Austria has implemented the Photocopying/photo-reproduction (Art. 5.2(a) InfoSoc) exception in Section 42, para 1 of the Federal Law on Copyright in Literary and Artistic Works and Related Rights. The national exception is much more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction on paper or on a similar medium of individual copies of a work for the user's own use. Reproduction made using an unlаwful source or for the purpose of making the work accessible to the public does not fall under this exemption. The exception does not cover reproduction of entire books, entire periodicals, or of sheet music, as well as of copies thereof, unless copies are made by way of transcription. However, the exception does cover reproduction of entire works when the latter are unpublished or out-of-print.
Implementation details:
Beneficiaries:
- any user
Purposes:
- own use
- own use by third parties
Usage:
- reproduction (analogue)
Subject Matter:
- works (other than entire books, entire periodicals, or sheet music)
Compensation:
- fair compensation required
Attribution:
- no attribution required
Other Conditions:
- reproduction must be for own use
- reproduction must be of individual copies only
- reproduction must be from lawful sources
- entire books, entire periodicals, or sheet music, as well as of copies thereof must not be reproduced, unless copies are made by way of transcription or books and periodicals are unpublished or out-of-print
Introduced/last updated: 01 October 2015
Remarks: The exceptions and/or limitations in Austrian copyright law are formulated as 'free uses' of works and other subject matter.
'Own use' is a pre-InfoSoc implementation institution and unlike 'private use', 'own use' includes 'professional use' within the internal organization of a legal entity. However, it should be noted, that under Section 42a, single copies can be made, on order and with no compensation required, for the 'own use' of third parties.
'Individual copies' means a certain restricted number of copies required by the nature and purpose of the 'own use'. The exact number is unclear both in cases of 'own' use and 'personal' use (see OGH 4 Ob 94/92 – Null-Nummer II) and must be established on a case-by-case basis.
'Lawful source' means that no obviously unlawfully produced model or a model which has been unlawfully made available to the public has been used for copying.
