The Austrian legislation immediately provides protection for works, phonograms and performances from other WTO Members on the basis of TRIPS Articles 3 and 9.1. This is expressly acknowledged by the relevant provisions of the Copyright Statute, saying that the protection under this law for works as well as for performances and for phonograms is subject to international treaties. This also applies to the distribution of blank tape levies under Article 42 of the Copyright Statute, as the said provisions on the protection of foreigners contain no exception with regard to the blank tape levy.
The relevant provisions of the Copyright Statute read as follows:
Article 96.1:
"For the works of foreign authors (Article 10.1) not protected under Article 94 or Article 95, copyright protection shall be afforded, subject to international treaties, on condition that the works of Austrian authors are also protected in approximately the same way in the State of which the foreign author is a national, but in any event to the same extent as works of nationals of that State...".
Article 97.1, 2:
"Recitals and performances of works of literature and music that take place in this country shall be protected underthe provisions of Articles 66 to 72, irrespective of the nationality of the persons whose authorization is required under Article 66, paragraphs 1 to 5 for the recording of the recital or the performance on a device recording images or sounds.
In the case of recitals and performances that take place abroad, Articles 66 to 72 shall apply in favour of Austrian nationals. Foreigners shall be protected in respect of such recitals and performances, subject to international treaties, on condition that the recitals and performances of Austrian nationals are also protected in approximately the same way in the State of which the foreigner is a national but, in any event, to the same extent as recitals and performances of nationals of that State...".
Article 99.1, 2, 3, 5:
"Sound recordings shall be protected in accordance with Article 76, regardless of whether and how they are published, if the producer is an Austrian national. Article 98.2 shall apply by analogy.
Other sound recordings shall be protected in accordance with Article 76.1, 2 and 4 to 6 if they have been published in Austria.
Sound recordings of foreign producersthat have not been published in Austria shall be protected under Article 76.1, 2 and 4 to 6,subject to international treaties, on condition that the sound recordings of Austrian producers are also protected in approximately the same way in the State of which the foreign producer is a national but in any event to the same extent as the phonograms of nationals of that State...
Protection under Article 76.3 may be claimed by foreigners, in any event, only in accordance with international treaties".
