United States of America

Austria

Copyright and Related Rights

[Follow-up question] Please indicate whether, and if so to what degree, there are any exceptions or limitations on the grant of a compulsory license to inns and hotels to show cinematographic works. In particular, is this compulsory license limited to: - lending of videocassettes; - the electronic transmission of cinematographic works to individual rooms; - the showing of cinematographic works in public areas of inns and hotels; or - any combination of these uses? With respect to the fourth paragraph of your answer, please explain how a rightholder might challenge this provision, using the fact that the Berne Convention is a self-executing treaty under Austrian law? Need a particular controversy arise, or can a declaratory judgement action be brought? Please also explain whether the TRIPS Agreement is considered self-executing in Austria?

There are no special limitations on the grant of the legal license contained in Article 56 d.1 of the copyright statute. Lending of videocassettes is not covered by this provision since this is not a performance. The provision is not aimed at permitting the electronic transmission of cinematographic works to individual rooms but it cannot be excluded that courts interpret it in this sense. The compulsory license is limited to the showing of cinematographic works in public areas of inns and hotels provided that only lodging guests of the inn or hotel have access. A rightholder might challenge this provision under the general conditions of Austrian law on civil actions but it would have to be in the context of a particular controversy. The TRIPS provisions on national treatment and on most-favoured-nation treatment are self-executing in the sense explained in the answer to question 1.