IP/N/1/AUT/6  
IP/N/1/AUT/C/4  
 
11 November 2022  
(22-8442)  Page: 1/2 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT  
AUSTRIA : COPYRIGHT ACT - COPYRIGHT TO LITERARY AND ARTISTIC WORKS  
Notifying Member  AUSTRIA  
 
Details of the notified legal text  
 
Title Copyright Act - Copyright to literary and artistic works  
Subject matter  Copyright and related rights  
Nature of 
notification  [X] Main dedicated intellectual property law or regulation  
[  ] Other law or regulation  
Link to legal text* https://ip -documents.info/2022/IP/AUT/22_7727_00_e.pdf   
https://ip -documents.info/2022/IP/AU T/22_7727_00_x.pdf  
Notification status  [  ] First notification  
[  ] Amendment or revision to notified legal text  
[X] Replacement or consolidation of notified legal text(s)  
Previous 
notification(s) 
referred to  IP/N/1/AUT/C/2 ; IP/N/1/AUT/C/1 ; IP/N/1/AUT/1/Rev.2 ; 
IP/N/1/AUT/1/Rev.1  
Brief description of the notified legal text  
 
The Austrian copyright law has been amended various times since 1996. These amendments are 
based in particular on the implementation of the European directives. Most recently, in 2021, 
Directive (EU) 2019/790 on copyright in the digital single market was implemented ("Directive 
(EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and 
related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC"), which 
introduced, among other things : 
 
• Harmonized rules across Europe regarding exception for automatic analysis of digital data (text 
and data mining), the use of works for digital teaching and teaching activities and the preservation 
of cultural heritage ; 
 
• A legal framework that makes it easier for museums, libraries and  archives to digitize their holdings 
of out -of-print (i.e. not available on the market) works and offer them on the Internet ; 
 
• Regulations to (also) hold internet platforms such as YouTube, whose business model is designed 
so that their users upload larg e amounts of copyrighted material to their platforms, responsible for 
these uploads ; and 
 
• Copyright contract rights for authors and performing artists to an appropriate and proportionate 
fee, a kind of a "bestseller clause" in the event of unexpected suc cess, an obligation to invoice their 
contractual partners and a right to revoke rights of use due to insufficient use.  IP/N/1/AUT/6 • IP/N/1/AUT/C/4  
 
- 2 - 
 
  Language(s) of 
notified legal text English, German  
Entry into force  31 December 2021  
Other date    
 
Notification details  
 
Submission date 
of notification  10 November 2022 
Other information  IP/N/1/EU/C/14  
(Directive (EU) 2019/790 on copyright in the digital single market ) 
 
IP/N/1/EU/C/1  
(Directive 2001/29/EC of the European Parliament and of the Council of 
22 May 2001 on the harmoni zation of certain aspects of copyright and  related 
rights in the information society ) 
 
IP/N/1/EEC/C/2  
(Directive 96/9/EC of the European Parliament and of the Council of 
11 March  1996 on the l egal protection of databases ) 
 
Agency or 
authority 
responsible  Federal Ministry of Justice  
Department 4  
(resp. expert Ms. Felicitas Parapatis)  
Museumstr. 7  
1070 Vienna  
Austria  
 
Email:  felicitas.parapatits@bmj.gv.at  
Tel.:   +43-1-526 36 86  
 
 
 
* Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form 
supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.