer the sound carrie r sufficient amount for sale ( § 9) or does not make it available to the public ( § 18a), 
the person designated in § 66 (1) shall have the indispensable right to terminate the contract by means of 
which it has granted exclusive rights to the recording of its  performance. The termination takes effect if 
the manufacturer does not offer for sale to the sound carrier in sufficient quantities and makes it available 
to the public within one year from the date of receipt of the disclaimer. In the cases referred to i n § 70, the 
right to dissolution is to be exercised by the common representative. If the contract is terminated after this 
paragraph, the rights of the manufacturer to the sound recording carrier shall cease to apply.  
(8) A person designated in § 66 (1) wh o granted his exclusive rights to the manufacturer for a flat -rate fee 
shall be entitled to an additional payment to be paid annually by the manufacturer for each full year 
starting from 51. Year after the beginning of the period of protection. For the rem uneration of all the 
persons concerned, the manufacturer has to provide a total of 20  % of the revenue resulting from the 
reproduction, distribution and making available to the public of the recording carrier concerned which the 
manufacturer achieved durin g the previous year. Manufacturer, the sound carriers from 51. The year after 
the expiry of the period of protection, copy, distribute or make available to the public, on request, the 
beneficiary must provide the beneficiary with all the information that m ay be necessary to secure payment 
of the allowance. The claim can only be made by a collective management organisation.  
(9) If a person designated in Section 66 (1) has granted his exclusive rights to the manufacturer in return 
for a benefit that is depend ent on use, such a compensation may be permitted from 50. Year after the 
starting point of the period of protection, neither the reduction of prepaid payments nor other prizes 
stipulated in the contract are diminished.  
3. Radio programmes  
§ 76a. (1) anyone  who transmits sounds or images by radio or to a similar nature ( § 17, radio 
proprietor) has, with the restrictions specified by law, the exclusive right to broadcast the broadcast 
simultaneously via another transmission system and to use it to a public co mmunication within the 
meaning of Section 18 (3) in places accessible to the public in exchange for payment of an entry fee; the 
radio contractor also has the exclusive right to record the broadcast on a video or sound carrier (in 
particular also in the fo rm of a photograph), to reproduce, distribute, distribute and use it to make it 
available to the public. Reproduction is also understood to mean the use of a reproduction made with the 
aid of a video or sound carrier for transmission to another.  
(2) In con travention of paragraph 1, image or sound carriers that are reproduced or distributed may not be 
used for radio broadcasts ( § 17) or for a public reproduction.   
 
 
 (3) For private use and for no direct or indirect commercial purposes, any natural person may ho ld a radio 
programme on a video or sound carrier and make copies thereof. Section 42 (2) and (3) and 5 to 7 and § 
42a shall apply mutatis mutandis.  
(4) The right of protection to radio broadcasts lasts forty years after the broadcast. The time limit must b e 
calculated in accordance with § 64. 
(5) Articles 5, 7, 8, 9, 11, 12 and 13, Section 14 (2), Section 15 (1), Section 16 (1) and (3), Section 16a, 
18a, 18b and § 18c, Section 18 (2), Section 23 (2) and (4), § 24, 24a, § 24 (25), (2) (d), § 3 (5), (26) and 
(27), apply mutatis mutandis, Section 1 (3), (4), (5), Section 31 (1), (32), (1), (33), (2), (41) and (41).  
4. Lost works  
§ 76 (b).  Anyone who knows a non -published work for which the term of protection has expired is 
authorised to publish the exploitation  rights in the work such as an author. This right lapses forty -five 
years after publication; the time limit must be calculated in accordance with § 64. 
Gestellt. Paragraph  
Protected databases  
§ 76c. (1) a database (Section 40f (1)) enjoys protection under this section if an investment that is 
substantial in terms of nature or extent was necessary for the procurement, verification or representation 
of its contents.  
(2) A database that is substantially different in terms of its content or scope is considered to be a new 
database when the modification requires substantial investment by nature or volume; this applies even if 
this requirement is only fulfilled jointly by  several subsequent amendments.  
(3) Protection under this section is independent of whether the database as such or its content is eligible 
for copyright or other special protection.  
(4) The protection under this section does not affect any rights that exi st in the content of the database.  
Legal right  
§ 76 (d).  (1) anyone who made the investment within the meaning of § 76c (producer) has the 
exclusive right, by means of the limitations laid down by law, to reproduce, distribute, distribute, 
communicate it t o the public and make it available to the public by means of the limitations laid down by 
law. These acts of use are equivalent to the repeated and systematic reproduction, distribution, broadcast 
and public reproduction of insignificant parts of the datab ase if these actions preclude normal exploitation 
of the database or unreasonably prejudice the legitimate interests of the database manufacturer.  
(2) The distribution right of the manufacturer does not include lending (Section 16a (3)).  
(3) Reproduction o f a substantial part of a published database is acceptable  
1. for private purposes; this does not apply to a database whose individual elements are 
accessible by means of electronic means;  
2. for scientific or educational purposes, to an extent justified b y purpose, if this is done without 
any intended purpose and the source is indicated.  
(4) The right to databases lapses 15 years after the end of the database if the database is published before 
the expiry of this period, 15 years after publication. The tim e limits are to be calculated in accordance 
with § 64. 
(5) Articles 8, 9, 11 to 13, 14 (2), § 15 (1), § 16, 16a (1) and (3), Section 17, 17a, 17b, 18b, § 18c, § 23 (2) 
and (4), § § 24, 24a, 24b, 25 (2), 3 (5) and (26), § § 27, 1 (3) and (5) to 31, § 1 (32) , Section 1 (33), 
Section 2 (41), § 42, § 7, § 42, § 42, first sentence, and § 42 (56), apply mutatis mutandis.  
Contracts concerning the use of a database  
§ 76 (e) A contractual agreement which obliges the legitimate user of a published database to refrain  
from reproduce, distribution, radio or public reproduction of parts of the database that are insignificant in 
terms of their nature and extent is ineffective in so far as these acts neither prevent normal exploitation of 
the database nor unreasonably prej udice the legitimate interests of the database manufacturer.   
 
 
 IIb. Paragraph  
Protection for the producers of press publications  
§ 76 (f).  (1) anyone who, as a service provider, produces a press publication in analogue or digital 
form on its own initiative, and under his editorial responsibility and supervision, has the exclusive right to 
reproduce and make available to the public the press publication in whole or in part within the framework 
of an information society service (Section 1 (1) (2) of the German Trade Mark Protection Act 1999) for 
online use.  
(2) A press publication within the meaning of this provision is a collection of predominantly literary 
works of journalistic nature, which may also contain other works or other subject matter and which 
appear  as a single edition of a publication that appears manually or regularly updated under a uniform 
title, such as newspapers, periodicals or magazines of general or particular interest, and serves the 
purpose of informing the public about news or other subje cts. Periodicals which are published for 
scientific, artistic or academic purposes, such as scientific journals or literature magazines, are not press 
publications within the meaning of this provision.  
(3) The right of the manufacturer of a press publicati on expired two years after the publication of the 
press publication. The time limit must be calculated in accordance with § 64. 
(4) The right of the manufacturer of a press publication cannot be asserted to the detriment of an author or 
person entitled to property rights whose work or subject -matter is contained in the press publication. It is 
without prejudice to the author ’s or property right to exploit his work or subject -matter independently of 
the press publication in which they are contained. Where a  work or subject -matter is included in a press 
publication on the basis of consent to use, the right of the manufacturer of a press publication cannot be 
invoked for the purpose of prohibiting use by other authorised users. Moreover, that right cannot be 
invoked for the purpose of prohibiting the use of works or other subject -matter whose term of protection 
has expired.  
(5) The rights provided for in paragraph 1 shall not apply to the private or non -commercial use of press 
publications by individual users . Moreover, protection does not exist either for the setting up of 
hyperlinks or for the use of individual words or very short extracts, even if they are part of a set 
hyperlinks. Furthermore, the free uses of works applicable to the right of reproduction and the right to 
make available, as well as Sections 8, 9 and 11 to 13, Section 14 (2), Section 15 (1), Section 18a, Section 
18b, § 18c, § 23 (2) and (4), § 24, 26, 27 (1), 3, 4 and 5, § 31 (1), Section 57 (3a Z 3a and 4, § 74 (2) to 
(5), apply correspondi ngly.  
(6) The author must be appropriately involved in a remuneration.  
III. Section.  
Protection of letters and images.  
Letter protection.  
§ 77. (1) letters, diaries and similar confidential records shall not be publicly read or distributed in 
any other way  as a result of which they are made available to the public if it infringes the legitimate 
interests of the author or, if he or she has stopped without having authorised or ordered it, by a close 
member.  
(2) Close members within the meaning of subsection 1  are the relatives in an ascending and descending 
line and the survival child or partner. The first degree of relatives with the author and the survival partner 
or partner enjoy this protection for their lifestyle, and other members only enjoy ten years si nce the expiry 
of the author ’s year of death.  
(3) Letters may not be distributed to the type referred to in paragraph 1 even if the legitimate interests of 
the person to whom the letter is addressed would be infringed, or, if they were stopped, without hav ing 
authorised or ordered the publication by a close member. Paragraph 2 shall apply mutatis mutandis.  
(4) Paragraphs 1 to 3 shall apply regardless of whether the scripts referred to in paragraph 1 enjoy 
copy right protection under this Act or not. The application of copyright law to such scripts remains 
unaffected.  
(5) Paragraphs 1 to 3 shall not apply to documents which, although not exclusively, have been drawn up 
for official use.  
(6) The provisions of § 41 shall apply mutatis mutandis.   
 
 
 Image protection.  
§ 78. (1) images of persons shall not be publicly exhibited or distributed in any other way by means 
of which they are made available to the public, if this would infringe the legitimate interests of the per son 
depicted or, if defeated, without having authorised or ordered the publication by a close member.  
(2) The provisions of Sections 41 and 77 (2) and (4) shall apply mutatis mutandis.  
IV. Section.  
Message protection. Protection of the title of works of li terature and art.  
Message protection.  
§ 79. (1) press reports of the kind referred to in Section 44 (3), which are contained in newspaper 
correspondence or other communications used in the provision of news for newspapers or periodicals in 
return for payme nt, may only be reproduced in newspapers or magazines if, since their publication, at 
least 12 hours have passed in a newspaper or periodical authorised by the news examiner to do so.  
(2) In applying paragraph 1, the newspapers and magazines are equivalent  to all other establishments 
which provide the periodical dissemination of news to everyone. However, Section 59a shall apply 
mutatis mutandis.  
Protection of title.  
§ 80. (1) neither the title or other designation of a literary or artistic work nor the ext ernal layout of 
works for another work may be used in the course of trade in a way that is capable of causing confusion.  
(2) Paragraph 1 shall also apply to works of literature and art which do not enjoy copyright protection 
under this Act.  
III. Main item.  
Enforcement  
I. Section.  
Civil law provisions.  
Right to an injunction.  
§ 81. (1) any person who has suffered an infringement of any exclusive right conferred by this Act, 
or who fears such an infringement, may seek a prohibitory injunction. Legal proceedin gs may also be 
brought against the proprietor of a business if the infringement is committed in the course of the activities 
of his business by one of his employees or by a person acting under his control, or if there is a danger that 
such an infringement will be committed; Section 81 (1a) applies mutatis mutandis.  
(1a) if the person who has committed such an infringement or threatens to do so uses the services of an 
intermediary for that purpose, this intermediary may also be liable to an injunction in acc ordance with 
paragraph 1. However, if this intermediary fulfils the requirements for exclusion of responsibility under § 
§ 13 to 17 ECG [Austrian E -Commerce Act], legal action cannot be taken against him until a written 
warning has been issued.  
(Note: Para graph 2 was repealed by ur l I No 81/2006)  
Right to removal.  
§ 82. (1) anyone who is infringed in an exclusive right based on this law may require that the state at 
issue with the law be removed; Section 81 (1a) applies mutatis mutandis.  
(2) In particular,  the injured party may require that the copies manufactured or distributed contrary to the 
provisions of this Act and the copies intended for unlawful distribution be destroyed and that the means 
(forms, stones, sheets, film strips and the like) intended e xclusively or predominantly for unlawful 
reproduction are made unusable.  
(3) Where the infringing objects or means of infringement referred to in paragraph 2 contain parts, the 
unchanged status of which and the use thereof by the defendant do not infringe the plaintiff ’s exclusive 
right, the court shall designate those parts in the judgment giving the destruction or unusheral 
arrangement. In the case of enforcement, these parts are to be excluded from destruction or unusualness, 
provided that the debtor pay s advance payment for the associated costs. If, in the enforcement 
proceedings, it is apparent that the unusualness of resources would require disproportionately large costs,  
 
 
 and if these are not paid for in advance by the debtor, the enforcement court wil l order the destruction of 
these means of infringement after agreement of the parties.  
(4) If the state at issue in the law can be removed in a manner other than that referred to in paragraph 2, 
which is not connected with, or is related to, less value, th e injured party can only demand measures of 
this kind. Specifically, items of work cannot be destroyed simply because the source is not indicated or 
does not comply with the law.  
(5) Instead of destroying items of activity or unushering means, the injured party may request that the 
infringing items or means of infringement be left to him by its proprietor for adequate compensation that 
does not exceed the production costs.  
(6) The right to removal is directed against the owner of the objects, who are subject to the measures used 
to remove the illegal state. The claim may be made as long as such objects are present during the duration 
of the infringed right.  
Right to an injunction an d removal in the case of works of art.  
§ 83. (1) if an original of a work of the visual arts has been changed without authorisation, the author 
may only require, unless otherwise provided below, that the modification on the original be identified as 
not pr oduced by the creator of the work or that a copyright designation found thereon be removed or 
corrected.  
(2) Where the reinstatement of the original situation is possible and does not conflict with its 
predominantly public interests or predominant interest s of the proprietor, the creator of the work may, 
following his choice, request that he or she be authorised to reinstate the work in place of the measures 
referred to in paragraph 1.  
(3) In the case of works of architecture, the author cannot prevent unau thorised alteration on the basis of § 
81. Nor can they require buildings to be removed, converted or left to them in accordance with Section 82 
(5). However, depending on the circumstances of the case, one of the measures referred to in paragraph 1 
shall b e taken upon request, or a copyright denomination corresponding to the truth shall be applied to the 
retroconstruction.  
Right to an injunction and removal in the cases of Sections 79 and 80.  
§ 84. (1) in the case of § 79, rights to an injunction and remova l may be asserted not only by the 
news examiner, but also by any undertaking in competition with the perpetrator, and by associations for 
promoting commercial interests of entrepreneurs if these interests are affected by the act.  
(2) In the case of § 80, r ights to an injunction and removal may be asserted by such an association and 
any undertaking involved in bringing about parts of the work whose title, designation or equipment is 
used for another work, or present it publicly, and whose interests are adver sely affected by the act. In the 
case of copyright -protected works, the author is also always entitled to do so.  
(3) In the cases referred to in Sections 79 and 80, infringing objects are subject to the right of removal 
only if they are intended for unlawf ul distribution. In this case, there is no right of release of objects or 
means of redress ( § 82 (5)).  
Publication of the judgment.  
§ 85. (1) where an action is brought for the prohibition or removal or establishment of the existence 
or non -existence of an  exclusive right based on that law or authorship ( § 19), the court of the winning 
party must, if it has a legitimate interest in granting the judgment, on application, be entitled to publish 
the judgment at the expense of the opponent within a specified pe riod. The nature of the publication must 
be determined in the judgment.  
(2) The publication includes the right to a judgment. However, at the request of the winning party, the 
court may determine, depending on the extent or wording of the judgment, a conte nt of the publication 
that differs from the judgment or its wording. This request must be made no later than four weeks after 
the judgment has become final. If the application was only made after the conclusion of the oral 
proceedings, the Court of First I nstance must decide on this matter by order after the judgment has 
become final.  
(3) The Court of First Instance must, at the request of the winning party, fix the costs of the publication 
and order the opponent to bear its costs.  
(4) Publication on the ba sis of a final judgment or another enforceable title must be carried out by the 
media contractor without unnecessary deferment.   
 
 
 Entitled to adequate compensation.  
§ 86. (1) who is unauthorised  
1. uses a work of literature or art in a form of exploitation r eserved to the author in accordance 
with Sections 14 to 18a;  
2. uses a performance in a form of exploitation reserved to the performer pursuant to § 68; 
3. uses a performance in a form of exploitation reserved to the organiser pursuant to § 72; 
4. uses a p hotograph or sound recording carrier in a method of use reserved to the manufacturer 
pursuant to § § 74 or 76;  
5. use a radio programme in a form of exploitation reserved for the radio undertaking pursuant to 
§ 76a; 
6. uses a database of a type of use rese rved to the manufacturer pursuant to § 76d; or  
7. use a press publication in a form of exploitation reserved to the manufacturer pursuant to § 76 
(f), 
even if he has no fault, must pay adequate compensation to the injured party whose consent would have 
been obtained.  
(2) However, there is no entitlement to such a fee if a radio broadcast, a communication to the public or 
the making available to the public is only inadmissible because it was carried out using image or sound 
carriers or radio broadcasts, whic h pursuant to Section 50 (2), Section 53 (2), Section 56 (3), Section 56b 
(2), Section 56c (3) point 2, § 56d (1) point 2, § 68, 72, 74 or 76a (2) and (3) have been known to their 
radio receiver or should not be used for that purpose.  
(3) Anyone who uses a  press report in breach of Section 79 must pay the news amer adequate 
compensation, even if there is no fault.  
A claim for damages and the surrender of the profit.  
§ 87. (1) anyone who suffered damage to another as a result of a breach of this  law must also 
reimburse the injured party for the loss of profit without regard to the degree of fault.  
(2) In such a case, the injured party may also demand adequate compensation for the disadvantages that 
do not exist in any damage to property which he has suffered as a result of the act.  
(3) The injured party whose consent would have been obtained may demand double the remuneration due 
to him under § 86 as a compensation for the damage of property that he or she has suffered due cause 
(subsection 1), if  no higher damage is proven.  
(4) If a work of literature or art is reproduced or distributed without authorisation, the injured party whose 
consent would have been obtained may also require the surrender of the profit which the party causing the 
damage has  achieved through the culpable infringement. The same applies if a performance is contrary to 
Section 68 (1) or a broadcast broadcast in breach of Section 76a on a video or sound carrier or if a 
photograph is contrary to Section 74 or a sound carrier is re produced or distributed in breach of Section 
76. Finally, the same applies if the right to make available ( § 18a) is infringed.  
(5) In addition to adequate compensation (Section 86) or the surrender of the profit (paragraph 4), 
compensation for the damage to property can only be demanded if it exceeds the compensation or the 
profit to be paid.  
Entitlement to billing.  
§ 87a. (1) any person who is obliged, under this law, to make reasonable remuneration or reasonable 
remuneration, a reasonable proportion of s uch remuneration, to pay compensation, to dispel the profit or 
to eliminate the profit, shall take account of the person entitled to reimbursement and have its accuracy 
verified by an expert. If the amount is higher than the invoice, the costs of the exami nation must be borne 
by the person responsible for the payment. Anyone who is under an obligation to account must also 
provide the person entitled to claim information about all the circumstances necessary for prosecution.  
(2) Anyone liable as a brush and payer pursuant to Section 42b (3) (1) shall also indicate to the party who 
acquired the carrier material or the copying device, unless he pays compensation.  
(3) Paragraphs 1 and 2 also apply mutatis mutandis to those who are excluded from liability pursuan t to 
Section 42b (3) (1).  
Right to information  
§ 87 (b).  (1) anyone who distributes workpieces in Austria , where the distribution right has lapsed by 
means of in trade in a Member State of the European Community or in a state party to the European  
 
 
 Economic  Area (Section 16 (3)), must give the beneficiary, upon request, correct and complete 
information about the manufacturer, content, country of origin and quantity of the items of work 
distributed. At the time of expiry, the right to receive information is g ranted to whom the right to 
distribute the workpieces domestically is granted.  
(2) Anyone who has been infringed in an exclusive right based on this law may demand information on 
the origin and distribution channels of the infringing goods and services, un less this would be 
disproportionate in comparison with the serious nature of the infringement and would not be contrary to 
legal obligations of confidentiality; the infringer and the persons who are professionally required to 
provide the information are ob liged to provide the information.  
 1. in possession of infringing goods,  
2. using the infringing services, or  
3. providing services used in infringing activities shall be obligated to provide information.  
(2a) the obligation to provide information referred  to in paragraph 2 shall, where appropriate, include:  
1. the names and addresses of the producers, distributors, suppliers and the other previous holders 
of the goods or services as well as the intended wholesalers and retailers,  
2. the quantities produced , delivered, received or ordered, as well as the price obtained for the 
goods or services in question.  
(3) Intermediaries within the meaning of Paragraph 81 (1a) shall give the person whose rights have been 
infringed information as to the identity of the i nfringer (name and address) or the information necessary 
to identify the infringer, following an application in writing by the person whose rights have been 
infringed, such application to include sufficient reasons. The reasons given must include in partic ular 
sufficiently precise details as to the facts which give rise to a suspicion that there has been an 
infringement of rights. The injured party must reimburse the intermediary for the reasonable costs of 
providing information.  
(4) Representatives of the art market who were involved in a subsequent sale within the meaning of 
Section 16b (2) must, on request, give the beneficiary correctly and in full all the information which may 
be necessary to secure payment from that sale. The right shall lapse if the i nformation is not demanded 
within a period of three years after the resale.  
(5) Providers of large online platforms within the meaning of § 18c must provide right holders, upon 
request, with adequate information about contractually allowed uses and how the  measures they have 
taken to avoid unauthorised use function. They must also inform their users in their terms and conditions 
that these works and other subject matter can be used under exceptions and limitations to copyright and 
related rights established  by Union law.  
Interim injunctions  
§ 87c. (1) in relation to claims for a prohibitory injunction, removal, adequate compensation, 
damages and divulgation of the profits under this law, interim injunctions may be issued both to secure 
the claim itself and t o secure evidence.  
(2) Interim injunctions may be issued in order to secure any claim for adequate compensation, damages 
and divaging of profits if it is likely that the satisfaction of these claims will be threatened in the event of 
infringements of right s committed on a commercial basis.  
(3) Interim injunctions may be issued in order to protect rights to cease and desist, even if the 
requirements set out in Section 381 of the Enforcement Code are not met.  
(4) Interim injunctions pursuant to subsection 1 s hall be issued at the request of the adversely affected 
party without hearing the opposing party, if the adversely affected party would probably have caused 
damage which would not be good or if there is a risk that evidence will be destroyed as a result of  a delay.  
Liability of the proprietor of an undertaking.  
§ 88. (1) if the violation in the operation of an undertaking which gives rise to a claim for adequate 
compensation (Section 86) is committed by an employee or agent, the obligation to pay the fee is imposed 
on the proprietor of the undertaking.  
(2) If, in the course of operation of an undertaking, an agent or agent has acted in breach of that law, 
notwithstanding any obligation to make compensation by those persons, the proprietor of the undertaking 
is liable for compensation for the damage caused thereby ( § 87, paragraphs 1 to 3) if he was aware or 
could have been aware of the infringement. In such a case, it is also obliged to surrender the profit 
pursuant to § 87 (4).   
 
 
 Liability of several obliged parties.  
§ 89. To the extent that the same claim for adequate c ompensation (Section 86), compensation ( § 87, 
paragraphs 1 to 3) or the release of the profit (Section 87 (4)) is justified against several persons, they 
shall be jointly and severally liable.  
‘Claim damages against the provider of a large online platform  
§ 89a. (1) a provider of a large online platform has obtained the authorisation of the author and the 
persons entitled to performance protection for uses within the meaning of § 18c. If it transmits or makes 
available a work or other subject matter without  authorisation in a manner described in § 18c, it shall be 
liable to an injured party as a result of fault, unless it proves that, having regard to the principle of 
disproportionate  
1. has made every effort to obtain authorisation (second sentence of Secti on 18c),  
2. according to high industry standards of professional care, all efforts have been made to ensure 
that certain works and other subject matter on which the rights holders have provided relevant 
and necessary information is not available to them; a nd 
3. after receiving a sufficiently reasoned information from a right holder, acted immediately to 
prevent access to works or other subject -matter, or to remove the works or other subject -matter 
from its websites, and has made every effort to prevent su ch works or other subject matter from 
being uploaded in accordance with point 2.  
(2) When assessing comparability, the nature, the public and the scope of the services, the nature of the 
works or other subject matter uploaded by the users of the services, the availability of suitable and 
effective means, the costs incurred by the provider of those services for that purpose, and the user ’s 
demands ( § 89b) must be taken into account.  
(3) Service providers whose services have been available to the public in a Member State of the European 
Union or in a contracting party to the Agreement on the European Economic Area for less than three 
years and whose annual turnover, calculated in accordance with Commission recommendation (20) of 6 
May 2003 concerning the defin ition of micro businesses and small and medium -sized enterprises, does 
not exceed EUR 124 million, OJ L, 20.05.2003, p.  36, have to make every effort to obtain authorisation 
and to act without delay after receiving a sufficiently reasoned indication from r ights holders in order to 
access their works and other objects. If, based on the previous calendar year, the average monthly number 
of different visitors to the websites of such service providers exceed the threshold of 5 million users, they 
must also prov ide evidence that, having regard to the principle of disproportionate, they have made all 
efforts to prevent the future uploading of the submitted works and other subject matter on which the 
rightsholder has provided relevant and necessary information.  
(4) Section 16 E -commerce law does not apply to a consignment or making available pursuant to § 18c. 
Furthermore, the application of § 16 E -commerce law to service providers covered by § 18c remains 
unaffected.  
(5) The liability under § 87 for service provi ders whose main purpose is to participate in or facilitate 
copyright infringements remains unaffected.  
Protecting the demands of users of major online platforms  
§ 89 (b).  (1) measures pursuant to Section 89a (1) must not have the effect that uploaded works  or 
other subject matter for which there is no infringement of copyright or related rights are not available by 
users, even if the use of a work or other subject -matter is permitted within the framework of an exception 
or restriction; they must also not h ave the effect of identifying individual users unless this is done in 
accordance with Directive 2002/58/EC of 12 July 2002 on the processing of personal data and the 
protection of privacy in electronic communications (Data Protection Directive for electron ic 
communications), OJ L  201 of 31.07.2002 p.  37, and Regulation (EU) 2016/679 of 27 April 2016 on the 
protection of individuals with regard to the processing of personal data, on the free movement of such 
data, and repealing Directive 95/46/EC (General Da ta Protection Regulation), OJ 04.05.2016 L 119, p.  1. 
Service providers are not obliged to carry out general supervision.  
(2) Providers of large online platforms have been able to find adequate information on the functioning of 
the measures under § 89a (1)  on their website and in their terms and conditions.  
(3) Measures pursuant to Section 89a (1) (2) may not have the effect of supporting access to a small 
section of a work or other subject -matter of protection automatically or by removing such an extract from 
automation. If a right holder seeks measures pursuant to Section 89a (1) (2), which are directed against 
the use of such an extract, and also provides the service provider with the relevant and necessary 
information for this purpose, the provider of a  large online platform must identify such uses and inform  
 
 
 the legal proprietor thereof so that he can request measures from the provider pursuant to § 89a (1) point 
3. However, the provider of a large online platform may, exceptionally, apply autological m easures to the 
availability of small extracts, provided that, for a certain period, the right holder sufficiently demonstrates 
that, without such temporary measures, there would be a risk that the economic exploitation of the work 
would be significantly im paired by the use of small excerpts, and otherwise provision is made to ensure 
that admissible uses are not prevented. A small extract of a work or other subject -matter is used within 
the meaning of this provision if the user associates the works or subje ct -matter of third parties with their 
own content to a lesser extent than half, and the use of these parts does not exceed 15 seconds per se of a 
film or tracking, 15 seconds of a sound spine, 160 characters per text, or a photograph or graphic with a 
data volume of 250 kilobies in each case.  
(4) If the user argues, or when uploading, that this use is permitted — in particular for the purposes of 
caricature, parody, pastich, or quotations for purposes such as criticism or review — the provider of a 
large o nline platform must make the content concerned accessible and inform the right holder of the use 
so that it can demand measures from the provider pursuant to § 89a (1) (3), unless this submission can 
immediately be seen as abusive. The provider of a large online platform must offer the users the 
appropriate online forms, together with instructions, which are intended to take precautions against an 
unlawful use of this kind. The online form must be able to include all the information required to assess 
the a dmissibility of use and any misuse.  
(5) Providers of large online platforms have to create appeal proceedings that allow their users to 
effectively and quickly take action against unauthorised access to the works or other subject -matter 
uploaded by them o r against unauthorised removal of the works or other subject matter uploaded by them. 
Effective and comfortable within the meaning of this provision means that  
1. enable users to enter their complaints on the online platform by means of easy to find, 
avail able and easy to handle functionalities;  
2. The complaints have to be dealt with immediately,  
3. The respondent ’s observations are received immediately and users are informed of the 
respondent ’s observations immediately,  
4. Decisions on a review carried ou t by human beings must be subject to a review, and users are 
informed immediately about the outcome of the examination; and  
5. As a rule, proceedings can be closed within two weeks of the filing of the appeal.  
(6) If a user has submitted grounds in the app eal proceedings that he has correctly uploaded a work or 
other subject -matter for protection, or that the respondent is not entitled to the claimed rights, the 
respondent must be invited to submit observations without delay. If the latter still requires t he blocking of 
access to the work or other subject -matter of protection, or the removal of this work or other subject 
-matter of protection, he must provide reasonable grounds for this. If the respondent does not comment 
immediately or obviously insuffici ent, the work or other subject -matter shall be accessible without 
prejudice to the right of the rightsholder to take legal action against the user.  
(7) Users may appeal to the complaints authority regarding the inaccuracy or absence of information 
(para. 2), the online form (para. 4) or the appeal procedure (paragraph 5). In the event of disputes between 
rights holders, platforms and their users or user organisations regarding the application of measures 
pursuant to Section 89a (1), the complaints authorit y may be contacted by those natural or legal persons, 
with users being able to be represented before the appeal body by user organisations. For the appeal body 
to be referred to, the user or, in the cases of the second sentence, first contacted the service  provider and 
either received no reply from the latter or the parts of the dispute were unable to reach a settlement of the 
dispute. The appellant must reach an amicable solution by preparing a solution proposal or informing the 
user, the user organisation  and the service provider of their opinion on the case raised.  
(8) The appeal body must lay down guidelines for the conduct of  this procedure, bearing in mind, in 
particular, the time limits for terminating the proceedings, as adapted to the circumstances of each case. 
The guidelines are to be guided by the principles of Section 6 (2) and (6) (1), Section 7 (1), Section 8 (1) 
(1) and (2) and (2) of the Alternative Dispute Resolution Act — Aspiration, I No 105/2015, and must be 
published in appropriate form.  
(9) The appeal body must produce an annual report on the cases pending, which is to be published in the 
context of the Activi ty Report pursuant to Section 19 (2) of the KommAustria gesetz — KOG, Opinion I 
No 32/2001. In addition, the complaints authority must provide the monitoring authority ( § 89c) with a 
summary of the number, nature and contents of the complaints it has done and made available to the new 
complaints.   
 
 
 Supervision of suppliers of large online platforms  
§ 89c. (1) monitoring authorities within the meaning of this provision are the communication 
authority Austria established in accordance with § 1 KOG. On the one h and, it is responsible for 
monitoring the observance of the obligations of the providers of major online platforms pursuant to the 
second sentence of Section 89b (2), (4), second sentence, and (5), and, on the other hand, the supervision 
that those provide rs do not apply measures which have the effect of systematic and to a considerable 
extent that unavailable works or other subject matter uploaded by users, in respect of which there is no 
infringement of copyright or related rights. The administrative supp ort of KommAustria in this 
supervision and the role of the complaints authority lies with RTR -GmbH under the responsibility of the 
manager for the field of media.  
(2) If, on the basis of the frequency and type of complaints or the results of previous supe rvision 
proceedings, the supervision considers, on the basis of its own provisional assessment, that a provider  
1. Apply measures that systematically and to a considerable extent result in the unavailability of 
uploaded works or other subject matter for wh ich there is no infringement of copyright or related 
rights, even when the use of a work or other subject -matter is allowed under an exception or 
restriction; or  
2. his obligations regarding the form of the complaints procedure pursuant to Section 89b (5)  
have been infringed, or  
 3. does not comply with its obligation to provide information pursuant to Section 89b (2) or  
4. the online form referred to in § 89b (4) is not provided, or is not provided in the form specified 
in that provision;  
it must initiate  a supervision procedure and  
a) except in the cases referred to in (b), require the provider to take a decision to establish the 
legitimate situation and to take appropriate measures to avoid future infringements; the 
provider must comply with this decisio n within the time limit set by the monitoring authority, 
which shall not exceed four weeks, and report it to the supervision authority;  
b) in cases in which a service provider has already been issued more than once a notice 
pursuant to (a) if the provider does not comply with a decision pursuant to (a), a fine is to be 
imposed in proceedings under paragraphs 4 and 5.  
(3) In assessing the efficiency of the mechanisms for the protection of users, the regulatory authority must 
take into account that the measur es requested to the provider, as well as the arrangements made to 
increase the efficiency of the mechanisms to protect users, must be appropriate and reasonable, taking 
into account the legal interests of the suppliers.  
(4) In accordance with subsection (2 ), a fine of up to one million euros shall be imposed on a provider, 
depending on the size of the infringement, if the latter is  
1. Apply measures that systematically and to a considerable extent lead to unavailable works or 
other subject matter that are n ot in breach of copyright or related rights by users; or  
2. the latter does not initiate appeal proceedings or direct appeal proceedings, but this is not 
effective and fast (Section 89b (5)).  
(5) In assessing the amount of the fine, the following factors m ust be taken into account in particular:  
1. Financial strength of the provider of a large online platform, as can be seen, for example, from 
its total turnover;  
2. Number of registered users of the major online platform;  
3. previous infringements;  
4. the e xtent and duration of the responsibility of the provider of a large online platform to 
comply with the obligations imposed;  
5. the contribution to establishing the truth; and  
6. the extent of the arrangements made to prevent a breach or instructions to sta ff on legally 
stressful behaviour.  
(6) Appeals against decisions on fines and against decisions under subsection 2 (a) do not have 
suspensive effect in derogation from Section 13 (1) of the Austrian Code of Civil Procedure — VwGVG, 
ared l. I No 33/2013. Th e measure may, on application, recognise the suspensive effect of the proceedings 
in question if, after weighing up all the interests affected, the execution of the decision would cause 
serious and inexpensive damage to the appellant.   
 
 
 (7) Section 12 (3) of  the Communication Platform Act te I No 151/2020 is to be applied on the condition 
that half of the sum of the fines imposed pursuant to subsection 4 is to be transferred as a financial 
contribution to the performance of the tasks of KommAustria and RTR -GmbH under this Federal Act.  
(8) In the context of the activity report to be drawn up over 2023 (Section 19 (2) KOG), the monitoring 
authority, with the assistance of the complaints authority, must assess the efficiency of the behavioural 
obligations provid ed for in § 89b (2), second sentence and subsection 5 and the developments relating 
thereto within the two preceding calendar years. It is also necessary to assess the availability of works or 
other subject matter uploaded by users that do not infringe cop yright or related rights, and in particular 
systematic and significant harm to this availability.  
Statute of limitations.  
§ 90. (1) the limitation of the claims to reasonable remuneration, adequate remuneration, surr ender 
of profits and information is determined in accordance with the provisions on compensation claims.  
(2) The claims of the individual entitled parties or groups of persons entitled to claim against the 
collective management organisation are subject to a limitations period of three years from that date, 
irrespective of the knowledge of the person entitled to claim compensation from the facts forming the 
basis of the CMO ’s obligation to pay.  
Obligation to report on the marketing of storage media and dupli cators  
§ 90a. (1) irrespective of the obligation to provide information pursuant to Section 87a (1), who 
markets storage media or duplicators from a place located in or abroad as the first on a commercial basis, 
regardless of the obligation to provide info rmation pursuant to Section a, the person entitled to 
compensation under § 42b shall be required to communicate in writing the type and number of items 
introduced to a joint receiving office on a quarterly basis up to five days after the expiry of each thi rd 
calendar month. CMOs must designate to the collective management authority a common receiving 
agency for storage media remuneration and reprography remuneration; the monitoring authority shall 
publish it on its website.  
(2) If the obligation to provide a report does not comply with its obligation to report, only incomplete or 
otherwise incorrect, it may be required to pay double remuneration for the part in question.  
Protection of computer programs  
§ 90 (b).  The proprietor of an exclusive right to a comp uter program established by this law which 
uses technical mechanisms to protect that program may bring an action for the prohibition and removal of 
the situation contrary to the law if means are placed on the market or owned for acquisition purposes 
which are solely intended to facilitate the unauthorised removal or confiscation of those technical 
mechanisms. § § 81, 82 (2) to (6), § § 85, 87 (1) and (2), § 87a (1), Section 88 (2), § § 89 and 90 apply 
mutatis mutandis.  
Protection of technical measures  
§ 90c. (1) the proprietor of an exclusive right based on this law, who uses effective technical 
measures to prevent or restrict an infringement of that right, can bring an action for an injunction and 
removal of the situation contrary to the law,  
1. where these  measures are circumvented by a person who is known or must be aware of the 
circumstances that they pursue this aim;  
2. when wrapping materials are manufactured, imported, distributed, sold, rented and owned for 
commercial purposes;  
3. advertising for the sale or rental of wrapping materials, or  
4. when escape services are provided.  
(2) Effective technical measures are to be understood as all technologies, devices and components 
intended, in normal operation, to prevent or restrict the infringements referre d to in paragraph 1 and 
which ensure the achievement of this protection objective. These conditions are fulfilled only in so far as 
the use of a work or other subject -matter of protection is controlled  
1. by means of access control;  
2. a protection mechan ism such as encryption, scanning or other transformation of the work or 
other subject -matter; or  
3. by means of a mechanism for controlling reproduction.  
(3) Surroundings or escalation services are to be understood as devices, products or components or 
services.   
 
 
 1. are the subject of sales promotion, advertising or marketing with the aim of circumventing 
effective technical measures;  
2. having only a limited economic purpose or benefit apart from the avoidance of effective 
technical measures; or  
3. are pri marily designed, produced, adapted or performed for the purpose of enabling or 
facilitating the circumvention of any effective technological measures.  
(4) § § 81, 82 (2) to (6), § § 85, 87 (1) and (2), § 87a (1), Section 88 (2), § § 89 and 90 apply mutatis  
mutandis.  
(5) Paragraphs 1 to 4 shall not apply in relation to rights to computer programs.  
(6) In so far as a proprietor of an exclusive right established on the basis of this Federal Law makes use of 
technical measures within the meaning of paragraph 1,  he is obliged, insofar as they have lawful access to 
the work or subject -matter of protection, to make the necessary means available immediately to the 
beneficiary by one of the provisions referred to below, in so far as they have lawful access to the wo rk or 
subject -matter of protection, so that they can make use of this advantage as necessary:  
1. § 42 (7) (reproduction for own use of cultural heritage institutions and collections),  
2. § 42d (people with disabilities),  
3. § 42G (digital uses of teaching and teaching); and  
4. § 42h (Text - and Data -Mining).  
Agreements to exclude this obligation are ineffective.  
(7) Anyone who violates the requirement under subsection 6 may be required to make available the 
resources necessary  to implement the authorisation by the beneficiary.  
(8) Technical measures applied to comply with paragraph 6, including measures applied to implement 
voluntary agreements, enjoy protection under paragraphs 1 to 4.  
Protection of tags  
§ 90 (d).  (1) the prop rietor of an exclusive right established by that law which applies markings 
within the meaning of this provision may bring an action for an injunction and removal of the state of 
conflict with the law,  
1. when such labels are removed or modified;  
2. where copies of works or other subject -matter, by or on which signs have been unauthorised 
or modified, are distributed, distributed or distributed, or used for a broadcast, a communication 
to the public or for making available to the public.  
(2) The claim unde r subsection 1 exists only against persons who carry out the activities referred to 
without authorisation and consciously, with knowledge of them or having to be aware of the 
circumstances that they thereby cause, facilitate, facilitate or hide the infring ement of an exclusive right 
conferred by that law.  
(3) Markers are to be understood as meaning:  
1. which are recorded in electronic form, even if they are encrypted by numbers or other forms;  
2. which are connected with a reproduction of the work or other subject -matter of protection, or 
are sent, transmitted, reproduced or made available to the public in connection with the work or 
other subject -matter, and  
3. the content is as follows:  
a) the name of the work or other subject -matter, author or any othe r right holder, provided 
that all these particulars originate from the right holder, or  
b) the terms and conditions governing the use of the work or other subject -matter of 
protection.  
(4) § § 81, 82 (2) to (6), § § 85, 87 (1) and (2), § 87a (1), Section 88 (2), § § 89 and 90 apply mutatis 
mutandis.   
 
 
 II. Section.  
Criminal law provisions.  
Intervention.  
§ 91. (1) anyone who is subject to an infringement of the type referred to in § 86 (1), Section 90b, § 
90c (1) or § 90d (1) shall be punished with detention o f up to six months or a fine of up to 360 times the 
per diem rate. However, the infringement cannot be punishable if it merely involves unauthorised 
reproduction or unauthorised fixation of an argument or a performance for personal use or free of charge 
ordered by another.  
(Note: Paragraph 1 (a), repealed by Art I No 32/2003)  
(2) Likewise, a person who, as the proprietor or manager of an undertaking, does not prevent an 
infringement of this kind in the course of the undertaking by an employee or agent of th at kind 
(paragraphs 1 and 1a) must be punished.  
(2a) anyone who committed an act punishable under subsection 1, 1a or 2 on a commercial basis shall be 
punished with detention of up to two years.  
(3) The perpetrator is only to be prosecuted on request of th e injured party in his or her right.  
(4) Section 85 (1), (3) and (4) on the publication of the judgment shall apply mutatis mutandis.  
(5) Criminal proceedings are incumbent on the single court of the Court of Justice of the first instance.  
Destruction and unusualness of objects and means of intervention.  
§ 92. (1) in the judgment, in which a defendant for the offence pursuant to § 91 is ordered, at the 
request of the private party, the destruction of the infringing items intended for unlawfu l distribution and 
the unusualness of the means of infringement determined exclusively or predominantly for unlawful 
reproduction and the means of infringement described in § 90b and in Section 90c (3) must be ordered. 
Such infringing objects and means of infringement are subject to these measures, irrespective of to whom 
they belong. Buildings are not subject to these measures. The provisions of Section 82 (3) shall apply 
mutatis mutandis.  
(2) If no particular person can be prosecuted or convicted, the cri minal court shall, at the request of the 
injured party, order the measures referred to in paragraph 1 in the release or in separate proceedings if the 
other conditions of those measures are met. In independent proceedings, the court which would be 
responsi ble for conducting the criminal proceedings after the necessary surveys had been practice, after 
hearing the oral proceedings by way of a judgment, recognises this. The rules applicable to the hearing, 
decision, publication and appeal of the decision shall  apply mutatis mutandis to the decision on the claim 
of a criminal offence. The reimbursement of costs is governed by the general rules on reimbursement of 
costs of the criminal proceedings; if the application is granted, the obligation to reimburse costs shall be 
borne by the party to the proceedings as the opposing party of the applicant.  
(3) In the cases referred to in paragraphs 1 and 2, where it is possible to also invite the owners of objects 
subject to destruction or unusualness to attend the hearing . They are entitled, as far as the legal 
requirements of these measures are concerned, to put forward factual circumstances, to make requests and 
to take the legal remedies permissible under the Code of Criminal Procedure. For reasons of invalidity, 
they m ay contest the judgment even if the court has exceeded the powers conferred on it under paragraphs 
1 and 2. They can manage their case themselves or through an agent and make use of a legal 
representative from the number of persons entered on the defence l ist. The period for filing an appeal 
begins with the delivery of the judgment, even if they were not present. They cannot object to a judgment 
that has been issued in their absence.  
Seizure.  
§ 93. (1) in order to safeguard the measures requested on the bas is of Section 92, the objects of 
infringement and means of infringement that are subject to them may be taken into question by the 
criminal court at the request of the private prosecution party.  
(2) The criminal court must give a decision immediately on su ch an application. It may make the 
authorisation of seizure dependent upon the existence of a seizure. Seizure must be limited to what is 
absolutely necessary. It must be cancelled if reasonable assurance is provided that the objects seized are 
not used in  an unauthorised manner and are not removed from access to the Court.  
(3) If the seizure has not been annulled earlier, it will remain pending the final settlement of the 
proceedings regarding the application for destruction of the objects of infringement or unusable of the  
 
 
 means of infringement and, if it is recognised in the judgment, until the enforcement of the ordered 
measures.  
(4) Decisions concerning the order, restriction or lifting of seizure may be appealed within 14 days; it 
only has suspensive e ffect if it is directed against the lifting or restriction of the seizure.  
(5) If the court does not recognise the destruction or dishonest nature of the seized objects, then the 
applicant must replace all the property damage caused by the seizure. If, as a result of an agreement 
reached by the parties, no decision is reached on the request for destruction or unusualness, the party 
concerned may only claim compensation if it has reserved the right to reimbursement in the agreement.  
(6) The right to the repl acement provided for in paragraph 5 shall be made through proper legal action.  
IV. Main item.  
Scope of the Law.  
1. Works of literature and art.  
Works of the nationals.  
§ 94. A work enjoys copyright protection, irrespective of whether and where it appeared,  if the 
author (Section 10 (1)) or a co -owner of Austrian nationals is the author.  
Factories appeared at domestic level and related to domestic properties.  
§ 95. The copyright protection of this Act also applies to all works not already protected under § 94 
and which have already been published on the domestic basis, as well as the works of the visual arts, 
which are components or belong to an domestic property.  
Works of foreign countries that do not appear on the domestic basis and are not associated with 
domestic properties.  
§ 96. (1) for works of foreign authors (Section 10 (1)) which are not protected under § 94 or under § 
95, copyright protection exists without prejudice to state contracts, provided that the works of Austrian 
authors are also protected in a virtually identical manner in the state to which the foreign author belongs, 
but in any event to the same extent as the works of the nationals of that state. This balance is to be 
assumed if it has been established by the Federal Ministry of Justice i n relation to the legal position which 
exists in the country concerned. Furthermore, the competent authorities may contractually agree with 
another state if this appears necessary in order to safeguard the interests of Austrian authors.  
(2) For the calcula tion of the duration of protection enjoyed by foreign authors for their works in Austria 
under the World Copyright Convention of 6 September 1952, ared No 108/1957, or under the World 
Copyright Convention, revised on 24 July 1971, Art. IV (4) (a), Article IV (1) and Article IV (4) (a) must 
be applied.  
2. Presentation of performances  
§ 97. (1) representations which take place in Austria  are protected under the provisions of Sections 
66 to 72, irrespective of the country to which the performer or the organise r belongs.  
(2) In the case of performances made abroad, Sections 66 to 72 apply to Austrian nationals. Foreigners 
are protected, without prejudice to state contracts, provided that the performances of Austrian nationals 
are also protected in a virtually id entical manner in the State to which the foreign national belongs, but at 
least to the same extent as performances by members of that State. This balance is to be assumed if it has 
been established by the Federal Ministry of Justice in relation to the lega l position which exists in the 
country concerned. Furthermore, the competent authorities may contractual themselves with another state 
if it appears necessary to safeguard the interests of Austrian performers.  
3. (E) photographs.  
§ 98. (1) the provisions of Sections 94 to 96 shall apply mutatis mutandis in respect of the 
applicability of the provisions for the protection of light images (Sections 73 to 74).  
(2) If the manufacturer is a legal person, the requirement of Austrian nationals  is met if the legal person 
has its registered office in Austria .  
 
 
 4. Sound recording carriers and transmissions  
Sound carriers  
§ 99. (1) under § 76, sound carriers are protected irrespective of whether and how they appeared if 
the manufacturer of Austrian nationals is the producer. § 98 (2) shall apply accordingly.  
(2) Other sound carriers are protected under § 76 (1), (2) and (4) to (6) if they appeared in Austria . 
(3) Under Section 76 (1), (2) and (4) to (6), sound carriers of foreign manufacturers which did not appear 
in Austria  are protected without prejudice to state contracts, provided that sound carriers of Austrian 
manufacturers are also protected in a virtually identical manner in the state to which the foreign 
manufacturer belongs, but in any event  to the same extent as the sound recording carriers of the members 
of that state. This balance is to be assumed if it has been established by the Federal Ministry of Justice in 
relation to the legal position which exists in the country concerned. Furthermo re, the competent 
authorities may enter into a contractual agreement with another state if this appears necessary in order to 
safeguard the interests of Austrian manufacturers of sound recording media.  
(4) Sound carriers of foreign manufacturers not publis hed in Austria  are also protected pursuant to 
Section 76 (1), (2) and (4) to (6) if the manufacturer belongs to a contracting party to the Convention of 
29 October 1971, bread No 294/1982, for the protection of manufacturers of sound recording media 
agains t unauthorised reproduction of their sound carriers.  
(5) Foreigners are in any case only entitled to protection under Section 76 (3) under state contracts.  
Radio programmes  
§ 99a. Radio broadcasts which are not broadcast on the domestic market are protecte d only under 
state contracts.  
Lost works  
§ 99 (b).  The provisions of Sections 94 to 96 shall apply mutatis mutandis to the protection of 
subsequent works ( § 76b).  
4a. Databases  
§ 99c. (1) databases are protected under § 76d if the producer of Austrian nati onals is the producer of 
Austrian nationals or has his usual place of residence in Austria . § 98 (2) shall apply accordingly.  
(2) Other databases are protected under § 76d if the producer is a legal person established in accordance 
with the law of a Member  State of the European Community or a state party to the Agreement on the 
European Economic Area; and  
1. has its central or principal place of business in any of these countries, or  
2. has its registered office in one of these states and whose activity has  a real connection with the 
economy of one of these countries.  
(3) Moreover, databases are protected under state contracts and agreements concluded by the Council of 
the European Community pursuant to Article 11 (3) of Directive 96/9/EC of the European Par liament and 
of the Council on the legal protection of databases (OJ L  77 of 27 March 1996, p.  20). 
4b. Press releases  
§ 99 (d).  (1) press publications are protected under § 76 (f) if the manufacturer of Austrian nationals 
is a producer of Austrian national s or has his usual stay within Austria . § 98 (2) shall apply accordingly.  
(2) Other press publications are protected under § 76f if the manufacturer is a legal person established in 
accordance with the law of a Member State of the European Community or a c ontracting party to the 
Agreement on the European Economic Area; and  
 1. has its central or principal place of business in any of these countries, or  
2. has its registered office in one of these states and whose activity has a real connection with the 
econ omy of one of these countries.  
5. News protection and title protection.  
§ 100. (1) outside countries which do not have a principal place of business in Austria  are only 
entitled to protection pursuant to Sections 79 and 80 in accordance with state agreemen ts or mutual funds; 
the Federal Minister for Justice is authorised to make clear in the Federal Law Bulletin that and at best to 
what extent mutual competition is guaranteed under the national legislation of the foreign state.   
 
 
 (2) The author of a protected work and the persons to whom a right to use a work belongs thereto shall be 
granted the protection referred to in § 80 even if the conditions referred to in paragraph 1 are not met.  
V. Hauptst ück. 
Transitional and final provis ions.  
§ 101. (1) unless otherwise provided, the copyright provisions of this Act also apply to works of 
literature and art created before its entry into force, which have not already become vacant as a result of 
the expiry of the period of protection.  
(2) Works which, at the time of the entry into force of this law, enjoy copyright protection because, under 
the earlier regulations, they are to be regarded as originating from the country, are equally protected to the 
works that have been published in Austria , even if, pursuant to § 9, they are not part of the work that has 
been published in Austria . 
(3) The protection afforded by the regulation in relation to foreign states also extends to protection under 
this law.  
§ 102. (1) who formed the copyright to the works formed by different employees, which nevertheless 
represent a uniform whole, which were published by public authorities, Korportions, educational 
institutions and public institutions before the entry into force of this law by associations or companie s (§ 
40 of the Copyright Act, St. G. Bl. No 417/1920), which is to be assessed in accordance with the new law. 
However, in case of doubt, the rights of use of such collectors are to be ascribed to the aforementioned 
publishers.  
(2) Who whom the copyright t o a portrait ordered for remuneration ( § 13 of the Copyright Act, St. G. Bl. 
No 417/1920), which was created before the entry into force of the new law, is to be assessed in 
accordance with that law. However, in case of doubt, the rights to use such a port rait belong to the 
customer.  
§ 103. If, prior to the entry into force of this Act, copyright was limited or unlimited to another 
person, this injunction does not, in case of doubt, extend to powers newly granted to the author by this 
law. 
§ 104. Pursuant t o Section 38, the exploitation rights to a film work produced on a commercial scale 
are to be assigned to the film producer even if it was created prior to the entry into force of this Act, 
provided that this is not precluded by an agreement between the pa rties which restricts these rights to the 
film manufacturer. If the author wishes to claim a right of exploitation of such a work pursuant to § 38 to 
the film producer, he or she must exercise his right in the event of other loss within a period of one yea r 
after the entry into force of this Act.  
§ 105. The rights of the authors of translations, which appeared admissible before the entry into 
force of this Act, without the consent of the author of the translated work being required, are not affected 
by this  law. 
§ 106. (1) in so far as the free distribution of copies of a work is permissible under the previous 
provisions, copies produced before the entry into force of this Act may still be freely distributed, even if 
they are not allowed to be distributed wi thout the consent of the entitled party under the provisions of this 
Act on free use.  
(2) The legality of the quality of duplications produced before the entry into force of this Act is to be 
assessed in accordance with the previous regulations.  
§ 107. The text associated with a musical art which is admissible before the entry into force of this 
law (Section 25, Z 5, of the Copyright Act, St. G. Bl. No 417/1920) in connection with the work of the 
musical art, may continue to be used in this connection in a manner permissible under § 47, paragraphs 1 
and 3. In doing so, however, the provision of Section 47 (2) is to be applied.  
§ 108. If a work of literature or musical art was transferred to a device for the mechanical 
reproduction of the hearing before the e ntry into force of this Act, the entry into force of this Act will 
cease to apply pursuant to Section 23 (3) and Section 28 (2), of the Copyright Act, St. G. Bl. No 
417/1920, copyright rights in respect of the transfer of rights of persons subsequently con sidered as 
workers. The right granted by the author to use a work to make a mechanical reproduction for the hearing 
remains unaffected. However, in the event of doubt, this right extends neither to means intended for 
simultaneous repeated facial and hearin g, nor to the public putting forward or listing the work by means 
of sound recording media or transmitting it by radio.   
 
 
 § 109. (1) the provisions of Sections 66 to 72 apply in favour of the persons designated in § 66 (1) 
even if the submission or performan ce of a work of literature or musical art took place before the entry 
into force of this Act.  
(2) If the submission or performance has been recorded on a video or recording medium before the entry 
into force of this Act with the consent of the person entit led to use the trade mark pursuant to § 66 (1), the 
manufacturer of the image or sound recording carrier was in doubt also granted the exclusive right of use 
to reproduce and distribute it in the manner reserved to the beneficiary pursuant to § 66. In such  a case, 
the consent also includes, in case of doubt, the granting of authorisation to designate the image or sound 
carriers using the name of the person making the gift or installation.  
§ 110. (1) the provisions of Sections 66 to 72 apply in favour of the  persons designated in § 66 (1) 
even if the submission or performance of a work of literature or musical art took place before the entry 
into force of this Act.  
(2) If the submission or performance has been recorded on a video or recording medium before th e entry 
into force of this Act with the consent of the person entitled to use the trade mark pursuant to § 66 (1), the 
manufacturer of the image or sound recording carrier was in doubt also granted the exclusive right of use 
to reproduce and distribute it in the manner reserved to the beneficiary pursuant to § 66. In such a case, 
the consent also includes, in case of doubt, the granting of authorisation to designate the image or sound 
carriers using the name of the person making the gift or installation.  
§ 111. The provisions of Sections 101 to 103 and 106 apply accordingly to photographs recorded 
before the entry into force of this Federal Act (Sections 73 to 75).  
§ 112. Sound carriers are protected under § 76, even if the commencement of the acoustic proce sses 
took place prior to the entry into force of this Act.  
§ 113. (1) the Copyright Act, R. G. Bl. No 197/1895, is now in force (instruction manual St. G. Bl. 
No 417/1920 and Regulation B. G. Bl. No 555/1933). Similarly, Regulation B. G. Bl. No 347/1933 ha s 
been terminated.  
(Note: § 2 amending the ABGB, JGS. No 946/1811.)  
(Note: Paragraph 3 of the German Federal Act against Unfair Competition, gun No 531/1923).  
(4) Section 57 (4) of the Patent Act, B. G. Bl. No 366/1925 remains unaffected.  
§ 114. (1) this F ederal Act will enter into force on 1 July 1936.  
(2) The Federal Ministry for Justice is responsible for its implementation, but, with regard to Section 90a 
(1) to (4), the Federal Ministry of Finance is in agreement.  
(3) On the basis of this Federal Act, regulations may be issued from the day following the day following 
which it was published; however, they will enter into force at the very latest with this law.  
Relationship to European Union law  
§ 115. (1) by § 60 (2), Section 67 (1) and Section 76 (5) and (7) to 9 and § 116 in the version of the 
Federal Law Gazette I No 150/2013, Directive 2011/77/EU amending Directive 2006/116/EC on the term 
of protection of copyright and certain related rights (codified versi on) is implemented.  
(2) Section 56e and Section 57 (3a) point 4 in the version of the Federal Law Gazette I No 11/2015 and 
the references to these provisions are implemented in Section 72 (2), Section 74 (7), Section 76 (6) and 
Section 76a (5) of Directive  2012/28/EU on certain admissible forms of use of orphan works, p.  5. 
(3) Articles 38, 42, 42a, 42b, 42d to 42  g, 57, 59a and 59c in the version of the Federal Act beans I No 
99/2015 are legal provisions which fall within the scope of application of  
1. Dir ective 93/83/EEC on the coordination of certain copyright and performances legislation on 
satellite broadcasting and cable retransmission, OJ L  248, 06.10.1993, p.  15, and  
2. Directive 2001/29/EC on the harmonisation of certain aspects of copyright and rel ated rights in 
the information society, OJ L  167 of 22.06.2001 p.  10, as amended, OJ L  6, 10.01.2002, p.  71. 
fall. 
(4) Articles 60, 61 and 68 (3) in the version of the Federal Act beans I No 99/2015 are legal provisions 
which fall within the scope of Direc tive 2006/116/EC on the term of protection of copyright and certain 
related rights (codified version), p.  12, most recently amended by Directive 2011/77/EU, p.  1. 
(5) Articles 66 to 72, 74, 76 and 76a in the version of the Federal Act beans I No 99/2015 ar e legal 
provisions which fall within the scope of application of  
1. Directive 2001/29/EC,   
 
 
 2. Directive 2006/115/EC on rental right and lending right and on certain rights related to 
copyright in the field of intellectual property (codified version), cked p . 28, 
3. Directive 2006/116/EC, and  
4. Directive 2012/28/EU  
fall. 
(6) Articles 86 and 87, as amended by the Federal Act beans I No 99/2015, are legal provisions that fall 
within the scope of  
1. Directive 2001/29/EC and  
 2. Directive 2004/48/EC on the enfor cement of intellectual property rights OJ L  157 of 
30.04.2004 p.  45, as last amended by Regulation (EC) No  219/2009, OJ L  87, 31.03.2009, 
p. 109, 
fall. 
(7) Section 42d, Section 71 (6), Section 74 (7), Section 76 (3) and (6), Section 76a (5) and Section 90c  (6) 
to (8) in the version of the Copyright Act 2018, fts I No 63/2018, implements Directive (EU) 2017/1564 
on certain permitted forms of use of certain works protected by copyright or related rights in the 
information society, OJ L  242, 20.9.2017, p.  6. 
(8) Section 43 (1) and Section 90c (6) to (8) in the version of the Copyright Act 2018, seeds I No 63/2018 
are legal provisions which, moreover, fall within the scope of Directive 2001/29/EC on the harmonisation 
of certain aspects of copyright and related r ights in the information society, OJ L  167, 22.6.2001, p.  10. 
(9) Section 17 (4), Section 18b, 59a, 59b, Section 68 (4), Section 74 (7), Section 76 (6), Section 76a (5) 
and Section 76d (5) in the version of the Federal Act ut I No 244/2021 implementing Dir ective (EU) 
2019/789 of 17 April 2019 laying down rules for the exercise of copyright and related rights in relation to 
certain online transmissions and retransmission of television and radio programmes and amending 
Directive 93/83/EEC L 130 of 17.05.2019,  p. 82. 
(10) Section 18c, 24a and 24b, Section 37b to 37  g, Section 42 (7), Section 42f (2), Section 42  g, 42h, 
56f, Section 57 (3a), Section 57a, Section 68 (4), Section 71 (6), Section 74 (1) and (7), Section 76 (6), 
Section 76a (5), Section 76d, Section  5f, Section 76 (86), Section 1b (87), § 5 (c) of the Federal Republic 
of 17 April 2019, § 89a. 
Novelals enter into force  
§ 116. (1) Sections 60, 67 (1) and 1a, Section 76 (5) and (7) to (9) in the version of the Federal Act 
beans I No 150/2013 enter into force on 1 November 2013.  
(2) Section 60 (2), as amended by the Federal Act beans I No 150/2013, applies to connections if at least 
one of the associated works is still protected in at least one Member State of the European Economic Area 
on 1 November 2013 . 
(3) If the author (Section 10 (2) UrhG) has, before 1 November 2013, justified a right to use a work, 
granted a permit to use a work or has a statutory claim for remuneration, this injunction does not, in case 
of doubt, extend to the period of extension of the period of protection provided by this Federal Act; 
however, a person who has acquired a right to use a work or a permit to use a work for remuneration, 
even during such extension, remains entitled, in return for payment of reasonable remuneration, t o use the 
work.  
(4) In so far as the protection of works for which the period of protection had already expired in 
accordance with the provisions currently in force pursuant to subsection 2 has expired, reproductions of 
such works which began before 1 Nove mber 2011 may also be completed after 31 October 2013 and 
these reproductions and copies already existing prior to 1 November 2011 may also be distributed after 31 
October 2013. Furthermore, the person who acquired a permit to use a work relating to the us e of a work 
associated with a work in the public domain before 1 November 2013 may require, after 1 November 
2013, the use of the previously publicly domain work for which protection is restored, under reasonable 
conditions.  
(5) Section 67 (1) and Section 76 (5) and (7) to (9), as amended by the Federal Act beans I No 150/2013, 
apply to performances and sound carriers for which the period of protection under the previously 
applicable provisions had not yet expired on 1 Novembe r 2013.  
(6) If a person designated in Section 66 (1) has granted his exclusive rights to the manufacturer before 1 
November 2013, this injunction extends, in case of doubt, to the period of extension of the period of 
protection brought about by the Federal  Law Gazette I No 150/2013. Furthermore, paragraph 3 is to be 
applied by analogy.   
 
 
 (7) The extension of the term of protection by the Federal Law Gazette I No 150/2013 does not justify an 
increase in the CMO ’s rates for the remuneration referred to in § 42b in conjunction with Section 76 (4) 
or Section 76 (3) or a change in the distribution of income from these allowances between various groups 
of rights.  
(8) Section 56e, Section 57 (3a) Z 4, Section 72 (2), Section 74 (7), Section 76 (6) and 76a (5) in the 
version of the Federal Act beans I No 11/2015, enter into force on 29 October 2014.  
(9) Section 37a, Section 38 (1) and the heading relating to Section 38, Section 42 (5) to (8), Section 42a, 
Section 42b (1), (3) (1), (4), (6) to (9), Section 42d to 42  g, Section 57 (2) and (3a), Section 59, 59a (2), 
Section 59c, Section 59c, § 60, § 1, § 61 to 66 and the heading of Section I. Main items, Section 74 (7) 
and (8), Section 76 (3), (4) and (6), Section 76a (5), Section 86 (1) and (2), Section 87 (4), Section 90 a 
and Section 97 in the version of the Federal Act beans I No 99/2015 enter into force on 1 October 2015; § 
§ § 46, 52, 54 (1) (3) (a) and (4), § § 61a to 61c will cease to apply as from 30 September 2015.  
(10) the copyright register maintained by the Fede ral Ministry of Justice must be completed on the date of 
entry into force of this Federal Act and must not be continued. Section 60 (1) and Section 61, as amended 
by the Federal Act beans I No 99/2015, apply to all works whose term of protection has not ye t expired 
on the date of entry into force of this Federal Act. The term of protection of works in respect of which, 
prior to the entry into force of this Federal Act, the registration of the author in the Official Journal of the 
Wiener Zeitung pursuant to Section 61c was published must still be assessed in accordance with Section 
60. 
(11) for the years 2016 to 2019, the total revenue from the storage media allowance and the reprography 
fee shall not exceed the benchmark of EUR 29 million before the reductio n of the reimbursement at the 
total annual revenue.  
(12) Section 42d, Section 43 (1), Section 71 (6), Section 74 (7), Section 76 (3) and (6), Section 76a (5) 
and Section 90c (6) to (8) in the version of the Copyright Act 2018, fts I No 63/2018 enter into f orce on 
12 October 2018.  
(13) Section 17 (3) and (4), Section 18 (3), Section 18b, 18c, 24b, 24c, 24c, 31b, 37c, 37b, 37e, 37f and 
37 g, Section 40 (3), Section 42 (7), Section 42 (42), (42) (b), § 56 (57), (3) (a), § 59 (59a), and § 59 (68) 
(a), Section 4  (69), (71), (6), (74), (1), (f), (7), (76), (6) and (76). Section 57a, as amended by the Federal 
Act beans I No 244/2021, enters into force on 1 January 2022. The service providers covered by § 18c at 
the time of the entry into force of this Federal Act m ust have implemented the obligations provided for in 
§ 89b by 1 April 2022 and subsequently to be added within three months of the commencement of 
activity. Section 89b (7) to (9) and § 89c in the version of the Federal Act beans I No 244/2021 enter into 
force on 1 March 2022.  
(14) any further authorisation within the meaning of Section 17 (4) in the version of the Federal Act beans 
I No 244/2021, in respect of which authorisations were granted before 7 June 2021, is required only after 
6 June 2025 for any further authorisation within the meaning of Section 17 (4) in the version of the 
Federal Act beans I No 244/2021.  
(15) Section 18b, in the version of the Federal Act Gazette I No 244/2021, is to be applied to contracts 
relating to supplementary online serv ices concluded before 7 June 2021.  
(16) Articles 24c, 31a and 37b, as amended by the Federal Act beans I No 244/2021, are to be applied to 
contracts concluded after the entry into force of this Federal Act. Articles 37c, 37d, 37f, 37  g, and 57a, as 
amended  by the Federal Act beans I No 244/2021, are also to be applied to contracts concluded prior to 
their entry into force in relation to acts of use that take place after their entry into force. Section 37d and, 
insofar as it refers thereto, Section 68 (4), a s amended by the Federal Act beans I No 244/2021, enters 
into force on 7 June 2022.  
(17) Section 74 (1) in the version of the Federal Act beans I No 244/2021 is to be applied to photographs 
that are still protected or are subsequently included at the time of the entry into force of this Federal Act. 
For a photograph depicting a work of figurative art for which protection has expired on the date of entry 
into force of this Federal Act, protection ends with the entry into force of this Federal Act.  
(18) Secti on 76f in the version of the Federal Act beans I No 244/2021 is to be applied to press 
publications which are produced after 5 June 2019 in relation to acts of use which take place after the 
entry into force of this Federal Act. § 91 is to be applied to ac ts of use made after 31 March 2022.   
 
 
 Art. II.  
Relationship with Community law  
(Note: from Reference source not I No 25/1998, to plane No 111/1936)  
By means of this Federal Act, the Copyright Act is adapted to Directive 96/9/EC of the European 
Parliament and  of the Council on the legal protection of databases, OJ L  77 of 27 March 1996, p.  20. 
Art. II.  
Relationship with Community law  
(Note: in Case I No 32/2003, on Sections 12, 15, 16, 18, 18a, 24, 40h, 41, 41a, 42, 42a, 42a, 42b, 42c, 
43d, 44, 45, 46, 47, 51,  52, 54a, 56c, 56, 57c, 59, 68c, 69, 71a, 72, 74a, 76d, 76, 76, 81a, 82, 86b, 87c, 87 
and 111/1936,  
This Federal Act adapts the Copyright Act to Directive 2001/29/EC of the European Parliament and of 
the Council on the harmonisation of certain aspects of c opyright and related rights in the information 
society, OJ L  167 of 22 June 2001, p.  10. 
Art. II.  
Relationship with Community law  
(Note: from Reference source not I No 22/2006, regarding Sections 16b, 60 and 87b, breaches No 
111/1936)  
Article I (1), (7) an d (9) codifies the Copyright Act to Directive 2001/84/EC of the European Parliament 
and of the Council on the follow -up of the author of the original work of art, OJ L  272 of 13. 10. 2001, 
page 32, adapted.  
Art. II.  
Relationship with Community law  
(Note: from Reference source not I No 81/2006, regarding Sections 81, 87b and 87c, beans No 111/1936)  
This Federal Act makes the Copyright Act to Directive 2004/48/EC of the European Parliament and of 
the Council on the enforcement of intellectual property  rights, OJ L  157 of 30. 4. 2004, page 45, adapted.  
Article II.  
(Note: from sheets No 106/1953, regarding Sections 3, 7 (2), 9 (2), 33, 60, 61, 74 (6), 95,)  
(1) Works which, at the time of the entry into force of this Federal Act, do not enjoy copyright pr otection 
because, in accordance with the regulations currently in force, they cannot be regarded as originating 
from a domestic country through the amendment of Section 9 (2) of the Copyright Act.  
(2) If the exercise of copyright was restricted or unlimite d before the entry into force of this Federal Act, 
this injunction does not, in case of doubt, extend to powers newly granted to the author by this Federal 
Act. 
(3) Photographs whose period of protection has expired in accordance with the provisions curren tly in 
force on the date of entry into force of this Federal Act do not acquire new protection by virtue of the fact 
that they are to be regarded as light imaging within the meaning of Article I (1); furthermore, the 
provisions of this Federal Act for Lich tformworks, which were absorbed before the entry into force of this 
Federal Act, shall apply correspondingly.  
(4) The provisions of Article 1 (11) and (12) also apply to works in respect of which, on the date of entry 
into force of this Federal Act, the pe riod of protection had expired in accordance with the provisions in 
force to date; however, on the date of publication of this Federal Act, reproductions of such works which 
have already taken place on the date of publication of this Federal Act may be com pleted and these copies 
distributed as well as copies already in existence on the date of publication of this Federal Act.  
(5) Works of the kind referred to in Section 2 (3) of the Copyright Act, which had already appeared at the 
time of the entry into for ce of this Federal Act and, according to the previous version of Section 7 of the 
Copyright Act, do not enjoy copyright protection through the amendment to Section 7 of the Copyright 
Act.  
 
 
 Article II.  
(Note: from therefrom No 492/1972, regarding Sections 24 , 26, 60, 61, 62, 66, 3 (2), 67 (1), 74 (6), 76 
and 5, 76a, Reference No 111/1936)  
(1) In so far as it relates to the extensions of the period of protection, this Federal Act shall enter into 
force on 31.  December 1972, for the rest, with effect from 1 Jun e 1973.  
(2) Article I Z 2 to 3a, 7, 17a and 20a also applies to works developed before the entry into force of this 
Federal Act, performances and performances, photographs of pictures and manufactured sound carriers, 
in respect of which the period of prote ction has not yet expired in accordance with the previous provisions 
on that date.  
(3) If the author (section 10 (2) of the Copyright Act) has established a right of use of a work before the 
entry into force of this Federal Act or granted a permit to use a  work, this injunction does not, in case of 
doubt, extend to the period of extension of the periods for which protection is sought by this Federal Act; 
however, a person who has acquired a right to use a work or a permit to use a work for remuneration, 
even during such extension, remains entitled, in return for payment of reasonable remuneration, to use the 
work. This applies accordingly to injunctions regarding the protected rights to lectures and performance 
of works of literature and music, to pictures a nd sound recordings.  
(4) If the submission or performance of a work of literature or musical art took place prior to the entry 
into force of this Federal Act, the rights of exploitation are to be assigned to the persons referred to in § 
66 (1) and (2) of t he Copyright Act in the previous version.  
(5) Article I (18) does not apply to a broadcast or public reproduction made before the entry into force of 
this Federal Act.  
(6) Article I (22) does not apply to radio programmes broadcast before the entry into fo rce of this Federal 
Act. 
(7) Paragraphs 1 and 2 of Article III of the Copyright Act 1953, bread No 106, are repealed.  
Art. II.  
Transitional Provisions  
(Note: from Reference No 295/1982, regarding Sections 61a, 61b and 61c, beans No 111/1936)  
(1) The Federa l Minister for Education and art has the copyright register maintained pursuant to 
Regulation No 171/1936 with the copyright register under the Regulations RGBl. No 198/1895 and 
prohibiting No 92/1921, together with all the items of the file relating to th is register, to be transferred 
without delay to the Federal Ministry of Justice.  
(2) Section 61c (2) of the Copyright Act, as amended, applies to inspection of these registers and copies 
of extracts and issuing certificates.  
Art. II.  
(Note: from therefrom No 93/1993, regarding Sections 16a, 40b, 40c, 45, 51, 54, 67, 74, 76, and 76a, 
ared No 111/1936)  
(1) Subject to paragraph 2, this Federal Act enters into force on 1 March 1993.  
(2) Section 16a UrhG, as amended by this Federal Act, enters into force on 1 Ja nuary 1994.  
(3) Section 16a UrhG in the version of this Federal Act also applies to items of work in respect of which 
the distribution right pursuant to Section 16 (3) UrhG lapsed before 1 January 1994. Such workpieces 
may, however, be permitted until 31.  Rented on 25 December 1994; the author shall be entitled to 
adequate remuneration for this purpose. Section 16a (2), (4) and (5) UrhG, as amended by this Federal 
Act, shall apply mutatis mutandis to this claim for remuneration.  
(4) Paragraph 3 also applies to the corresponding validity of Section 16a pursuant to Art. 1 (8) to (11).  
(5) Articles 40b and 40c UrhG, as amended by this Federal Act, do not apply to computer programs that 
were created before 1 March 1993.  
(6) Art. 1 (5)  to (7) does not apply to workpieces first distributed before 1 March 1993 ( § 16 UrhG). This 
also applies to Article 1 (9), insofar as it relates to the corresponding validity of Section 54 (2).  
(7) The Federal Ministry of Justice is entrusted with the imp lementation of this Federal Act.   
 
 
 Article III.  
(Note: from Reference source not No 106/1953, regarding Sections 24 and 26, breaches No 111/1936)  
(Note: Paragraphs 1 and 2 are repealed by Article II (7) and tively No 492/1972.)  
(3) If the author (section 10 (2) of the Copyright Act) has established a right to use a work before the 
entry into force of this Federal Act or grants a permit to use a work, this injunction does not in doubt 
extend to the period of extension of the periods for which protection is sou ght by subsection 1; however, a 
person who has acquired a right to use a work or a permit to use a work for remuneration, even during 
such extension, remains entitled, in return for payment of reasonable compensation, to use the work. This 
applies accordin gly to injunctions regarding the protected rights to the lectures and performances, 
photographs and sound carriers referred to in subsection 1 (b) to (d).  
Art. IV.  
Application to existing database files and databases  
(Note: from sheets I No I No 25/1998, r egarding Sections 40f to 40h and Sections 76c to 76e, ared l. No 
111/1936)  
(1) Sections 40f to 40h UrhG in the version of this Federal Act also apply to database works which were 
created before 1 January 1998.  
(2) Sections 76c to 76e UrhG in the version of  this Federal Act also apply to databases whose production 
between 1 January 1983 and 31.  December 1997. In these cases, the period of protection begins on 1 
January 1998.  
(3) Section 40h (2) and § 76e UrhG, as amended by this Federal Act, shall not be app lied to contracts 
entered into before 1 January 1998.  
Art. IV.  
Transitional Provisions  
(Note: in Case I No 32/2003, on Sections 12, 15, 16, 18, 18a, 24, 40h, 41, 41a, 42, 42a, 42a, 42b, 42c, 
43d, 44, 45, 46, 47, 51, 52, 54a, 56c, 56, 57c, 59, 68c, 69, 71a,  72, 74a, 76d, 76, 76, 81a, 82, 86b, 87c, 87 
and 111/1936,  
The legality of duplications of a work, the recording of a submission or a performance, a photograph, a 
recording medium or the recording of a radio programme which were produced before the entry i nto force 
of this Act is to be assessed in accordance with the existing legal situation. In so far as the distribution of 
copies is permissible under the current legal situation, they may still be freely distributed.  
Art. IV.  
Transitional Provisions  
(Note:  from Reference source not I No 22/2006, regarding Sections 16b, 38 and 69, breaches No 
111/1936)  
(1) Section 16b UrhG, as amended by this Federal Act, also applies to works which were created before 
the entry into force of this Federal Act.  
(2) Section 38  (1a), as amended by this Federal Act, applies to films produced commercially and Section 
69 (1) in the version of this Federal Act for industrially produced cinematographic works and other 
cinematographic products, with their inclusion in each case after the 31th edition. 12. Started in 2005.  
(3) Section 38 (1a), second to fourth sentences, in the version of this Federal Act also applies by analogy 
to the right of the author under Article VI (3) of the Copyright Act No 1996.  
(4) Section 38 (1), first sente nce, UrhG and the first sentence of Section 69 (1) UrhG in the version of this 
Federal Act also apply to the period of extension of the period of protection which was effected by the 
copyright law novelle 1972, net No 492/1972, and the copyright law Novell le 1996, ct No 151/1996; the 
author and the persons referred to in § 69 (1) UrhG are not entitled to any remuneration within the 
meaning of Article II (3) UrhGNov 1972 or Article VIII (3) UrhG November 1996.   
 
 
 Article  18 
Transitional and final provisions  
Personal designations  
(Note: from Reference source not I No 75/2009, regarding Sections 55, 75 and 77, ared l. No 111/1936)  
§ 1. For all personal titles, the selected form will apply to both gender.  
(Note: from Reference source not I No 75/2009, regarding Sections 55, 75 and 77, ared l. No 111/1936)  
§ 4. The provisions in force so far shall continue to apply to marriage concluded before the entry into 
force of this Federal Act.  
 
(Translated with eTrans lation – not revised)