Austria has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Section 41a of the Federal Law on Copyright in Literary and Artistic Works and Related Rights. The national exception closely resembles the EU exception.

Implementation summary:

Section 41a of the Austrian copyright law is an almost literal implementation of the generic exception in Article 5(1) of the InfoSoc Directive. It allows for temporary acts of reproduction - transient or incidental, which are an integral and essential part of a technological process and whose sole purpose is to enable: a) a transmission in a network between third parties by an intermediary or b) lawful use of a work or other protected subject-matter, and which have no independent economic significance.

Implementation details:

Beneficiaries:

• intermediaries (transmission in a network)
• any user (other lawful uses)

Purposes:

• transmission in a network between third parties by an intermediary
• other lawful uses

Usage:

• temporary acts of reproduction

Subject Matter:

• works
• performances
• phonograms
• film fixations
• broadcasts

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the act of reproductions must be transient or incidental
• the act of reproductions must be an integral and essential part of a technological process
• the act of reproduction must have no independent economic significance

Introduced/last updated: 07 January 2003

Remarks: The exceptions and/or limitations in Austrian copyright law are formulated as 'free uses' of works and other subject-matter.