IP/N/1/AUT/7, IP/N/1/AUT/C/5

Austria

Copyright Act - Copyright to literary and artistic works

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 large 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 success, an obligation to invoice their contractual partners and a right to revoke rights of use due to insufficient use. Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 lays down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC entered into force on June 7, 2019, complements the existing Directive 93/83/EEC and facilitates the clearance of copyright and related rights of radio and certain TV content for cross-border digital broadcast and retransmissions. This Directive also establishes the "country of origin" principle, extends the system of mandatory collective management to all types of retransmission of relevant television and radio programs and clarifies the legal framework of the so-called transmission by "direct injection".

Directive (EU) 2019/790 on copyright in the digital single market (IP/N/1/EU/30, IP/N/1/EU/C/14) Directive 96/9/EC (IP/N/1/EEC/C/2) Directive 2001/29/EC (IP/N/1/EU/C/1) Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC.

Federal Ministry of Justice Department 4 (resp. expert Ms. Felicitas Parapatis) Museumstr. 7 1070 Vienna, Austria Emai: felicitas.parapatits@bmj.gv.at Te.: +43-1-526 36 86

https://ip-documents.info/2023/IP/AUT/23_12966_00_x.pdf
https://ip-documents.info/2023/IP/AUT/23_12966_00_e.pdf