United States of America
Austria
Copyright and Related Rights
3. Please explain whether and how Austria protects against both the direct and indirect reproduction of phonograms as required by TRIPS Article 14.2, including by digital transmission in the context of interactive services.
Protection against both, direct and indirect reproduction is granted by the first sentence of Article 76.1 of the Copyright Statute, which reads as follows: "Any person who records acoustic performances on a device for the repeated reproduction of sounds (the producer) shall have, within the limitations specified by this Act, the exclusive right to multiply and distribute the sound recording. Multiplication shall be deemed to include the use of a sound recording for reproduction on another sound recording. In the case of sound recordings that are commercially produced, the owner of the enterprise shall be deemed the producer". The question also refers to "reproduction by digital transmission in the context of interactive services". This is a notion which is unknown to the Austrian Copyright Statute and which moreover is ambiguous. However, transmission as such is no act of reproduction, but acts of reproduction may occur as preparatory acts as well as in the course of a transmission and as a result of a transmission. All these acts of reproduction are covered by the above-mentioned provision.