Austrian law provides - as already indicated in the answer to question 1 - that all revenues generated from the imposition of blank tape levy schemes which have to be distributed to rightholders are - in principle - distributed on the basis of national treatment to all rightholders from all WTO Members.
The blank tape levy issubject to compulsory collective management and Article II, paragraph 6 of the Federal Law of 1980 amending the Copyright Act provides that collective societies distributing equitable remuneration under this title shall transfer to institutions for social and cultural purposes the greater part of the overall revenue from such remuneration, less the relevant administrative costs. In practice, 51 per cent are transferred to the said institutionsso that 49 per cent remain for distribution to rightholders. This restriction concerns the scope of the right to equitable remuneration as such and applies to all rightholders including Austrian nationals.
